AIR 1958 ALLAHABAD 733 ::1958 ALL. L. J. 495 ::1958 AllCriR 377 ::ILR (1958) 2 All 32

Allahabad High Court

Hon'ble Judge(s): O. H. Mootham , C.J. AND Raghubar Dayal, A. P. Srivastava , JJ

(A) Motor Vehicles Act (4 of 1939) , S.42(1), S.123(1)— (Prior to amendment by Act 100 of 1956) - Contravention of S.42 (1) - Who falls within scope of S.123(1). AIR 1950 All 234: 51 Cri LJ 734: 1949 All WR 567 and AIR 1956 All 400: 1956 Cri LJ 851 (2) and AIR 1955 All 618: 1955 Cri LJ 1443, Overruled. Under Sections 42 (1) and 123 (1) of the Act as they stood prior to the amendment, it is the owner of a transport vehicle alone when he acts in contravention of section 42 (1) who can fall within the scope of section 123 (1) of the Act. All persons who are not owners fall outside that scope. Anno: AIR Man., M. V. Act, S. 42, N. 1, S. 123, N. 1. (B) Interpretation of Statutes - Earlier Act ambiguous - Subsequent legislation on same subject - Reference to. Civil P.C. (5 of 1908) , Preamble— Subsequent legislation on the same subject may be looked to in order to see the proper construction to be put upon an earlier Act where that earlier Act is ambiguous. 1928 AC 143, Rel. on.(Para 2) Anno : AIR Com., C. P. C, Pre. N. 7. (C) Uttar Pradesh Motor Vehicles Rules (1940) , R.79(viii)— Rule applies to conductors as well as drivers - Per Chowdhry J. ....