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Judgment Search Results Home  Phrase:motor vehicles act 1988 section 129

Jun 30 2005

Uttaranchal Sikh Federation and Ors. Vs. State of Uttaranchal and Ors. ...

  • Decided on : 30-Jun-2005

Court : Uttaranchal

Reported in : I(2006)ACC306; AIR2006Utr67

... commencement of the Motor Vehicles Act, 1988, the said Rules shall be deemed to have been issued under the corresponding provision of the Motor Vehicles Act, 1988. Section 129 of the Motor Vehicles Act, 1988 is the provision corresponding to Section 85-A of the Motor Vehicles Act, 1939. Hence it is contended that Rule 3 of the Motor Vehicles (Protective Headgears) Rules 1980 shall be deemed to have exempted Sikh women from the application of Section 129 of the Motor Vehicles Act 1939. In ... Counsel is that since the Motor Vehicles (Protective Headgears) Rules, 1980 were issued under the repealed Motor Vehicles Act, 1939 and since the said Rules were in force immediately before the commencement of the Motor Vehicles Act, 1988, the said Rules shall be deemed to have been issued under the corresponding provision of the Motor Vehicles Act, 1988. Section 129 of the Motor Vehicles Act, 1988 is the provision corresponding to Section 85-A of the Motor Vehicles Act, 1939. Hence it is ... issued under the repealed Motor Vehicles Act, 1939 and since the said Rules were in force immediately before the commencement of the Motor Vehicles Act, 1988, the said Rules shall be deemed to have been issued under the corresponding provision of the Motor Vehicles Act, 1988. Section 129 of the Motor Vehicles Act, 1988 is the provision corresponding to Section 85-A of the Motor Vehicles Act, 1939. Hence it is contended that Rule 3 of the Motor Vehicles (Protective Headgears) Rules 1980 ...

Jan 22 2001

Girish Uskaikar Vs. Chief Secretary and Anr.

  • Decided on : 22-Jan-2001

Court : Mumbai

Reported in : 2001(4)BomCR122

... Section 129 of the Motor Vehicles Act, 1988, makes it compulsory for the driver as well as the pillion rider of two wheeler motor cycles, to wear protective headgear (helmet) with the only exception in respect of Sikhs, who, otherwise wear a turban. Section 129 of the Motor Vehicles Act reads thus :---'129. Wearing of protective hear gear.---Every person driving or riding (otherwise than in a side car, on a motor ... averred that the legislation in this regard is discriminatory, since the Motor Vehicles Act provides for exemption in respect of the Sikh community. The party in person therefore contended that the decision taken by the Government of Goa to implement section 129 of the Motor Vehicles Act, 1988 and Rule 273 of the Goa Motor Vehicles Rules, 1991, is bad in law since the same is ... of the parties.2.The petitioner in person in the instant petition, has challenged the decision taken by the Government of Goa to implement section 129 of the Motor Vehicles Act, 1988 and Rule 273 of the Goa Motor Vehicle Rules, 1991, in the larger interest of the society on the following grounds :---(i) that the decision taken by the Government of Goa ... , therefore, in our opinion, it will be appropriate to defer the implementation of this decision taken by the Government of Goa in view of section 129 of the Motor Vehicles Act, 1988 and Rule 273 of the Goa Motor Vehicles Rules, 1991, by two months from the date of publication of our decision in various modes suggested by us in media, by the ...

Jul 16 2003

Ravi Shekhar Bhardwaj and Ors. Vs. Director General of Police, State o ...

  • Decided on : 16-Jul-2003

Court : Mumbai

Reported in : I(2004)ACC320; 2003(4)ALLMR57; 2003(6)BomCR493; 2004(2)MhLj213

... Section 129 of the Motor Vehicles Act, 1988'.The Government also specified local area as the area to be excluded for the purpose of Rule 250. They are Pune and Dhule Districts. The said amendment was to be made effective from 1st December, 2001.30. It is thus clear that the Act enacted by Parliament made use of helmet for a two wheeled driver compulsory and obligatory. Section 129 ... petition is to issue a writ of mandamus or any other appropriate writ, directing the State of Maharashtra and its Officers to implement and enforce Section 128 and 129 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').2. Petitioner No. 1, as stated in the petition, is a law student. He was studying in the First Year of Master Degree ... by granting prayer made int he petition by directing respondents to implement provisions of Section 129 of the Motor Vehicles Act, 1988 in the State of Maharashtra by making use of protective head gear compulsory for every person driving or riding (otherwise than in a side car) on a motor cycle of any class or description. Rule is made absolute accordingly to the ... of the present Act of 1988. Before this Act came into force, there was Motor Vehicles Act, 1939. By Section 217 of the Act of 1988, Act of 1939 was repealed. In the Act of 1988, provisions have been made for control of traffic in Chapter VII. Two sections are relevant and material for considering the controversy raised in the present petitions. They are Sections 128 and 129. Both of them ...

Sep 29 1993

K. Veeresh Babu and etc. Vs. Union of India and others

  • Decided on : 29-Sep-1993

Court : Karnataka

Reported in : AIR1994Kant56; ILR1993KAR2939; 1993(4)KarLJ769

... certiorari declaring that the impugned Rule 230 of the Karnataka Motor Vehicles Rules based on Section 129 of the Motor Vehicles Act, 1988 and final pronouncement or paper notification by respondent No. 4 as null and void and ultra vires the Constitution or any other direction.W.P.17997/89(a) To strike down Section 129 of the Motor Vehicles Act, 1988 as unconstitutional and the notification given under Annexure-A be ... Section 129 of the Act and the Rule 230 of the Rules as ultra vires of the Constitution.(b) Issue a writ of mandamus or order or direction in the nature of writ not to enforce the provisions of Section 129 and Rule 230 against the petitioners or others who drive or ride the Motor Cycle.W.P. No. 27968/93.(a) declare Section 129 of Motor Vehicles Act, 1988 ... direction in the nature of writ not to enforce the provisions of Section 129 and Rule 230 against the petitioners or others who drive or ride the Motor Cycle.W.P. No. 27968/93.(a) declare Section 129 of Motor Vehicles Act, 1988 as ultra vires and consequently strike down Rule 230 of the Karnataka Motor Vehicles Rules, 1989.(b) direct the respondents 2 and 4 not to insist ... other direction.W.P.17997/89(a) To strike down Section 129 of the Motor Vehicles Act, 1988 as unconstitutional and the notification given under Annexure-A be quashed by a writ of certiorari and for such other writ or order or direction.W.P. 18344/89(a) Declare the provisions of Section 129 of the Act and the Rule 230 of the Rules, as ultra vires ...

Sep 27 2004

Chandigarh Administration and Ors. Vs. Namit Kumar and Ors.

  • Decided on : 27-Sep-2004

Court : Supreme Court of India

Reported in : III(2004)ACC873; 2006ACJ696; JT2004(8)SC599; (2005)139PLR196; 2004(8)SCALE283; (2004)8SCC446

... made to Section 85A of the Motor Vehicles Act, 1939 (in short the 'Old Act') and Section 129 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'New Act'). It appears that Clause 3 of the Motor Vehicles (Protective Headgears) Rules, 1980 exempts Sikh women from wearing helmets. Reliance is also placed on Rule 193 of the Punjab Motor Vehicles Rules, 1989 and Rule 193 of the Chandigarh Motor Vehicles Rules, ... the Motor Vehicles Rules relating to different States or areas or under any Statutory Rule the same shall operate notwithstanding the directions of the High Court that all persons including women shall wear helmets. 16. One other direction which has been assailed relates to the use of black films on the glasses. It is submitted that Central Motor Vehicles Rules, ... 13720/99, the direction is for fulfilling all conditions in terms of Section 66 of the New Act. It was submitted that certain institutions using the vehicle are exempt from permit in terms of sub-section (3)(h) of Section 66 of the New Act. But we find that sub-section (3) of Section 66 has been deleted w.e.f. 11.8.2000. Therefore ... either accepting the recommendations or modifying the same suitably, if necessary. 9. One of the major difficulties highlighted by the Chandigarh Administration relates to the utilization of vehicles of Chandigarh Transport Undertaking. It was pointed out that to make the undertaking commercially and financially viable, operation of inter-state routes is a necessity. It is ...

Oct 30 2002

Dr. C.S. Subba Rao and Anr. Vs. The Secretary to Government of Andhra ...

  • Decided on : 30-Oct-2002

Court : Andhra Pradesh

Reported in : I(2003)ACC521; II(2003)ACC292; AIR2003AP59; 2002(6)ALT458

... Section 129 of the Motor Vehicles Act, 1988 to be optional in respect of every person driving of or riding on a motor cycle including scooter and moped? 9. In order to consider the said question, it is necessary to notice Section 129 of the Act, which is a piece of central legislation: 129. Wearing of protective headgear: Every person driving or riding (otherwise than in a side car, on a motor ... driving or riding on motor cycles of any class or description in a public place. 15. G.O.Ms. No. 303, Transport, Roads & Buildings (Transport-II) Department, dated 23-12-1989 is stated to have been issued in purported exercise of the power conferred by the second proviso to Section 129 of the Motor Vehicles Act, 1988 (Act 59 of 88). The ... Constitution of India in purported public interest and accordingly pray for issuance of appropriate directions directing the respondents herein to implement the provisions of Sections 128 and 129 of the Motor Vehicles Act, 1988 (for short 'the Act') requiring compulsory wearing of protective headgear (helmet) by two wheeler drivers and pillion riders. 2. In the letter addressed to the Honourable the ... Section 129 of the Act which is mandatory in its nature. The executive cannot have its own policy contrary to the provisions of the Act. 18. The constitutional validity of Rule 498-A of the Andhra Pradesh Motor Vehicles Rules, 1964 and notification dated July 8, 1986 issued by the Commissioner of Police, Hyderabad in exercise of his powers under Section 21 ...

Jan 25 2000

The Kerala Auto Two Wheelers Association Vs. S.S. Sathjith and Ors.

  • Decided on : 25-Jan-2000

Court : Kerala

Reported in : I(2000)ACC478; AIR2000Ker118

... Sections 128 and 129 of the Motor Vehicles Act (59 of 1988) strictly throughout the State of Kerala and further direct the respondents to take appropriate action against the police officials in case they do not implement these provisions meticulously and efficiently.2. The writ petition has been filed by the petitioner for implementing Sections 128 and 129 of the Motor Vehicles Act, 1988. In the writ petition Sections 128 and 129 of the Act ... Sections 128 and 129 of the Motor Vehicles Act, 1988. In the writ petition Sections 128 and 129 of the Act have been extracted at page 2 of the original petition. Sections 128 and 129 as referred to in the writ petition are reproduced hereunder :'128. Safety measures for drivers and pillion riders : (1) No driver of two wheeled motor ... 129 of the Motor Vehicles Act, 1988. In the writ petition Sections 128 and 129 of the Act have been extracted at page 2 of the original petition. Sections 128 and 129 as referred to in the writ petition are reproduced hereunder :'128. Safety measures for drivers and pillion riders : (1) No driver of two wheeled motor cycle shall carry more than one person in addition to himself on the motor ...

Aug 11 1997

S.R. Bhat Vs. State of Karnataka and Others

  • Decided on : 11-Aug-1997

Court : Karnataka

Reported in : AIR1998Kant153; 1998(2)KarLJ92

... is an emphatic no.3. The parent statute namely the Motor Vehicles Act, 1988 prescribes by virtue of Section 129 for certain protection in relation to persons travelling on motorised two wheelers. The section reads as follows:--'Section 129. Wearing of protective headgear.- Every person driving or riding (otherwise than in a side car, on a motor cycle of any class or description) shall, while in ... referred to Section 129 of the Motor Vehicles Act, 1988 which is clear and unambiguous and any rule that is made in exercise of powers derived under that Act must as of necessity be for purposes of carrying out the objectives of the Act and cannot be ultra vires the parent Act or contain a provision that defeats the express requirements of the Act. Rule ... cover motor cyclists with vehicles of less than three horse power. This contention is totally and completely untenable.9. I have referred to Section 129 of the Motor Vehicles Act, 1988 which is clear and unambiguous and any rule that is made in exercise of powers derived under that Act must as of necessity be for purposes of carrying out the objectives of the Act ... vehicles of less than three horse power. This contention is totally and completely untenable.9. I have referred to Section 129 of the Motor Vehicles Act, 1988 which is clear and unambiguous and any rule that is made in exercise of powers derived under that Act must as of necessity be for purposes of carrying out the objectives of the Act and cannot be ultra vires the parent Act ...

Dec 05 2001

Anand Mohan Vs. Union of India (UOI) and Ors.

  • Decided on : 05-Dec-2001

Court : Allahabad

Reported in : II(2002)ACC260; 2002(1)AWC819

... Narain, J.1. The petitioner has, infer alia, sought a writ for declaring Section 129 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') as ultra vires. This section provides that every person driving or riding (otherwise than in a side car, on a motor cycle of any class or description) shall, while in a public place, wear a protective headgear of such description as ... afford to the person driving or riding on a motor cycle a degree of protection from injury in the event of an accident; and(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.' This provision corresponds to Section 85A of the Motor Vehicles Act, 1939, with some modifications.2. We have heard Sri ... driving the motor cycle. Secondly, It is urged that it will be difficult for him to see comfortably the side view either towards right or left because of the nature of the headgear.5. The State Government has framed Uttar Pradesh Motor Vehicles Rules. 1998 (hereinafter referred to as the 'Rules'). Rule 201 keeping in view the provision of Section 129 of the Act has ... Motor Vehicles Rules. 1998 (hereinafter referred to as the 'Rules'). Rule 201 keeping in view the provision of Section 129 of the Act has provided the specification of the protective headgear, which is to conform to the specification given in Sub-rule (2) of the Rules. Rule 201 reads as under :'201. Protective headgear-Wearing of.--(1) Every person while driving or riding a motor ...

Aug 07 2003

Narayanan Nair Vs. State of Kerala

  • Decided on : 07-Aug-2003

Court : Kerala

Reported in : I(2004)ACC205; AIR2004Ker29; 2003(3)KLT676

... Section 129 of the Motor Vehicles Act, 1988 that 'every person driving or riding.... on a motor cycle shall, while in a public place, wear protective headgear'? This question was answered in the affirmative by Koshy, J. in O.P. No. 17480 of 1998. The decision was challenged in W.A. No. 1980 of 1999 on the ground that by Act 54 of 1994, Section 129 ... Section 129. On the other hand, Mr. Roy Chacko submits that the respondents have not acted in violation of any law.5. The 1939 Act was replaced by the Motor Vehicles Act, 1988 to take care of the 'fast increasing number' of vehicles; 'adoption of higher technology'; the free 'flow of passenger and freight with the least impediments'; the 'concern for road safety standards' and other similar reasons. The Act ... respondents have not acted in violation of any law.5. The 1939 Act was replaced by the Motor Vehicles Act, 1988 to take care of the 'fast increasing number' of vehicles; 'adoption of higher technology'; the free 'flow of passenger and freight with the least impediments'; the 'concern for road safety standards' and other similar reasons. The Act of 1988 lays down ' ... vehicles; 'adoption of higher technology'; the free 'flow of passenger and freight with the least impediments'; the 'concern for road safety standards' and other similar reasons. The Act of 1988 lays down 'stricter procedures relating to the grant of driving licences and the period of validity thereof. It lays down 'standards for the components and parts of motor vehicles ...

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