Refusal of registration or renewal of the certificate of registration
Section 45 of the Motor Vehicles Act, 1988 deals with refusal of registration or renewal of the certificate of registration. The registering authority may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle), if in either case, the registering authority has reason to believe that it is a stolen motor vehicle or the vehicle The Act came into force on 01 Jul 1989.
The registering authority may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle), if in either case, the registering authority has reason to believe that it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this Act or of the rules made thereunder, or if the applicant fails to furnish particulars of any previous registration of the vehicle or furnishes inaccurate particulars in the application for registration of the vehicle or, as the case may be, for renewal of the certificate or registration thereof and the registering authority shall furnish the applicant whose vehicle is refused registration, or whose application for renewal of the certificate of registration is refused, a copy of such order, together with the reasons for such refusal.
Section 45, The Motor Vehicles Act, 1988 (Act 59 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Pappathy W/o S Ramaswamy vs The Asst Rto Puttur
Court's Decision & Legal Precedent
The proviso to Rule 4 of the Central Motor Vehicles Rules 1989 permits acceptance of an affidavit as proof of address only when the applicant demonstrates sufficient reason for inability to produce the prescribed documents listed in Rule 4. Mere filing of an affidavit without stating reasons for non-production of prescribed documents does not constitute valid compliance with Rule 47(1) of the Rules 1989, and the registering authority is justified in rejecting such applications.
On this section: Cited as the source of power for the registering authority to refuse registration of vehicles
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… The petitioner wants to register the vehicle for use as inter-urban/mofussill/ordinary services for which, as per AIS-052 standards, Type-II vehicle alone can be registered. The TYPE-II vehicle can be registered only for inter-city transport. ..5.. Under Section 45 of the Motor Vehicles Act, registering Authority has the power to refuse registration if the vehicle is not in accordance with the requirements under the Act and Rules. 6. The writ petitioner produced Type-I vehicle for operating inter-urban/inter-city transport. The Type-II vehicle alone can be used for …
-
… Learned Government Pleader also pointed out that an appeal against Ext.P6 order will only lie before the 2 nd respondent, Transport Commissioner under Rule 405 of the Central Motor Vehicles Act as provided under Section 45 of the Rules. 3. In that view of the matter, I think it is only proper that the third respondent is directed to transmit Ext.P7 appeal to the transport Commissioner enabling him to consider the same and pass appropriate orders. Accordingly, I direct the 3 rd respondent to transmit Ext.P7 appeal to the 2 nd …
-
… on the ground that there is violation of rule 123 of the Central Motor Vehicles Rules, 1989 and rule 255 (3) of the Kerala Motor Vehicles Rules, 1989 is under challenge in this writ petition. The order impugned was passed on an application filed by the petitioner to register his motor bike. It is referable to section 45 of the Motor Vehicles Act, 1988. Under section 57 thereof an appeal lies from an order refusing to register the motor vehicle with prescribed appellate authority. The period of limitation prescribed for filing such an appeal is 30 days from the date on which the applicant received notice of the order. The order …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 45
What have the courts held on Section 45 of the Motor Vehicles Act?
Pappathy W/o S Ramaswamy vs The Asst Rto Puttur (11 Nov 2005) is the leading judgment on this section among those set out below: Cited as the source of power for the registering authority to refuse registration of vehicles.
How do I find court cases under Section 45 of the Motor Vehicles Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: MV Act 45, section 45 MV Act, section 45 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Pappathy W/o S Ramaswamy vs The Asst Rto Puttur (11 Nov 2005).
What should I read with Section 45 of the Motor Vehicles Act, and has it changed?
1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently SO 3311(E) dated 25.09.2020 implementation section 45 (2020).
When did Section 45 of the Motor Vehicles Act come into force?
Section 45 of the Motor Vehicles Act, cited as MV Act 45, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1948 words
- 88. Validation of permits for use outside region in which granted1560 words
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc1199 words
- 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks1102 words
- 96. Power of State Government to make rules for the purposes of this Chapter995 words
- 72. Grant of stage carriage permits868 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.