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    <title>1965 (2) TMI 99 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=173871</link>
    <description>Section 130(1) of the Motor Vehicles Act, 1939 was construed as giving the Magistrate a choice between the alternatives stated in clauses (a) and (b) when issuing summons for offences outside Part A of the Fifth Schedule. Because the provision used the disjunctive &quot;or&quot;, the court held that it did not compel endorsement of both alternatives. A mandatory reading would improperly turn &quot;or&quot; into &quot;and&quot; and would sit uneasily with the Act&#039;s scheme, which was aimed at a convenient procedure for minor infractions rather than avoiding more serious consequences through payment of a limited sum. The Magistrate therefore was not bound to endorse clause (b).</description>
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    <pubDate>Wed, 03 Feb 1965 00:00:00 +0530</pubDate>
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      <title>1965 (2) TMI 99 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=173871</link>
      <description>Section 130(1) of the Motor Vehicles Act, 1939 was construed as giving the Magistrate a choice between the alternatives stated in clauses (a) and (b) when issuing summons for offences outside Part A of the Fifth Schedule. Because the provision used the disjunctive &quot;or&quot;, the court held that it did not compel endorsement of both alternatives. A mandatory reading would improperly turn &quot;or&quot; into &quot;and&quot; and would sit uneasily with the Act&#039;s scheme, which was aimed at a convenient procedure for minor infractions rather than avoiding more serious consequences through payment of a limited sum. The Magistrate therefore was not bound to endorse clause (b).</description>
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      <pubDate>Wed, 03 Feb 1965 00:00:00 +0530</pubDate>
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