Motor Vehicles Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 85 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
Every permit issued under this Act shall be complete in itself and shall contain all the necessary particulars of the permit and the conditions attached thereto.
Legal Commentary & Landmark Judgments: Section 85
Section 85 of the Motor Vehicles Act, 1988 dictates the statutory form, administrative particulars, distinguishing serial numbers, and mandatory seal requirements governing all transport permits issued across India.
Prescribed Statutory Format: Every permit must be issued in the prescribed statutory format (e.g., Form P.St.S., P.Co.P., P.Gd.C.) containing full particulars of the holder, registration number, route/area, and validity dates.
Countersignatures and Endorsements: Where a permit is valid for operation across regions or inter-state corridors, all statutory countersignatures and endorsements under Section 88 must be recorded on the body of the permit.
Distinguishing Seals and Anti-Forgery Measures: Permits must bear the official seal, serial number, and signature of the issuing authority or its authorized delegate, serving as public documents.
Key Landmark Precedents:
Vijayan v. State of Kerala (1999) 3 SCC 54: The Supreme Court held that statutory permits must adhere to the prescribed statutory form, and administrative authorities cannot introduce unauthorized caveats that undermine the statutory protections granted to the permit holder.
B.V. Joshi v. State of Maharashtra AIR 1971 Bom 34: The Bombay High Court held that the form and conditions endorsed on a permit under Section 85 define the precise legal parameters within which the transport operator is authorized to ply.
Courtroom Practice & Strategic Litigation Guidance:
In transport litigation and police seizure challenges, examine the original permit document. Check whether all inter-regional route permissions and extensions were officially endorsed on the Form under Section 85. Lack of formal endorsement in the permit document makes it difficult to defend against Section 66/192A challans.
Legal Commentary & Landmark Judgments: Section 85
Section 85 of the Motor Vehicles Act, 1988 dictates the statutory form, administrative particulars, distinguishing serial numbers, and mandatory seal requirements governing all transport permits issued across India.
In transport litigation and police seizure challenges, examine the original permit document. Check whether all inter-regional route permissions and extensions were officially endorsed on the Form under Section 85. Lack of formal endorsement in the permit document makes it difficult to defend against Section 66/192A challans.