| Case ID |
e057e71f-d89a-4861-9f26-0f58a460eea7 |
| Body |
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| Case Number |
Writ Petition No.15709 of 2004 |
| Decision Date |
Jun 15, 2009 |
| Hearing Date |
Jun 15, 2009 |
| Decision |
The Lahore High Court ruled that the non-presentation of an insurance certificate at the time of first registration of a vehicle cannot be a ground for refusal of registration. The court emphasized that Section 28 of the Provincial Motor Vehicles Ordinance does not include the absence of an insurance certificate as a reason for refusal. However, it acknowledged that Section 34 allows for the suspension of registration if a vehicle is not insured. The court directed that the Provincial Government should establish rules for vehicle insurance that align with the existing laws to ensure compliance and harmony between the Motor Vehicles Ordinance and the Motor Vehicles Act. |
| Summary |
In the case of Writ Petition No.15709 of 2004, the Lahore High Court addressed the issue of vehicle registration and insurance requirements under the Provincial Motor Vehicles Ordinance of 1965. The petitioners, who were insurance companies, challenged directives that required the production of an insurance certificate at the time of first registration. The court clarified that while the law mandates vehicle insurance, the specific requirement for an insurance certificate during initial registration was not legally supported. The decision aimed to harmonize the provisions of the Motor Vehicles Ordinance with the Motor Vehicles Act, ensuring that vehicle owners comply with insurance laws without unnecessary hindrances during the registration process. This ruling is significant for both insurance companies and vehicle owners, as it outlines the legal framework for vehicle insurance compliance and registration procedures. |
| Court |
Lahore High Court
|
| Entities Involved |
PROVINCE OF PUNJAB,
ASIAN MUTUAL INSURANCE COMPANY (GUARANTEE) LTD.
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Kh. Saeed-uz-Zafar,
Ch. Muhammad Sadiq,
Sadaqat Ali Shah
|
| Petitioners |
ASIAN MUTUAL INSURANCE COMPANY (GUARANTEE) LTD.
|
| Respondents |
PROVINCE OF PUNJAB through Secretary Excise and Taxation, Government of Punjab
|
| Citations |
2009 SLD 1434,
2009 PLD 619
|
| Other Citations |
Not available
|
| Laws Involved |
Provincial Motor Vehicles Ordinance
|
| Sections |
28,
34
|