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Swami Sadashiva Brahmendra Sar (Nil)     29 September 2009

Transfer of vehicle without intimation to RTO

 Dear friends,

      A Motor Vehicle underwent many transfers for consideration but without intimation to registering authority. It met with an accident while in possession of last transferee. The award has been made against original owner who contested the claim before M.A.C.T. where last transferee was not made a party . Now in appeal, can the original owner implead the last transferee ?



Learning

 6 Replies

R.R. KRISHNAA (Legal Manager)     29 September 2009

Generally impleading a necessary party should be done only in trial court and not in appeal.  But in certain cases if the appellate court is satisfied that a party should be impleaded for proper contest and adjudication, then impleading a party in appeal is permissble.  It will depend on the satisfactory reasons provided by you before the appellate court.

Sarvesh Kumar Sharma Advocate (Advocacy)     29 September 2009

no tripathi sir, there is a specific pettren for transfer of a vehicle in m.v.act.and what ever is not permited is prohibited.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 October 2009

The  original owner might have raised the objection at the initial stage to the effect that he had no control over the sold vehicle since last many years and he has also in the possession the affidavit of susequent vendee who sold the same to further buyer but without getting regisration changed. If some plading exists then appellante court may force the claimant to implead last posessor of he vehicle otherwise there is no scope becase registered owner is liable

KR (Lawyer)     05 October 2009

whether a citizen can file their gievances, directly in the Parliament ?

Amardeep Srivastava (Senior Law Officer)     05 October 2009

I agree with the views of Mr. Makkad.

 

Feroz M Shafeeque (Police Officer)     24 October 2009

KR, can be done it via Member of Parliament.


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