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Also Read: Registered Sale Deed Alone Doesn’t Guarantee Ownership — Supreme Court Rules

Who is a Karta in HUF?

The Karta is the head and manager of a Hindu Undivided Family (HUF). Traditionally, this role is assumed by the eldest male member of the family. However, recent legal developments have clarified that even women can become Kartas if they are the senior-most coparceners in the family.

Role of the Karta

1. Manages the family’s financial affairs and property.

2. Represents the HUF in legal proceedings.

3. Takes decisions related to investments, expenses, and alienation of property.

While the Karta enjoys broad authority, this power is not absolute. The Karta is expected to act in good faith and in the best interests of the entire family.

Also Read: Supreme Court Rules: Unregistered Sale Agreement Invalidates Title, No Shield Against Dispossession

What Are the Powers of a Karta?

The Karta’s powers are derived from Hindu Mitakshara law, but they are subject to certain restrictions:

1. Management of HUF Property

The Karta manages the day-to-day affairs, collects rent, pays taxes, and ensures maintenance of HUF assets.

2. Alienation of Property

The Karta has the right to sell or mortgage HUF property without consent of other family members, but only under specific circumstances such as:

1. Legal necessity.

2. Benefit of the estate.

3. Partition of Property

While the Karta can initiate partition, consent of other coparceners is generally required.

Limitations

If the Karta acts for personal benefit or without a legitimate reason, their actions can be challenged in court.

Also Read: Understanding the Legal Process: Property Transfer from Mother to Son After Death in India

Can a Karta Sell HUF Property Without Consent?

The Core Question

A Karta can sell or mortgage HUF property without consent, provided:

1. There is legal necessity, or

2. The transaction benefits the estate.

This principle is established in multiple Supreme Court judgments, which presume that the Karta acts in good faith unless proven otherwise.

Also Read: Understanding the Importance of a Property Title Search Report Before Buying Real Estate

Legal Necessity: Meaning and Examples

Legal necessity refers to situations where the Karta is compelled to sell HUF property to meet urgent family needs.

Key Examples:

1. Repayment of family debts.

2. Medical expenses for a family member.

3. Educational costs for children.

4. Expenses for marriage or funeral ceremonies.

5. Preventing property from being auctioned due to unpaid taxes.

Important Note:
The Karta must prove that no other alternative existed except selling the property.

Also Read: Property Title Verification In India: The Process, Methods and Other Aspects

Benefit of the Estate: What Does It Mean?

“Benefit of the estate” is a broader concept. It includes decisions that may not be urgent but are in the long-term interest of the HUF.

Examples:

1. Selling unproductive property to buy income-generating assets.

2. Preventing losses due to property disputes.

3. Raising funds for a family business that benefits the HUF.

In such cases, the Karta’s action does not require prior consent but must clearly demonstrate advantage to the family estate.

Also Read: Unlocking The Secrets Of A Sale Deed Basic Concepts

Rights of Coparceners to Object

While the Karta enjoys substantial powers, coparceners (family members who share ownership) have rights too.

When Can They Challenge?

Coparceners can challenge a Karta’s action if:

1. The sale was not for legal necessity or benefit of the estate.

2. The Karta misused funds for personal gain.

3. The property was sold at an undervalue price.

If successful, the court may:

1. Declare the sale invalid.

2. Restore the property to the HUF.

3. Award compensation for damages.

Also Read: What Are The New Rules For Property Registration In India

Important Supreme Court Judgments

Phoenix ARC (P) Ltd. v. Vishwa Bharati Vidya Mandir (2022)

The Supreme Court upheld the Karta’s right to mortgage property without family consent, provided it was done for legal necessity.

Sri Narayan Bal v. Sridhar Sutar (1996)

The Court ruled that even if minor coparceners exist, the Karta can sell property for family necessity.

Thimmaiah v. Ningamma (2000)

Clarified that the burden of proof lies on coparceners challenging the Karta’s action.

These judgments reiterate the principle that the Karta’s actions are presumed valid unless proven otherwise.

Mortgage of HUF Property by the Karta

Apart from selling, the Karta may also mortgage HUF property to raise funds.

Allowed When:

1. Funds are used to meet urgent family needs.

2. Mortgage benefits the family business.

Not Allowed When:

1. Funds are used for personal luxury.

2. Mortgage is taken recklessly, risking family assets.

Also Read: What Is Title Deed A Complete Guide To Navigate It In India

Key Considerations for HUF Members

For Kartas:

1. Ensure proper documentation of necessity.

2. Maintain transparency with family members.

For Coparceners:

1. Stay informed about HUF transactions.

2. Challenge questionable actions promptly in court.

Also Read: Everything You Need To Know About Property Transfer Process

Conclusion

The Karta plays a pivotal role in managing HUF property. While they have the authority to sell or mortgage property without the consent of other members, such power is not absolute. The sale must be:

1. For legal necessity, or

2. For the benefit of the estate.

Coparceners hold the right to challenge the Karta’s decisions if these conditions are not met. This balance of power ensures that the HUF system remains fair and beneficial for all family members.

In a complex legal landscape, it is always advisable to seek legal consultation before taking or contesting such decisions.

Also Read: Debunking Driving License Myths: Your Guide to a Hassle-Free Application

Why Was There a Fuel Ban on Older Vehicles in Delhi?

Delhi has long struggled with air pollution, often ranking among the most polluted cities in the world. In 2015, the National Green Tribunal (NGT) introduced a rule banning:

1. Diesel vehicles older than 10 years

2. Petrol vehicles older than 15 years

from operating in Delhi-NCR. The ban aimed to reduce vehicular emissions, which were seen as major contributors to PM2.5 and PM10 levels.

In 2025, the Delhi Transport Department went a step further by cutting off fuel supply to such vehicles, essentially making it impossible for owners to refuel and use them.

This drastic measure, however, triggered:

1. Massive inconvenience to daily commuters.

2. Economic loss for vehicle owners who were forced to sell or scrap functional cars.

3. Legal challenges questioning the fairness of the enforcement.

Also Read: How to Get an NOC and Transfer Your Vehicle Across Indian States: A Step-by-Step Guide (2025)

Also Read: FTA HSRP: Complete Guide to Online Registration, Process, Fees, and Status

What Led to the Partial Reversal in 2025?

Public backlash and logistical concerns forced the government to rethink its approach. Many citizens argued:

1. Their vehicles were well-maintained and passed emission tests despite being older.

2. A sudden fuel cut-off deprived them of time to make alternate arrangements.

3. Vehicles seized under the rule were auctioned off hastily or left languishing in government yards, leading to further depreciation.

Considering these issues, the Delhi Transport Department amended the policy, allowing certain categories of vehicles to be reclaimed or re-registered after satisfying updated fitness and pollution norms.

This rollback provides a second chance for owners who either:

1. Had their vehicles seized and stored.

2. Sold their vehicles under duress but now wish to reclaim them.

Also Read: RC Transfers: Essential Insights You Might Be Missing

How to Check if Your Vehicle Can Be Reclaimed

Before you begin, it’s important to check the current status of your vehicle.

Step: Verify Registration Status Online

Visit the Delhi Transport Department’s portal or use the VAHAN website:

1. Go to https://vahan.nic.in.

2. Enter your vehicle registration number.

3. Check whether your vehicle is listed as:

   1. Seized and stored in a government yard

   2. Scrapped/deregistered

   3. Auctioned or sold

Step: Locate Your Vehicle

If the vehicle is still in a government storage yard, you may apply for its release.
If it has been sold or auctioned, you will need to trace the new owner via:

1. VAHAN database records.

2. Delhi Transport Department’s assistance.

Also Read: How To Check Delhi E-Challan Status & Make Payment Online

Step-by-Step Guide to Reclaiming Your Seized Vehicle

If your vehicle is still stored in a government yard, follow these steps carefully:

Step 1: Apply for Vehicle Release

Submit an application at your Regional Transport Office (RTO) or online through the Delhi Transport portal. Attach:

1. Proof of ownership (RC copy).

2. ID proof (Aadhaar, PAN).

3. Seizure notice (if available).

Step 2: Pay Pending Charges

You will likely need to pay:

1. Parking and yard fees (calculated based on storage duration).

2. Administrative charges for processing the release.

Step 3: Fitness and Pollution Tests

Your vehicle must pass:

1. A fitness test at an authorized testing center.

2. Pollution Under Control (PUC) certification.

If it fails, the authorities may deny re-registration.

Step 4: Re-registration

If approved, re-register your vehicle under updated norms and get a new Registration Certificate (RC).

Also Read: Easy Traffic Challan Payment Guide - Legalkart

What If You Sold Your Vehicle Under Pressure?

Many owners sold their vehicles to buyers outside Delhi to comply with the ban. If you wish to reclaim such a vehicle:

Step 1: Trace the Current Owner

1. Contact the buyer directly (if details are available).

2. Approach the Transport Department for assistance in locating the vehicle.

Step 2: Negotiate Repurchase

If the current owner agrees, draw up a legal sale agreement for repurchase.

Step 3: Check Eligibility for Re-registration in Delhi

Ensure your reclaimed vehicle qualifies under the updated rules:

1. Compliance with BS-VI emission norms may be required.

2. Some categories (e.g., commercial diesel vehicles) may still face restrictions.

Also Read: Pay Traffic Challan Online Step-by-Step Guide Legalkart

Challenges You Might Face

While the rollback is promising, there are potential roadblocks:

Vehicle Already Scrapped: If your car was dismantled, reclaiming it is impossible.

Fitness Failures: Older vehicles may not pass updated fitness tests.

High Costs: Storage charges, testing fees, and re-registration costs may outweigh the vehicle’s market value.

Re-registration Denial: Vehicles not meeting emission norms may still be banned from Delhi roads.

Also Read: Traffic Challan Disposal Guide Legal Advice

Tips to Improve Your Chances of Reclaiming Your Vehicle

Act Quickly: Apply before your vehicle is scrapped or auctioned.

Maintain Records: Keep original RC, insurance, and past fitness certificates handy.

Legal Support: Consult a lawyer for assistance with complex cases or disputes.

Explore Alternative Registration: If re-registration in Delhi is denied, consider registering the vehicle in a different state with relaxed norms.

Also Read: E-Challan Gurgaon: How to Check Gurugram Traffic e-Challan Status Online

Legal Provisions Around Vehicle Seizures

The Motor Vehicles Act, 1988 empowers authorities to seize unfit vehicles. However, owners have:

1. A right to be notified before scrapping.

2. A right to apply for release if they comply with fitness and pollution standards.

If you believe your vehicle was unlawfully scrapped or sold, you may:

1. File a complaint with the Delhi Transport Department.

2. Approach the State Transport Appellate Tribunal.

3. Seek legal recourse in the Delhi High Court.

Also Read: Spotting E-Challan Scams: How to Identify and Avoid Fake Traffic Fines

Why the E‑OL Rule Still Matters

While this rollback offers relief, it does not completely remove the E‑OL rule. Authorities continue to stress:

1. The importance of phasing out older, high-emission vehicles.

2. Encouragement for citizens to switch to electric or CNG vehicles.

This partial reversal is a temporary window, not a long-term exemption.

Also Read: How to Apply for a Driving Licence Online In India, 2024 (Updated)

Key Takeaways

1. Delhi’s partial rollback of the fuel ban allows some vehicle owners to reclaim seized or sold vehicles.

2. Owners must act promptly, ensuring their vehicles pass fitness and pollution checks.

3. The process involves verifying the vehicle status, paying fees, and re-registering under updated norms.

4. Legal help is advisable for complex recovery cases.

5. Even after reclamation, the push towards cleaner, greener transportation continues.

Also Read: How to Register for National Lok Adalat 2025: Token Process, Schedule, and Checking Traffic Challan Status

Final Thoughts

The partial rollback of the E‑OL rule in Delhi is both a relief and a reminder. Relief for those who can now reclaim their vehicles, and a reminder of the city’s ongoing struggle for clean air.

If you are among the affected owners, act now. Check your vehicle’s status, comply with legal requirements, and reclaim what’s yours—before it’s too late.

And if you’re planning to continue using your reclaimed vehicle, ensure it aligns with Delhi’s new green initiatives to avoid future restrictions.

Also Read: Copyright : Meaning, Process, Advantages

Why Were Creative Commons Licenses Created?

Traditional copyright law grants authors exclusive rights to reproduce, distribute, and adapt their works. But this “all rights reserved” system often limits sharing and remixing of creative works, even when the creator wants to allow it.

Before Creative Commons, creators had only two choices:

1. Reserve all rights (restricting all use unless they grant explicit permission)

2. Dedicate their work to the public domain (giving up all rights completely)

Creative Commons was introduced in 2002 by Lawrence Lessig and his colleagues to offer a middle path. With CC licenses, creators can decide exactly how their work may be used—encouraging legal sharing, creativity, and collaboration.

Also Read: Copyright Law In India

Versions and Global Reach of Creative Commons Licenses

Why Versions Matter

Since its creation, Creative Commons has released several versions of its licenses to keep up with evolving legal systems and user needs.

• Version 1.0 (2002): The original release

• Version 3.0: Focused on better internationalization and local legal systems

• Version 4.0 (2013): The most current version, designed to be jurisdiction-neutral, meaning it applies globally without the need for “porting” to individual countries’ laws

Creative Commons in India

India has embraced Creative Commons licensing, particularly in education and cultural projects:

1. The National Repository of Open Educational Resources (NROER) uses CC BY-SA licenses.

2. Organizations like Pratham Books publish children’s books under CC licenses to make reading accessible for all.

However, there is still low awareness among individual creators and small businesses about how these licenses work.

Also Read: A Comprehensive Guide To Copyright Registration In India | Legalkart

Understanding the Core Elements of Creative Commons Licenses

Every CC license combines some or all of these four elements:

Every CC license always includes Attribution (BY).

Also Read: Navigating The Copyright Maze Understanding Copyright Claims Vs. Copyright Strikes

The Six Most Common Creative Commons Licenses

By combining the elements above, six standard CC licenses are created:

CC BY (Attribution)

1. Allows commercial and non-commercial use

2. Adaptations allowed

3. Requires attribution

CC BY-SA (Attribution-ShareAlike)

1. Allows adaptations and sharing

2. Derivatives must carry the same license

CC BY-NC (Attribution-NonCommercial)

1. Commercial use not allowed

2. Adaptations allowed with attribution

CC BY-NC-SA (Attribution-NonCommercial-ShareAlike)

1. Commercial use not allowed

2. Derivatives must use the same license

CC BY-ND (Attribution-NoDerivatives)

1. No modifications allowed

2. Commercial sharing allowed with attribution

CC BY-NC-ND (Attribution-NonCommercial-NoDerivatives)

1. Most restrictive license

2. Sharing allowed for non-commercial purposes only

Also Read: A Step-by-Step Guide to Copyrighting a Web Series in India

What is CC0 or Public Domain Dedication?

Apart from these six licenses, Creative Commons also offers CC0 (Creative Commons Zero).

1. Creators can waive all rights and dedicate their work to the public domain.

2. Anyone can use the work for any purpose—without even crediting the creator.

This is ideal for datasets, scientific research, and government publications.

Also Read: How to Copyright and Trademark a Logo in India: A Comprehensive Guide

How to Apply a Creative Commons License to Your Work

As a creator, you can license your work under Creative Commons in these simple steps:

1. Decide your goals: Do you want to allow commercial use? Are you okay with adaptations?

2. Choose a license: Visit https://creativecommons.org/choose/ to pick the right license.

3. Mark your work clearly: Use the CC license badge and a link to the license.

4. Add metadata: So platforms like YouTube and Flickr can identify your license.

Also Read: Copyright vs. Trademark: Understanding the Differences

How to Use Creative Commons Licensed Works

If you’re using CC-licensed content, follow these best practices:

1. Check the license type carefully

2. Provide proper attribution (use the “TASL” formula: Title, Author, Source, License)

3. Respect restrictions like NonCommercial or NoDerivatives clauses

4. Be cautious when remixing CC works to avoid incompatible licenses

Also Read: Gambling and Gaming Laws: Copyright, Licensing, and Ethical Concerns Explained

Legal Status and Key Court Cases

Creative Commons licenses are enforceable in courts globally:

• Dutch Tabloid Case (2006): Dutch court upheld CC license terms even without a signed agreement.

• Drauglis v. Kappa Map Group (2014): US court clarified what constitutes a derivative work under CC BY-SA.

• VGSE v. Langner (2016–19): German court enforced attribution obligations under CC BY.

These cases demonstrate the legal validity of Creative Commons licenses.

Creative Commons Licenses in India: The Current Scenario

India’s Copyright Act, 1957 recognizes voluntary licensing arrangements like CC. Yet, awareness among Indian creators and users remains limited.

Areas where CC is gaining traction:

• Education: Schools and universities adopting Open Educational Resources (OER).

• Cultural heritage: Museums and archives releasing collections under CC.

• Creative arts: Photographers and musicians sharing works on platforms like Flickr and SoundCloud.

Best Practices for Creators and Users

Conclusion

Creative Commons licenses have revolutionized how we share and use creative works. They empower creators to make their content available to a wider audience without losing control, while also giving users a clear framework to reuse, remix, and distribute content legally.

For India, embracing Creative Commons could accelerate open education, cultural exchange, and digital innovation. Whether you’re a creator looking to share your work or a user looking for content to use, understanding CC licenses is your key to staying legal and creative.

As the internet continues to evolve, Creative Commons remains one of the most important tools for building a more collaborative and inclusive digital world.

Also Read: Debunking Driving License Myths: Your Guide to a Hassle-Free Application

Why You Need an NOC for Interstate Vehicle Transfer

When a vehicle moves from one state to another, it needs to comply with the Motor Vehicles Act, 1988. Section 47 of the Act requires vehicles staying in another state for more than 12 months to be re-registered in the new state.

But to re-register, your current RTO must certify that:

1. There are no pending traffic fines or taxes.

2. The vehicle is not under any police investigation or loan hypothecation.

3. It is fit for transfer.

This certification is called the No Objection Certificate (NOC).

Also Read: FTA HSRP: Complete Guide to Online Registration, Process, Fees, and Status

Why is NOC essential?

• Legal Requirement: Without NOC, the new state RTO cannot issue a fresh registration number.

• Road Tax Refund: If you paid a one-time road tax in the old state, you can claim a refund after getting NOC.

• Avoid Penalties: Vehicles without NOC may be seized or fined during interstate movement.

Fact: According to the Ministry of Road Transport and Highways (MoRTH), over 1.2 million vehicles are transferred between states annually in India, and failure to get NOC is a common cause for RTO disputes.

Also Read: RC Transfers: Essential Insights You Might Be Missing

What Is an NOC?

A No Objection Certificate is a legal document issued by your vehicle’s current RTO, allowing you to register your vehicle in another state.

It confirms:

1. There are no criminal or financial liabilities attached to your vehicle.

2. The owner has cleared all dues and taxes.

Validity: The NOC is valid for 6 months from the date of issue. You must complete the transfer process within this period, or else apply for a fresh NOC.

Rule Source: Parivahan.gov.in

Also Read: How To Check Delhi E-Challan Status & Make Payment Online

Documents Required for NOC Application

Here’s what you’ll need as per official RTO guidelines:

Essential Documents

1. Form 28 (Application for NOC)

   • This is the official application form for NOC. You need to submit three copies of Form 28.

2. Owner’s ID Proof

   • Aadhaar Card, Passport, Voter ID, or Driving Licence as proof of identity and address.

3. Original RC (Registration Certificate)

   • Your vehicle’s RC Book/Card is mandatory for ownership verification.

4. Valid Insurance Certificate

   • A copy of your motor insurance policy to show that your vehicle is insured.

5. Pollution Under Control (PUC) Certificate

   • Proof that your vehicle meets environmental emission standards.

6. Chassis & Engine Pencil Print

   • RTO requires an impression of your vehicle’s chassis and engine numbers for verification.

7. Road Tax Payment Receipt

   • Proof that you’ve paid the road tax in the current state.

8. Bank NOC (if vehicle under loan)

   • If your vehicle was financed, you must get a clearance certificate from the bank or financier.

Also Read: Easy Traffic Challan Payment Guide - Legalkart

Additional Documents (if applicable)

• For Commercial Vehicles:

  1. Permit surrender slip

  2. Fitness Certificate

  3. Proof of no pending challans

• For Vehicles with Hypothecation:

  • Form 35 (Hypothecation termination certificate)

Also Read: Pay Traffic Challan Online Step-by-Step Guide Legalkart

Why Keep These Ready?

If even one document is missing, your application for NOC might get delayed or rejected. This is especially critical in Delhi NCR, where vehicles older than 10 or 15 years face fuel bans and time is of the essence.

Note: Many people forget to collect the Bank NOC, which causes unnecessary delays in the process. Always check with your bank first if your car was financed.

How to Apply for NOC: Online & Offline

Applying for a No Objection Certificate (NOC) is the first step to legally transfer your vehicle to another state. Depending on your convenience and the facilities available at your RTO, you can choose either the offline process or the online process.

1. Offline Process (Traditional Method at RTO)

If your RTO doesn’t support online NOC applications or you prefer handling the process in person:

Step-by-Step Process:

1. Visit Your Current RTO: Go to the Regional Transport Office where your vehicle is registered.

2. Collect & Fill Form 28: This is the official application form for NOC. You’ll need to fill it in triplicate.

3. Submit Required Documents:

   1. Original RC (Registration Certificate)

   2. Valid insurance certificate

   3. Pollution Under Control (PUC) certificate

   4. Road tax payment proof

   5. Owner’s ID & address proof

   6. Pencil print of chassis & engine numbers

   7. Bank NOC (if vehicle was under loan)

4. Pay the Applicable Fee: The NOC fee varies between ₹100 to ₹500, depending on the vehicle and state.

5. Police Clearance: For theft clearance, the RTO may seek a verification report from the local police station.

6. Receive NOC: After verification, your RTO will issue the NOC within 7 to 30 working days.

Pro Tip: Keep photocopies of all submitted documents for your own records.

2. Online Process (Parivahan Portal)

If your RTO supports online services, you can apply for NOC conveniently from home using the Ministry of Road Transport’s Parivahan portal.

Step-by-Step Process:

1. Visit vahan.parivahan.gov.in.

2. Go to the “Services” tab and select “Application for No Objection Certificate”.

3. Enter your vehicle registration details and verify them using the chassis number.

4. Upload scanned copies of required documents.

5. Pay the NOC fee online through the portal.

6. Print the Acknowledgment Receipt generated after submission.

7. Submit the hard copies of the acknowledgment and original documents to your RTO for verification.

8. Once approved, collect the NOC from your RTO.

Note: While the online application reduces queue time, you may still need to visit the RTO for document submission and final NOC collection.

Also Read: Traffic Challan Disposal Guide Legal Advice

Offline vs Online: Which Is Better?

Also Read: E-Challan Gurgaon: How to Check Gurugram Traffic e-Challan Status Online

After You Have the NOC: Next Steps

Once you’ve secured your No Objection Certificate (NOC) from your current RTO, you’re halfway through the process of transferring your vehicle to another state. The next steps involve transporting your vehicle, completing re-registration, and ensuring it’s legally road-ready in the new state.

1. Transport the Vehicle

You have two options:

1. Drive It Yourself: Make sure your NOC and original documents (RC, insurance, PUC) are in the vehicle in case you’re stopped at a checkpoint.

2. Use a Vehicle Transport Service: Ideal for long distances or if your vehicle is older and subject to restrictions like Delhi’s 10-year/15-year ban.

Tip: If your vehicle falls under the ban and cannot be fueled in Delhi, arrange a car carrier service to move it safely to the destination state.

2. Re-Register Your Vehicle in the New State

Once your vehicle reaches the new state, visit the local RTO and apply for re-registration.

Documents Required:

1. Original NOC & Form 28

2. Original RC (Registration Certificate)

3. Valid insurance & PUC certificate

4. Chassis & engine pencil print

5. Proof of address in the new state (Aadhaar, utility bill, etc.)

6. Forms 29 & 30 (for ownership transfer and registration request)

The new RTO will assign a new registration number for your vehicle and issue a fresh RC book/card.

3. Pay Road Tax in the New State

Every state charges its own road tax, usually calculated based on:

1. Vehicle type (two-wheeler, car, commercial)

2. Age of the vehicle

3. Invoice value of the vehicle

This tax is mandatory for getting your vehicle registered in the new state.

Good News: After paying the new state road tax, you can apply for a road tax refund from your previous state.

4. Get a High Security Registration Plate (HSRP)

In most states, vehicles are now required to use HSRP plates for added security. You’ll receive these along with your new registration number.

Important Note for Delhi Vehicles:

If your diesel/petrol vehicle is older than the 10-year/15-year limit, apply for NOC before it’s flagged at Delhi fuel stations. Once re-registered in another state, the Delhi ban no longer applies, and you can use your vehicle legally there.

Understanding the 10-Year & 15-Year Vehicle Ban in Delhi NCR

What the Ban Means

1. Diesel vehicles older than 10 years and petrol vehicles older than 15 years are banned in Delhi NCR.

2. The rule is based on NGT (National Green Tribunal) and Supreme Court directives to curb air pollution.

2025 Update:

From July 1, 2025, Delhi banned fueling such vehicles at petrol pumps to enforce compliance.

Penalties:

1. ₹10,000 fine for cars.

2. ₹5,000 for two-wheelers.

3. Vehicle may be seized and sent for scrapping.

Data Source: Delhi Transport Department Circular

Also Read: Spotting E-Challan Scams: How to Identify and Avoid Fake Traffic Fines

How the Ban Affects Vehicle Transfers

Delhi’s 10-year diesel and 15-year petrol vehicle ban is creating confusion among vehicle owners, especially those planning to move their vehicles to another state. Here’s what you need to know:

1. The Ban Is Location-Specific

The ban applies only within Delhi NCR. Vehicles that cross this age limit cannot refuel at Delhi petrol pumps, and violators face fines of:

1. ₹10,000 for diesel cars over 10 years.

2. ₹5,000 for petrol vehicles over 15 years.

3. Risk of vehicle impoundment.

However, once you obtain an NOC and re-register your vehicle in another state, these Delhi restrictions no longer apply.

2. You Can Transfer and Use Your Vehicle in Other States

Neighboring states like Haryana, Uttar Pradesh, and Rajasthan do not have the same strict bans for old vehicles. Once you re-register your car or bike there:

1. You can continue to drive it legally.

2. There are no fueling restrictions.

This was confirmed in the videos, which emphasized that the Delhi ban does not automatically extend to other states.

3. Act Before Your Vehicle Is Flagged

Delhi has deployed ANPR cameras at fuel stations to enforce the ban. If your vehicle is flagged in their system:

1. Refueling will be blocked.

2. You won’t be able to drive it out of Delhi without arranging special towing.

Tip: Apply for your NOC before July 2025 to ensure smooth interstate transfer without getting stuck in this system.

4. CNG Vehicles Are Exempt

If your vehicle runs on CNG, the current fuel ban doesn’t apply. You can continue using it in Delhi and transfer it to another state without any restrictions.

Also Read: How to Register for National Lok Adalat 2025: Token Process, Schedule, and Checking Traffic Challan Status

Commonly Asked Questions

Also Read: How to Apply for a Driving Licence Online In India, 2024 (Updated)

Final Thoughts

Transferring your vehicle to another state may sound complicated, but with the right planning, it can be a smooth and stress-free process.

Applying for a No Objection Certificate (NOC) is the first and most critical step. It ensures your vehicle is legally cleared of any dues, challans, or restrictions from your current state. Once you have the NOC, completing the re-registration in the new state allows you to drive confidently without worrying about penalties or legal hurdles.

If you’re in Delhi NCR, the urgency is even higher. The 10-year diesel and 15-year petrol vehicle ban means you should secure your NOC before your vehicle gets flagged at fuel stations. Once the NOC and re-registration are done, you can continue using your vehicle in neighboring states like Haryana, Uttar Pradesh, or Rajasthan, where such bans currently don’t apply.

At LegalKart, we simplify this entire journey for you—from helping you apply for the NOC, clearing road tax dues, settle your pending challans, to guiding you on re-registration in your destination state.

Also Read: Now get your Unpaid Salary

What Was the Case About?

The Public Interest Litigation (PIL) was filed by Ajit Deshpande, a law student, and a group of young advocates. They demanded that the Bar Council of Maharashtra and Goa (BCMG) should pay a monthly stipend of ₹5,000 to lawyers who:

1. Have less than three years of practice

2. Earn less than ₹1 lakh annually

Why Did They File the Petition?

The petitioners argued:

1. Many fresh law graduates face severe financial hardship, particularly after COVID-19 disrupted court proceedings.

2. Junior lawyers often work unpaid or underpaid for senior advocates during their initial years.

3. Without financial support, talented young lawyers are forced to leave the profession for better-paying careers.

They also pointed out that other states like Kerala, Tamil Nadu, Andhra Pradesh, and Jharkhand already have stipend schemes for junior lawyers.

Also Read: Supreme Court Mandates Three Years of Legal Practice for Judicial Service Eligibility: A Complete Guide

What Did the Bombay High Court Say?

The PIL was heard on June 25, 2025, by Chief Justice Alok Aradhe and Justice Sandeep Marne.

The judges agreed that:

1. The idea of providing a stipend to junior lawyers is morally right.

2. In a city like Mumbai, where living costs are high, a young advocate may even need ₹45,000/month to survive.

But they also asked critical questions:

“Is there a legal or statutory right that allows junior lawyers to demand a stipend?”

“Can the Court direct the Bar Council to pay stipends without proper legal backing?”

The Court’s Stand:

1. Good intentions aren’t enough. Courts can only issue orders if there is a clear statutory provision backing the demand.
2. Recommendations by the Bar Council of India (BCI) do not amount to binding law.

BCI Guidelines vs Legal Enforceability

The petitioners pointed to BCI guidelines recommending:

1. ₹20,000/month for junior lawyers in urban areas

2. ₹15,000/month for those in rural areas

These guidelines were issued after a Delhi High Court directive in July 2024.

However, the Bombay HC clarified:

1. BCI recommendations are advisory, not mandatory.

2. Unless there’s a law passed by Parliament or a state legislature, courts cannot enforce stipend payments.

Also Read: How to Become a Lawyer in India: A Comprehensive Guide

Bar Council of Maharashtra and Goa: No Funds

The Bar Council of Maharashtra and Goa (BCMG), represented by Advocate Uday Warunjikar, informed the Court:

1. The BCMG does not have sufficient funds to implement a stipend scheme.

2. The Maharashtra government has refused to provide financial support for the initiative.

3. A stipend scheme for all junior lawyers in Maharashtra would cost ₹155 crore per year.

4. Enrollment fees for new lawyers have been reduced from ₹15,000 to ₹600, resulting in significant revenue loss.

This highlighted the financial constraints faced by Bar Councils.

Also Read: The Rise of Online Lawyer Consultation: A Comprehensive Guide

Court’s Final Direction

The Bombay HC has adjourned the matter for two weeks, asking the petitioners to:
Present legal reasoning showing whether junior lawyers have a statutory right to demand stipends.
Demonstrate if the Bar Council is legally obliged to pay stipends.

Without clear legal backing, the Court cannot issue a mandamus (a directive forcing an authority to act).

Where Does the Law Stand on Junior Lawyer Stipends?

Under the Advocates Act, 1961:

So far, there is no legal provision compelling Bar Councils or governments to pay stipends to junior lawyers.

Lawyer’s Stipend: Comparison with Other States

Several Indian states already provide financial aid to junior advocates:

This shows that state government involvement is often crucial for running stipend schemes.

How Junior Lawyers Can Support Themselves Without Stipends

While the fight for stipends continues, here are practical tips for junior lawyers to sustain themselves:

1. Freelance Legal Work: Offer services like contract drafting, legal research, or opinion writing online.

2. Enroll on Legal Platforms: Websites like LegalKart and others connect clients with lawyers for consultations.

3. Legal Blogging & Content Writing: Share your knowledge and earn as a freelance legal writer.

4. Intern with NGOs or Legal Aid Clinics: Gain experience and modest stipends in some cases.

5. Teach Law Students: Offer tuitions for CLAT, judiciary exams, or law entrance coaching.

These strategies won’t replace a stipend but can provide some financial breathing room.

Why This Case Matters

This case raises critical questions for India’s legal ecosystem:

1. Should the legal profession support newcomers financially?

2. Can courts step in when there’s no clear law backing a demand?

3. How should Bar Councils and governments collaborate to ensure young lawyers aren’t priced out of the profession?

This isn’t just about ₹5,000 a month. It’s about making the legal profession inclusive and retaining talent.

The Way Forward

The Bombay HC has shown moral support for stipends but emphasized that laws, not emotions, govern decisions.

What Needs to Happen:

1. State governments should launch stipend schemes for junior advocates.

2. Parliament or state legislatures should pass laws mandating financial support for junior lawyers.

3. Bar Councils need increased funding through enrollment fees or government grants.

4. The legal fraternity must lobby for reforms to create a more inclusive profession.

Until then, the reality remains challenging for India’s junior lawyers.

Final Thoughts

The Bombay High Court’s observation is a wake-up call for the legal fraternity and policymakers. While stipends for junior lawyers are a noble idea, they need legal and financial backing to become a reality.

This issue is about more than money—it’s about ensuring that bright, hardworking young lawyers are not driven out of the profession due to financial stress.

The path ahead requires legislative will, government support, and collective action from the legal community.

Until then, young advocates will have to balance their passion for law with practical strategies for survival.

Also Read: How Pune’s “Burger King” Upended a 13‑Year Trademark Fight with the Global Giant

What Is Section 34 of the Trade Marks Act?

Section 34 is a “shield” provision in India’s trademark law.

In simple words: Even if a company has registered a trademark, it cannot stop someone else from using the same (or similar) name if the other party had been using it earlier in their own business area.

This legal principle is known as “Prior User Rights.”

Key elements of Section 34:

This section ensures that small businesses are not unfairly bulldozed by big corporations that enter the market later.

Also Read: Assignment of Trademarks

The Background of the Pune Burger King Case

In 1992, a small restaurant named Burger King opened in Pune’s Camp area, run by Anahita and Shapoor Irani. They had no global ambitions—just a passion for serving good food to their local customers.

Fast forward to 2011:

1. Burger King Corporation (USA) filed a lawsuit against the Pune outlet.

2. The American brand claimed that the Pune restaurant was infringing on its globally recognized trademark.

The global giant demanded:

1. An injunction to stop the Pune restaurant from using the name Burger King.

2. ₹20 lakh as damages for “loss to reputation.”

3. Recognition of their brand’s global goodwill in India.

But here’s the twist: Burger King Corporation officially entered India in 2014, 22 years after the Pune restaurant began operating under the same name.

This timeline set the stage for a historic legal clash.

Also Read: Copyright Law In India

How Section 34 Saved the Pune Burger King

When faced with the lawsuit, the local owners didn’t panic. Instead, they presented a solid defense:

They had been using the name Burger King since 1992—long before the global giant came to India.

This is where Section 34 played a decisive role.

1. The law protected them as “prior users.”

2. The court ruled that Burger King Corporation could not stop the Pune outlet from using the name in their locality because they had continuous, provable use of the name.

In the eyes of Indian law, history and evidence outweighed global popularity.

Also Read: The Trademark Registration Process In India A Comprehensive Guide

Key Provisions of Section 34, Trade Marks Act, 1999

To understand why Section 34 was the hero, let’s break it down further:

Registered Trademarks Don’t Always Trump Prior Use

• Just because a company registers a trademark doesn’t mean they own absolute rights.

Protection of Honest Prior Use

• If a local business started using a name/logo earlier and in good faith, they have a strong defense under Indian law.

Geographical Limitations Apply

• Protection applies in the specific region or business area where the prior user can prove usage.

Evidence is Critical

• Bills, advertisements, photos, and records of continuous use strengthen the claim.

Why the Global Burger King Lost the Case

Many people assumed the American giant would win easily. After all, they have thousands of outlets worldwide and massive brand recognition. But here’s why they lost:

1. The Pune restaurant had prior use rights under Section 34.

2. There was no proof of customer confusion between the two brands.

3. The American company couldn’t prove that the Pune outlet was “free riding” on their goodwill.

4. The court noted that goodwill and reputation are territorial. Since the global Burger King was not in India until 2014, they couldn’t claim prior reputation here.

How Courts View Prior Use in Trademark Disputes

In trademark battles like this, Indian courts take a pragmatic approach:

1. Evidence over assumptions
2. History over size
3. Fairness over brand power

This means even a small local business with a long history of using a name can defeat a multinational corporation in court.

In the Pune case, the court emphasized:

“Legal rights are earned through evidence, not popularity.”

Key Takeaways from the Burger King Pune Trademark Battle

This landmark case offers valuable lessons for:

1. Small Business Owners

1. Start using your brand early and consistently.

2. Keep all records safe—bills, menus, advertisements, photos.

2. Entrepreneurs

• Register your trademark, but know that registration isn’t everything. Prior use can override registration.

3. Law Students and IP Professionals

1. Understand the power of Section 34 as a defense.

2. Learn how Indian courts balance global goodwill vs. local rights.

4. Large Corporations

1. Conduct thorough due diligence before entering new markets.

2. Respect the territorial nature of trademark rights.

What Small Businesses Can Learn from This Case

Here are 4 big lessons for small entrepreneurs:

Prior Use is Your Superpower

If you started first, don’t back down. Indian law protects you.

Trademark Registration is Not Absolute

Even without registration, you can defend your brand if you prove long and honest use.

Don’t Be Intimidated by Big Names

This case proves that size doesn’t matter—facts and evidence do.

Keep All Evidence Safe

From day one, maintain records of your brand’s use. This could save you in court.

Final Thoughts: The Power of Prior Use in Indian Trademark Law

The Pune Burger King case is a wake-up call for both small businesses and corporate giants.

For small businesses, it proves that the law can protect you—even against multinationals. For big brands, it shows the importance of respecting local players and understanding Indian IP laws.

Key Message:

In India, evidence of prior use trumps global fame. Section 34 of the Trade Marks Act, 1999, is a powerful safeguard for local businesses who have earned their identity over time.

The court’s message was clear:

“Legal rights are not about who’s bigger—they’re about who came first and can prove it.”

If you’re a business owner, don’t just focus on registration—focus on building and protecting your brand from day one.