Law: Provincial Motor Vehicles Ordinance, 1965

Section: 33

Law: Constitution of Pakistan, 1973

Section: 212(3)

Provincial Motor Vehicles Ordinance, 1965 (XIX of 1965)--

----S. 33--Constitution of Pakistan, 1973, Art. 212(3)--Purchase of vehicle--Alteration in vehicle--Forensic examination--Seization of vehicle--Transfer for vehicle during seization period--Requirements of law--Bona fide purchaser--Some alteration has been made in vehicle and respondent claims that he has purchased vehicle from the person whose name appears in record of Court file--However, subject vehicle was seized on 27.01.2017 and during its seizure period, its ownership was transferred in name of respondent--Any alteration effected in vehicle is required to be reported within 14 days to authority in whose jurisdiction owner resides and authority is required to issue a certificate of registration of subject vehicle to concerned authority where such alteration has to be entered into-- Such alteration was not carried out by him but by person from whom he has purchased vehicle--Liability and responsibility vest on person making such alteration in any manner whatsoever--If respondent has purchased same without taking due care and complying with requirements of law, he cannot claim to be a bona fide purchaser--He may, if so advised, claim damages from person from whom he purchased subject vehicle--Appeal allowed.

[Pp. 22, 23 24] A, B C

2015 PTD 570 ref.

Provincial Motor Vehicles Ordinance, 1965 (XIX of 1965)--

----S. 33--Constitution of Pakistan, 1973, Art. 212(3)--Purchase of vehicle--Alteration in vehicle--Forensic examination--Seization of vehicle--Transfer for vehicle during seization period--Requirements of law--Bona fide purchaser--Some alteration has been made in vehicle and respondent claims that he has purchased vehicle from the person whose name appears in record of Court file--However, subject vehicle was seized on 27.01.2017 and during its seizure period, its ownership was transferred in name of respondent--Any alteration effected in vehicle is required to be reported within 14 days to authority in whose jurisdiction owner resides and authority is required to issue a certificate of registration of subject vehicle to concerned authority where such alteration has to be entered into-- Such alteration was not carried out by him but by person from whom he has purchased vehicle--Liability and responsibility vest on person making such alteration in any manner whatsoever--If respondent has purchased same without taking due care and complying with requirements of law, he cannot claim to be a bona fide purchaser--He may, if so advised, claim damages from person from whom he purchased subject vehicle--Appeal allowed.

[Pp. 22, 23 24] A, B C

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