Law: Provincial Motor Vehicles Ordinance (XIX of 1965)

Section: 35,32,34

Law: Criminal Procedure Code (V of 1898)

Section: 516A

[(Provincial Motor Vehicles Ordinance (XIX of 1965)]......S 35---Cancellation of registration of motor vehicle---Excise and Taxation Officer who was Registration Authority, could order cancellation of registration when motor vehicle had been destroyed or had been rendered permanently incapable of use or, if Excise and Taxation Officer was satisfied that motor vehicle had been permanently removed out of the Province---Section 35 of Provincial Motor Vehicles Ordinance, 1965 which dealt with cancellation of registration of Motor Vehicles, had not authorized Excise and Taxation Officer to cancel registration of a vehicle in favour of a purchaser once vehicle had been transferred in terms of S.32 of the Ordinance---Power of cancellation of registration under S.35 of Provincial Motor Vehicles Ordinance, 1965 was limited and could only be exercised under conditions provided therein---Even the authority of cancellation could not be exercised by Excise and Taxation Officer under the garb of S.34(e) of Provincial Motor Vehicles Ordinance, 1965. (b) Provincial Motor Vehicles Ordinance (XIX of 1965)--- ----Ss.32, 34 & 35---Sale of motor vehicle---Cancellation of registration of motor vehicle---Transaction of sale of vehicle was dependant upon the contract between the parties and if one party defaulted or committed breach of contract by selling a vehicle to a stranger on the basis of open letter alleged to have been signed by previous owner, Excise and Taxation Officer, had no authority to nullify, such a contract by cancelling registration---Party claiming commission of breach of contract and/or trust was obliged in law, to file a civil suit; but could not seek redress of its grievance under the garb of 5.34 or S.35 of Provincial Motor Vehicles Ordinance, 1965---Exercise of powers of Excise and Taxation Officer cancelling registration was, ex-facie, abuse of authority as he did not have such power once vehicle had been transferred in terms of S.32 of Provincial Motor Vehicles Ordinance, 1965 in name of its purchaser---If previous owner had any claim that he had never sold the vehicle to purchaser and vehicle was with someone else who committed breach of trust and had…

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