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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

... in 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 compounding ... necessary 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 ... a letter to the director general of police to give necessary instructions to his subordinates not to collect either the compounding fee or seize the vehicle for any violation that falls under section 192(a) of the motor vehicles act and sought for time. by that time the court is reopened. the then transport commissioner was transferred to some other department and it is ... 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 the ...

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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

... thousand rupees but shall not be less than five thousand rupees or with both.'17. the provisions under sections 53, 192 and 192-a of the motor vehicles act, 1988 provide sufficient teeth to the authorities to impose penalty and punishment if a vehicle is found to be used without registration and without permit or violation of permit conditions. in the instant ... 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 to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine ... 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 ... 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 and 192a providing for cancellation, suspension of registration and also for prosecution. thus, according to him any action taken by the government in ...

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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

... 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 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 ... to attend a marriage function, his car was stopped by the flying squad of the state transport authority and he was served with a 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 ... extend to rs. 2,000/- and section 39 of the act provides that no person shall drive a motor vehicle and no owner of a motor vehicle shall cause or permit a vehicle to ... 3) of rule 52 is ultra vires the provisions contained in section 41 of the act.4. mr. s. nayak, the learned standing counsel (transport) on the other hand contends that under section 192 of the act whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39, is punishable for the first offence with fine which may ...

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Feb 01 2013

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

  • Decided on : 01-Feb-2013

Court : Supreme Court of India

... 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 (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 451 of the code of ... . vide order dated 24.08.2012, the judicial magistrate rejected the said application on the ground that as per the provisions of section 6b(3) of the gujarat animal preservation (amendment) act, 2011 (hereinafter referred to as the amendment act), the vehicle shall not be released before the expiry of six months from the date of its seizure.c) aggrieved by the said order ...

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Jul 28 2005

Akshaykumar S/o Uttamlal Jaiswal Vs. State of Maharashtra and Anr.

  • Decided on : 28-Jul-2005

Court : Mumbai

Reported in : 2005(4)ALLMR888; 2006(2)BomCR278; 2005(4)MhLj571

... owners of the luxury buses and hold permits of contract carriage. the petitioners seek relief in the nature of directions to restrain the respondents from detaining the vehicles under the garb of taking action under sections 66 and 192 of the motor vehicles act, 1988 (for short, the 'said act') and also to restrain the respondents from seizing the documents of registration and other papers relating to the ... vehicles otherwise than permissible under the provisions of the said act. it is the grievance of the petitioners that the police authorities are unnecessarily harassing them and similarly placed bus ... in fact detained by the respondents.13. as regards the contention relating to the seizure of the documents, section 213(5) of the said act deals with the power of the officer of motor vehicle department or such other officer empowered by the state in that behalf, to have various powers including the power to seize or take copies of any registers or documents ...

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Dec 06 2000

M/s Durga Bus Service Vs. State of M.P.

  • Decided on : 06-Dec-2000

Court : Madhya Pradesh

Reported in : 2001(2)MPHT227; 2001(2)MPLJ165

... motor vehicles act, and, therefore one has to look into the provisions providing for seizure and release of a motor vehicle seized as per provisions of the motor vehicles act. section 207(1) of the motor vehicles act gives an authority to police officer or ... 'indore pandurna' which shows that bus was being run between indore pandurna route, of which the driver had no valid permit. thus bus was seized for violation of section 66 of the motor vehicles act which is punishable under section 192a of the motor vehicles act. thereupon an application was made to the chief judicial magistrate, betul who, by order dated 18-4-2000, rejected the application under ... the order passed by the chief judicial magistrate was dismissed by the impugned order.4. section 66 of the motor vehicles act prohibits plying of a motor vehicle without permit where the permit is required for carrying passengers orgoods. consequently, the legislature has provided punishment under section 192a of the motor vehicles act for violation of section 66. it is obvious that the offence is covered by the provisions of the ...

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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

... of time and it is a finding of fact which need not be interfered within the writ petition. it is 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 records which are sine qua non. consequently, violation of rule 192 ... memo dated 22-4-1991 directed the petitioner to produce the records of the vehicle to issue the permit under rule 192 of the andhra pradesh motor vehicle rules, 1989 (hereinafter called as 'the rules'). it will be expedient to notice at this stage rule 192 in verbatim which runs thus:'192. issue of permits - production of records :--(1) no permit shall be issued until the ... could not have set aside the finding of the secretary, rta; that there is no satisfactory explanation for not producing the records for issuance of permit as envisaged by rule 192 of the rules; no application for extension of time was made within the stipulated period of four months; there is no records produced before the court showing the sufficient cause ...

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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

... 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 ... of a report about the seizure of the 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. it is in this context that the ...

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Aug 16 1995

N. Ramu and Ors. Vs. Transport Commissioner, Government of A.P. and Or ...

  • Decided on : 16-Aug-1995

Court : Andhra Pradesh

Reported in : 1995(2)ALT860

... high court government pleader were heard in the matter.2. the petitioners have sought for a direction to the respondents-motor vehicle authorities not to launch prosecution against the petitioners and /or their crew under section 192-a of the motor vehicles act, 1988 (for short 'the act') in pursuance of the directions contained in the d.o. letter of the transport commissioner dated 3-8-1995 ... , referred to above. they have also sought consequential direction to the motor vehicle inspectors concerned not to launch prosecution against the petitioners and/or ... court in w.p. no. 10601 /95 and the batch reads thus:'interim direction to the respondents not to collect compounding fee in respect of violation of section 192-a of the motor 'vehicles act subject to the 35 condition of the petitioners furnishing bank, guarantee for a sum of rs. 3,000-00 (rupees three thousand only) each to the satisfaction ... orders on the writ petition. the interim order passed in w.p. no. 10601/95 and the batch directs the respondent-motor vehicle authorities not to collect compounding fee in respect of violation of section 192-a of the motor vehicles act (emphasis is supplied by the court) subject to the condition of the owners furnishing bank guarantee for a sum of rs. 3 ...

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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)

... any power to the insurance company to press this section into service, while dismissing the claim of the claimant/ complainant. thirdly, it is mere negligence and ... thousand rupees or, with both. 13. it is difficult to fathom as to why 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 ... assurance co.ltd. and ors.), wherein it was held: .. at the time of accident on 02.02.2006, the 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 ...

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