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Dec 08 2003 (HC)

New India Assurance Co. Ltd. Vs. Gangarasaiah and anr.

Court : Karnataka

Reported in : 2004ACJ1846; ILR2004KAR413

..... ram mohan reddy, j 1. this appeal under section 173(1) of the motor vehicles act, 1988 (for short the 'act'), is filed by the insurer of the motor vehicle involved in the accident, calling in question the judgment and award dated 30.5.2003 passed in mvc no. 259 ..... the apex court in the case of scandia insurance company limited v. kokilaben chandravadan and ors., : [1987]2scr752 observed as follows:'section 96(2)(b)(ii) of the motor vehicles act, 1939, extends immunity to the insurance company only if a breach is committed of the condition excluding driving by a named person or ..... finding in fastening the liability on the insurance company to pay the compensation though ex.r1, the driving licence authorised the driver to drive the light motor vehicle (non-transport) and therefore, there was breach of terms of policy. secondly, he contends that due to the said breach, the liability, if ..... mact, on the basis of oral and documentary evidence placed on record, rendered a finding of rash and negligent driving by the driver of the motor vehicle causing the accident and resulting in injuries to the claimant. the insurer in this appeal has not questioned this finding of actionable negligence and therefore, ..... with regard to the breach of terms of conditions of policy, it is noticed that rw-1 did not place any material covered by section 19, 20, 132, 134 and 185 of ser in order to substantiate disqualification to hold the licence. the specific contention of disqualification taken by the appellant, .....

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Dec 03 1997 (HC)

D.S. Ramachandra Reddy Vs. Union of India and Others

Court : Karnataka

Reported in : ILR1998KAR2696; 1997(4)KarLJ566

..... the traffic court on 30-7-1994. the appellant while challenging the said notice, sought a writ in the nature of mandamus striking down section 130 of the motor vehicles act, 1988 (hereinafter referred to as 'the act') insofar as it relates to the production of the driving licence, immediately on demand made by the police officer in uniform, as unconstitutional. consequently ..... , he sought for quashing of notice in annexure-a dated 23-7-1994. 4. the counsel for the appellant contended that the power given to the police or other authorities under section ..... by the appellant and dismissed the writ petition. 7. in view of the above contentions, the important questions that arise for our consideration are: (i)whether section 130 of the motor vehicles act of 1988 is unconstitutional? (ii)whether notice issued in form no. 298(vii) is liable to be quashed? 8. to appreciate the above contentions, it is apposite ..... period in the manner prescribed by the central government, it shall be a sufficient compliance. section 132 obligates that the driver of a motor vehicle shall cause the vehicle to stop and remain stationary for reasonable time, when required by the police officer, where the vehicle is suspected to have involved in the occurrence of an accident to a person, animal or .....

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Apr 17 2006 (HC)

B.N. Reddy Vs. Asstt. Cit and anr.

Court : Karnataka

Reported in : (2006)202CTR(Kar)578; [2006]284ITR745(KAR); [2006]284ITR745(Karn); [2006]155TAXMAN295(Kar)

..... for assessment in search cases is prescribed in chapter xiv-b of the act. section 158bh of the act makes it further clear that all the provisions of income tax act shall apply to assessment made under chapter xiv-b. thus, the provisions of section 132 including explanation 2 and section 142(2a) of the act shall apply to the procedure for assessment made in search cases. chapter ..... said to be pending before the assessing officer at the time of passing an order under section 142(2a) of the act or not ?9. it is relevant to refer at this stage to the explanation 2 of section 132 of the act which reads thus :'explanation 2 : in this section, the word 'proceeding' means any proceeding in respect of any year, whether under the indian ..... income tax act, 1922 (11 of 1922) or this act, which may be pending on the date on which a search is authorised under ..... xiv-b not only contemplates passing of block assessment order in the case of search but also prescribes the procedure for passing assessment order such as issuing notice and adopting the provisions of section 142(2a) of the act. thus .....

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Oct 04 1993 (HC)

State of Karnataka Vs. Mohammed Illyas

Court : Karnataka

Reported in : ILR1993KAR2812; 1994(3)KarLJ628

..... the authorities functioning under the motor vehicles act, 1939 and motor vehicles act, 1988 in so far as they seek to compound the offences under section 127-b of the motor vehicles act of 1939 analogous to section 200 of the 1988 act, they further project a question as to under what circumstances the concerned motor vehicles plying under tourist vehicle permits issued under the aforesaid acts can be seized and detained ..... in another state are not liable to be seized and detained under the provisions of section 129-a of the motor vehicles, act, 1939 or under section 207 of the motor vehicles act, 1988, on the sole ground that the said tourist vehicles are operated as non-stop motor vehicles plying between any two points and carry individual passengers whose names are listed as per ..... that any officer of the motor vehicles department of and above the rank of inspector of motor vehicles shall exercise the powers under the provisions of section 114, 130, 132, 133, 134, 136, 158, 200, 203, 204, 205, 206 and 207 of the act.(viii) the central government has framed rules named and styled as central motor vehicles rules, 1989. rule 85 ..... the court competent to take cognizance of the offence subject to the overriding provision of section 132 of the motor vehicles act which provides that no court inferior to that of a magistrate of the second class shall try any offence punishable under the motor vehicles act or any rule made thereunder'.the aforesaid observations of the supreme court on a pari .....

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