High Court directs state to ban unregistered Totos

The Calcutta High Court recently dealt with a Public Interest Litigation (PIL) which challenged the state government’s decision to allow operations of unregistered e-rickshaws, popularly known as Toto across the state. The division bench of Chief Justice T.B.N. Radhakrishnan and Justice Arijit Banerjee were dealing with the PIL when they observed that the court cannot interfere in this matter since the Totos against which the PIL was registered were mostly manufactured by unregistered companies having no patent to produce e-rickshaws. The court thus did not issue any order regarding this matter, however, Chief Justice T.B.N. Radhakrishnan and Justice Arijit Banerjee mentioned that the earlier interim order issued on August 18 last year by the division bench of the then chief justice - Justice Jyotirmoy Bhattacharyya and Justice Arijit Banerjee will remain in force. The division bench of Justice Bhattacharyya and Justice Banerjee had directed the state to take proper actions against these unregistered Totos last year. The state was asked to register these e-vehicles under the Motor Vehicles Act and Patents Act or ban them by August 31, 2019. The division bench of Chief Justice T.B.N. Radhakrishnan and Justice Arijit Banerjee directed the state to follow the interim order of Justice Jyotirmoy Bhattacharyya and Justice Arijit Banerjee and to ban these unregister e-vehicles. The registration of these e-vehicles is necessary since no claim of compensation in the event of a death involving such a vehicle will be entertained by the court if those vehicles are not registered lawfully.

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