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Judgment Search Results Home  Phrase:motor vehicles act 1988 1988 section 192

Aug 12 1997

G.Bali Reddy and Ors. Vs. Regional Transport Officer and Anr.

  • Decided on : 12-Aug-1997

Court : Andhra Pradesh

Reported in : II(1998)ACC480; 1998(2)ALD92; 1998(2)ALT364

... instructions to his subordinates not to collect the compounding fee or seize the vehicle on the ground of non-payment of compounding fee for any violation of the provisions of Section 192(A) of the Motor Vehicles Act, 1988. It is needless to observe that if any violation of the provisions of Section 192(A) are notice by the police personally, they are at liberty to report ... trying to collect compounding fee even after the judgment of this Court in Writ Petition No.9936 of 1995 dated 23-11-1995 for the alleged violation of Section 192(A) of the Motor Vehicles Act, 1988, the present writ petition is filed.2. It is his further grievance that not only the transport officials but also the police officials are collecting the ... 1995 in exercise of its powers under Section 200 of the Motor Vehicles Act, specifying the compound fee for various offences under the Motor Vehicles Act and also empowered certain officers of Transport Department as well as the Police Department to compound the offence. In that G.O., offences under Section 192(A) of the Act i.e., plying of the vehicles without permission or contravention of the ... this Court in Writ Petition No.9936 of 1995 dated 23-11-1995 held that for the violation of Section 192(A) of the Motor Vehicles Act, the authorities are not empowered to compound the fee in exercise of their powers under Section 200 of the Motor Vehicles Act. Though the judgment has rendered nearly two years back, the officials of Transport Department as well as ...

Feb 05 2004

L. Royal Reddy and Ors. Vs. Government of Andhra Pradesh and Ors.

  • Decided on : 05-Feb-2004

Court : Andhra Pradesh

Reported in : AIR2004AP347; 2004(2)ALD225; 2004(2)ALT210

... Motor Vehicles Act, 1988 provides for issuance of permits under Section 87 or sub-section (8) of Section 88 of the Act. These permits are granted subject to the conditions attached to the permit. It is to be noticed if any condition of the permit is violated, the appropriate authority under the Motor Vehicles Act is competent to take action under Sections 53, 192 and 192-A of the Act. Section ... not exceeding four months. Section 192 of the Motor Vehicles Act, 1988 provides for punishment and penalty for using the vehicle without registration. It lays down that 'whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of Section 39 shall be punishable ... vehicle-- (i) in any case falling under Clause (a), until the defects are rectified to its satisfaction; and(ii) in any case falling under Clause (b), for a period not exceeding four months. Section 192 of the Motor Vehicles Act, 1988 provides for punishment and penalty for using the vehicle without registration. It lays down that 'whoever drives a motor vehicle or causes or allows a motor vehicle ... motor vehicle, which is used or kept for use. When vehicles are used and contravene permit conditions, to meet such a contingency, no provision is made under the said Taxation Act to levy and collect additional tax on the alleged ground of violation of permit condition. However, it is only under the Motor Vehicles Act, 1988 sufficient provisions are made under Sections 86, 153, 192 ...

Feb 02 1994

Satya Narayan Das Vs. Govt. of India and Ors.

  • Decided on : 02-Feb-1994

Court : Orissa

Reported in : II(1994)ACC133; AIR1995Ori253

... of the vehicle and directed the petitioner to appear before the Additional Commissioner, Transport (Enforcement), opposite party No. 3, on 28-6-93. The petitioner appeared before the opposite party No. 3 on 28-6-93 and was asked to pay a minimum fine of Rs. 1,000/- for the purpose of compounding the offence under Section 192 of the Motor Vehicles Act, 1988. The ... , J.1. In this writ application the petitioner has prayed for quashing the vehicle checking report dated 26-3-93 (Annexure 1) and for declaring Rule 52 of the Central Motor Vehicles Rules, 1989 (for short 'the Rules') as ultra vires the provisions of Motor Vehicles Act, 1988 (for short 'the Act'). The petitioner has also prayed for return of the documents seized by the ... Motor Vehicles Act, 1988. The petitioner, however, expressed his inability to pay the said amount of Rs. 1,000/- for compounding the offence and has filed the present writ application. One of the maximum amount that can be demanded by the authorities for the default on the part of the petitioner for not applying for renewal of the certificate for registration of his vehicle ... vehicle checking report (Annexure 1) for alleged offence under Section 192 of the Motor Vehicles Article 1988 and a sum of Rs. 2,000/-was demanded from the petitioner for compounding the said offence. When the petitioner expressed his inability to pay the said amount of Rs. 2,000/-, the flying squad seized the certificate of registration and certificate of Insurance of the vehicle ...

Oct 01 1999

United India Insurance Company Limited, Bangalore Vs. Chandamma and Ot ...

  • Decided on : 01-Oct-1999

Court : Karnataka

Reported in : II(2000)ACC574; II(2000)ACC631; 2001ACJ1351; ILR2000KAR1302; 2000(2)KarLJ462

... Motor Vehicles Act, 1988.....'.5. It is an undisputed position of law that by virtue of Section 149 of the Act, the insurer of a vehicle is bound to satisfy the judgment and award against the insured owner of the vehicle in respect of third parties, if its defence to the claim of third parties in respect of risk arising out of an accident involving the insured vehicle ... is not permissible under sub-section (2) of Section 149 of the Act. If the said vehicles were found to have been plying in breach of their permits condition, it is open for the concerned authorities under the Act to take appropriate action as is permissible under other provisions thereof viz., Sections 86, 177 and 192, as the case may be. Therefore ... caused by use ofthe vehicle if the vehicle is used by him as a stage carriage' in a public place in breach of the condition of its permit'?2. Admittedly, the offending vehicles involved in all these cases were the 'contract carriages' covered by valid permits issued by the prescribed authority under the Motor Vehicles Act, 1988 ('the Act' for short). They ... Motor Vehicles Act, 1988 ('the Act' for short). They were involved in the accidents occurred on various dates resulting in injuries to/deaths of several passengers travelling therein, which had given rise to the respective claims to compensation by the victims of accidents or the dependents of the deceased victims, before the respective Motor Accident Claims Tribunals. It is not in dispute that each of these vehicles ...

May 16 1996

Smt. Rampati Jaiswal and etc. etc. Vs. State of U.P. and others

  • Decided on : 16-May-1996

Court : Allahabad

Reported in : AIR1997All170

... the petitioner. Thus under the pretext of taking diesel the vehicle of the peti-tioner goes out of the route 15 kms. up and 15 kms. down. Petitioner is plying her vehicle daily 30 kms. off the route on which she had been granted permit under the provisions of the Motor Vehicles Act, 1988, hereinafter called the Act. The route of the petitioner originates from Allahabad and ... filling the diesel etc. the Motor Vehicle Act, 1939, hereinafter called the Ac! of 1939 was amended by the Parliament by Act No. 56 of 1969, which was enforced with effect from 2-3-1970 and by the said amendment the words 'whether or not such vehicle is actually carrying any passenger or goods' were inserted in Section 42 of the said Act of 1939. The ... of Section 86 of the Act and action can be taken against the permit holder under the provisions of Section 192 of the Act which provides that if any person drives a motor vehicle in contravention of the provisions of Section 39 or without the permit as required by Section 66(1) or in contravention of any conditions of such permit relating to the route on which the vehicle ... Petitioner is plying her vehicle daily 30 kms. off the route on which she had been granted permit under the provisions of the Motor Vehicles Act, 1988, hereinafter called the Act. The route of the petitioner originates from Allahabad and ends at Kunda and there is no scarcity of diesel, service stations for washing and cleaning or garage for repairing the vehicle either at Allahabad or ...

May 31 2006

Oriental Insurance Co. Ltd. Vs. Allahdin and Ors.

  • Decided on : 31-May-2006

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ698

... to any passenger of a public service vehicle. This, read with Clause (a) of Sub-section (2) of Section 147 of the Act clearly underscores the paramount and imperative legislative requirement that the liability has to be unlimited in every case and unlike the provisions of the Motor vehicles Act, 1939 the legislative prescription as well as legislative intent behind the Motor Vehicles Act, 1988 clearly is to ensure that ... of Assistant Divisional Manager of the appellant, the permits being Exts. 6 and 7, and the factum of prosecution having being lodged against the owner for offence under Section 66 and 192 of the Motor Vehicles Act and it was found on the authority of the judgment of Hon'ble Supreme Court in State of Maharashtra v. Nanded Parbkani Z.L.B. M.V. ... any person, includes liability in respect thereof under Section 140.The word 'any person' is used in this provision of law. It means that risk of any passenger who is traveling in the passenger vehicle, is covered.28. It is also profitable to reproduce Clause (a) and (b) of Sub-clause (1) of Section 147 of Motor Vehicles Act, 1988 herein.1. In order to comply ... Sub-clause (c) of Section 145 of Motor Vehicles Act 1988 herein.c. 'liability' , wherever used in relation to the death of or bodily injury to any person, includes liability in respect thereof under Section 140.The word 'any person' is used in this provision of law. It means that risk of any passenger who is traveling in the passenger vehicle, is covered.28. It ...

Oct 10 1999

Y. Babji Vs. T. Khadgadera Rao and others

  • Decided on : 10-Oct-1999

Court : Andhra Pradesh

Reported in : 2000(1)ALD29; 2000(1)ALT1

... further contended that Section 72 read with Sections 80 and 96 of the Motor Vehicles Act, 1988, as provided in Chapter V of the Motor Vehicles Act, 1988, provide for the procedure for grant of permit.4. There is no provision for issuance of the permit except provided by the Rules and that the issuance of permit will be on compliance with the condition of production of the vehicle and the ... the Motor Vehicles Act, 1988, as provided in Chapter V of the Motor Vehicles Act, 1988, provide for the procedure for grant of permit.4. There is no provision for issuance of the permit except provided by the Rules and that the issuance of permit will be on compliance with the condition of production of the vehicle and the records which are sine qua non. Consequently, violation of Rule 192 ... , in order to support his submissions.6. We have heard the learned Counsel for the parties at length and have gone through the record. A reading of Sections 72, 80 and 96 of the Motor Vehicles Act, 1988, leads to a categorical inference that grant of permit has been liberalised and anybodywho is entitled to the permit can apply for the same as long as ... the Motor Vehicles Act to grant permit to as manynumber of persons who apply to facilitate the public as observed in Mithilesh Garg v. Union of India (supra), it would be a mere ritual to set aside the impugned order under appeal and permit the petitioner to apply afresh for grant of permit and to issue the same in compliance with Rule 192 of ...

Feb 01 2013

Multani Hanifbhai Kalubhai. Vs. State of Gujarat And Anr.

  • Decided on : 01-Feb-2013

Court : Supreme Court of India

... under Sections 279 and 114 of the Indian Penal Code, 1860 (in short IPC), Sections 184, 177 and 192 of the Motor Vehicles Act, 1988 (in short M.V. Act), Sections 5, 6, 8 and 10 of the Gujarat Animal Preservation Act, 1954 (hereinafter referred to as the Principal Act) and Section 11 of the Prevention of Cruelty to Animals Act, 1960 ... Sections 184, 177 and 192 of the Motor Vehicles Act, 1988 (in short M.V. Act), Sections 5, 6, 8 and 10 of the Gujarat Animal Preservation Act, 1954 (hereinafter referred to as the Principal Act) and Section 11 of the Prevention of Cruelty to Animals Act, 1960.b) The appellant filed an application being Criminal Misc. Application No. 9 of 2012 under Section ... vehicle of the appellant, Eicher Truck, was seized by the police, which was found to be transporting 28 buffalo calves. The First Information Report (in short FIR) was registered against the appellant on 02.08.2012 for the offences punishable under Sections 279 and 114 of the Indian Penal Code, 1860 (in short IPC), Sections 184, 177 and 192 of the Motor Vehicles Act, 1988 ... Act which was called the Gujarat Animal Preservation (Amendment) Act, 2011. By virtue of this Amendment Act, a new Section 6A was brought in the Principal Act. We have already extracted Section 6A of the Amended Act.9) Sub-section (3) of Section 6A of the Amended Act stipulates that whenever any person transports in contravention of provisions of Sub-section (1), any animal as specified in Section 5(1A), such vehicle ...

Nov 30 2007

Sri. K. Srinivas S/o. Rama Swamy and Ors. etc. etc. Vs. The Government ...

  • Decided on : 30-Nov-2007

Court : Andhra Pradesh

Reported in : 2008(3)ALD241; 2008(4)ALT53

... Section 66 read with 192-A of the Motor Vehicles Act, and was plying a vehicle without a permit, could confiscate the vehicle seized. Section 16(6) prescribed an additional penalty of confiscation of a motor vehicle for violation of Section 66 and 192-A of the Motor Vehicles Act, 1988. It is in this context that the Supreme Court observed that, apart from what was available under Section 192-A of the Motor Vehicles Act, additional penalties were prescribed under Section ... Motor Vehicles Act, and was plying a vehicle without a permit, could confiscate the vehicle seized. Section 16(6) prescribed an additional penalty of confiscation of a motor vehicle for violation of Section 66 and 192-A of the Motor Vehicles Act, 1988. It is in this context that the Supreme Court observed that, apart from what was available under Section 192-A of the Motor Vehicles Act, additional penalties were prescribed under Section 16(6) of the State Act ... vehicle, was satisfied that the owner had committed an offence under Section 66 read with 192-A of the Motor Vehicles Act, and was plying a vehicle without a permit, could confiscate the vehicle seized. Section 16(6) prescribed an additional penalty of confiscation of a motor vehicle for violation of Section 66 and 192-A of the Motor Vehicles Act, 1988 ...

Aug 07 2013

M/s. Aroma Paints Ltd. Through, Mr. Rajiv Seth, Director and Another V ...

  • Decided on : 07-Aug-2013

Court : National Consumer Disputes Redressal Commission (NCDRC)

... Section 192 can be made applicable under the circumstances. The insurance company does not enjoin the powers of traffic police. They cannot dismiss the claim under the guise of Section 192 of Motor Vehicles Act, 1988. Section 192 of the said Act, pertains to the powers of the traffic police and the court. It does not give any power to the insurance company to press this Section ... vehicle was being driven without registration, which is prohibited under Section 39 of the Motor Vehicles Act, 1988 and is also an offence under Section 192 of the said Act. The State Commission, have rightly quoted the judgments given by the National Consumer Disputes Redressal Commission in Kaushalendra Kumar Mishra Vs. Oriental Insurance Co.Ltd., as report in II (2012) CPJ 189 (NC), saying that the damaged vehicle ... Section 39 of the Motor Vehicles act, 1988, reads : No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place, unless the vehicle is registered, in accordance with this Chapter, and the Certificate of Registration of the vehicle has not been suspended or cancelled and the vehicle ...

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