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Judgment Search Results Home  Phrase:motor vehicles act 1988 section 179

Nov 09 2005

Parmajit Bhasin and Ors. Vs. Union of India (UOI) and Ors.

  • Decided on : 09-Nov-2005

Court : Supreme Court of India

Reported in : AIR2006SC440; 2006(1)AWC158(SC); 2005(6)BomCR722; [2006(1)JCR303(SC)]; JT2005(10)SC238; 2006(I)OLR(SC)100; RLW2006(2)SC1501; 2005(9)SCALE238; (2005)12SCC642; 2006(1)LC27(SC

..... , karnataka and uttar pradesh under the provisions of section 200 of the motor vehicles act, 1988 (in short the 'act'). stand of the petitioners is that by the notifications certain acts outside the ambit of section 200 of the act have been covered, though those were committed in clear violation of mandate of sections 113 and 114 read with section 194 of the act. the notifications have been issued which in effect ..... 184, section 186, section 189, sub-section (2) of section 190, section 191, section 191, section 194, section 196, or section 198, may either before or after the institution of the prosecution, be compounded by such officers or ..... section 114 or removes or cause to removal of the load or part of it prior to weighing shall be punishable with fine which may extend to three thousand rupees.200. composition of certain offences: (1) any offence whether committed before or after the commencement of this act punishable under section 177, section 178, section 179, section 180, section 181, section 182, subsection (1) or sub-section (2) of section 183, section .....

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Mar 26 2007

Court on its motion Vs. Union of India (UOI) and Ors.

  • Decided on : 26-Mar-2007

Court : Delhi

Reported in : II(2007)ACC1; 139(2007)DLT244; 2007(96)DRJ580

..... the offenders must be made to suffer this. another provision which can be of some useful reference is the provision of section 179 of the motor vehicles act which empowers the competent authorities to issue lawful directions for implementation of the provisions of the act. a person who willfully disobeys such lawful directions, has to pay a fine ofrs. 500/- obviously in addition to ..... competent authority, he shall be liable to pay costs ofrs. 500/- for each offence committed by him in addition to the composition fee payable in terms of section 200 of the motor vehicles act or any other enabling provision of law to that effect. wherever, the challan is tried by the court of competent jurisdiction, it shall consider the question of ..... and ensure that the same is brought to the notice of the legislature for its consideration and appropriate action. 49. under the provisions of motor vehicles act (section 206), the court taking cognizance of offences under that act have to dispose of the case as a summary disposal case. the offenders are normally interested in paying the compounding/composition fee to avoid ..... propagation of major crimes but still they are not able to prevent their user despite the fact that it also offends the provisions of the motor vehicles act, 1988 (hereinafter referred to as 'the act') and the central motor vehicles rules, 1989 (hereinafter referred to as 'the rules'). it is the obligation of the state to control and prevent commission of traffic offences primarily .....

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Mar 22 2002

Charanjeet Dudeja Vs. Government of NCT of Delhi and Ors.

  • Decided on : 22-Mar-2002

Court : Delhi

Reported in : 100(2002)DLT30

..... is charged from the defaulter drivers as and when they are found disobeying the lawful directions of a public servant under sections 132/179 of the motor vehicles act, 1988 and such of the vehicles where they do notwant to compound challans are issued and their licenses or registration are seized and they are given a ..... of offenders be punched, in addition to imposing compounding fee of rs. 500/- for disobedience of lawful directions of public servant under sections 132 and 179 of the m.v. act referred to in the previous paragraph. (4) the entry of mgvs shall remain totally barred. the lgvs should be permitted to ..... areas of the walled city with brisk business activities. a wide variety of transportation modes namely manually pulled or pushed carts, animal driven vehicles and manual transportation of goods through head loads or basket loads is currently prevailing which are strongly dependent on wholesale trade and are major ..... cranes which are operating in the area of kotwali traffic circle and are towing unauthorisedly parked vehicles by taking frequent rounds of the area. as a result of this constant drive, 6999 scooters/motor-cycles, 1692 cars and 142 lgvs have been towed from 1.1.2001 to 30.9 ..... .2001 and a sum of rs. 10,85,400/ - (rupees ten lacs eighty five thousand four hundred only) has been charged as towing charge. besides, 'no parking' stickers are also being pasted on the unauthorisedly parked vehicles .....

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Jul 24 1991

G. Venkata Ramakrishna Rao and another Vs. The Government of India, re ...

  • Decided on : 24-Jul-1991

Court : Andhra Pradesh

Reported in : AIR1992AP67; 1991(2)ALT625

..... department, central secretariat, new delhi and the government of andhra pradesh represented by its secretary, r&b; department, secretariat, hyderabad; to implement sub-section (3) of section 71 of the motor vehicles act, 1988 (act no. 59 of 1988), hereinafter referred to as the 'act of 1988', by limiting the number of stage carriages operating on the town service routes in bhimavaram town, west godavari district and further to direct ..... to grant him a permit. there is another angle to the problem. before the granting of a permit under rule 179 of the a.p. motor vehicles rules, 1989, which is applicable for the grant of permits u/ s. 80 of the act of 1988, certain guiding principles for grant of stage carriage permits have been provided. under this rule, provision ha been made for ..... a specified number of permits in so far as the medium and long routes are concerned. the point to be emphasised here is that by the guiding principles of rule 179 it is not as if that the existing operators are totally extinct from the realm of consideration by the authorities, but, indeed, they very much exist on a preferential basis ..... equal, preference for medium route is to be given to the existing operators holding one to four stage carriage permits. similarly under clause (c) of sub-rule (2) of rule 179 other things being equal, preference is to be given for long routes to the existing operators holding five or more stage carriage permits. it is, therefore, clear that as per .....

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Aug 11 1998

A.P.S.R.T.C. Vs. State Transport Appellate Tribunal and Others

  • Decided on : 11-Aug-1998

Court : Supreme Court of India

Reported in : II(1998)ACC173; AIR1998SC2621; JT1998(5)SC417; 1998(4)SCALE445; [1998]3SCR1106

..... notified in goms no. 695, transport, roads & buildings (p-iv), 20th september, 1988 a scheme published by the appellant in these cases relating to the route chilukuru to gutlapadu. section 104 of the motor vehicles act, 1988 (for short, the 'act') prohibits the grant of any permit except in accordance with the provisions of the scheme. the ..... which one of us (justice saghir ahmad) was a party. dealing with the corresponding old rule namely, rule 282(2)(ii) of the andhra pradesh motor vehicles rules, 1964, the bench observed: 'it would, thus, be clear that once a notified draft scheme has been approved and published the private operators operate ..... , j.1. leave granted.the common questions which arise for decision in these cases depend on the interpretation of rule 258 of the andhra pradesh motor vehicles rules, 1989 (for short, the 'rules') which is in the following terms:- 'rule 258:- fixation of stages for carriages : 1. in ..... made illusory by the permission for extension of town service granted by him. 19. learned counsel for the respondents has submitted that under section 72 of the act the regional transport authority can impose conditions while granting permit and it is only such a power which has been exercised by the tribunal. ..... what is a 'town service route'. on the other hand section 71(3)(a) refers to city routes in towns with a population of not less than five lakhs. we have also been taken through rules 171 to 174 and 179. there is no guidance in any of the said rules with .....

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May 27 2002

Babu Vs. Regional Transport Authority

  • Decided on : 27-May-2002

Court : Kerala

Reported in : 2003(2)KLT216

..... conversion prayed for was a variation of a condition of the permit not contemplated under section 80(3) of the motor vehicles act, but was one envisaged under rule 179 of the kerala motor vehicles rules, hereinafter referred to the rules. rule 179(2) reads:'upon receipt of an application made by the holder of the permit ..... to be recorded in writing disallow the same.'r. 179(2) specifically excludes applications for variations under section 80(3) of the act and the applications for conversion as lsos was not within the ambit of section 80(3) of the act. section 89 of the motor vehicles act deals with appeals. it was submitted by the learned ..... not maintainable.' even if the appeals filed by the respondents before the s.t.a.t. are to be treated as revision under section 90 of the motor vehicles act, the procedure contemplated by rule 11 of the state transport appellate tribunal rules was not at all complied with and as such the tribunal ..... from the authority or authorities who passed the impugned order for the purpose of proper adjudication of the appeal. the decision in appeal under section 89 of the motor vehicles act is final. therefore, it is the duty of the appellate tribunal to call for the records and remarks by issuing notice in form ..... records from the r.t.a. and without calling for a report as contemplated under rule 11 of the s.t.a.t. rules, 1988. it was further submitted that as per rule 11, the tribunal should have called for the records from the rta and the appeals should have .....

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Oct 20 1999

Divisional Manager, APSRTC, Rajahmundry Vs. Ch. Nagamani and others

  • Decided on : 20-Oct-1999

Court : Andhra Pradesh

Reported in : 2000(1)ALD37

..... made, in the contentions of the 1st respondent's counsel.10. on an analysis of the legal environment (sections 69 and 70 of the andhra pradesh motor vehicles act, 1988 (for short 'the act'), it is clear that applications for a stage carriage permit have to be made to the regional transport authority ..... and such applications shall contain particulars such as route or routes to which the application relates, type, seating capacity of such vehicle, the minimum ..... tribunal against specified categories of orders passed by the regional transport authority (rta).pursuant to the powers under sections 95 and 96 of the act, the state of andhra pradesh made the andhra pradesh motor vehicles rules, 19s9. rule 258 of the rules reads as under;'rule 258: fixation of stages for carriages ..... from its operation only stage carriage permits in respect of town services complying with the provisions of rule 258(2)(ii) of the andhra pradesh motor vehicles rules, 1989 (for short 'the rules'). (b) that mandapeta bridge is not a convenient point for starting of buses ascertified by the municipal ..... is a 'town-service route'. on the other hand, section 71(3)(a) refers to city routes in towns with a population of not less than five lakhs. we have also been taken through rules 171 to 174 and 179. there is no guidance in any of the said rules .....

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Mar 29 1990

M. Sivarama Krishna Reddy Vs. The Secretary, Regional Transport Author ...

  • Decided on : 29-Mar-1990

Court : Andhra Pradesh

Reported in : AIR1991AP183

..... longer in force, the right of the existing operator to make representationsbefore the regional transport authority with regard to granting of permits is not taken away by the motor vehicles act, 1988 (for short, new act). there is no specific provision excluding application of principles of natural justice in relation to an existing operator and, therefore, no inference can be drawn that ..... stage carriage permits on non-nationalised routes, all-india tourist permits and also national permits for goods carriages.12. chapter v deals with control of transport vehicles. it contains 30 sections 66 to 96. section 70 concerns with applications for stage carriage permits. it lays down the particulars an application for stage carriage permit should contain. the procedure for considering ..... a. that granting of stage carriage permit is likely to result in the controvention of the time-table relating to the speed at which the vehicles should be driven it shall not grant permission. sub-sec. (3) which is relevant reads :'(3)(a) the state government shall, if so directed by the central government having regard to the number ..... being in force; or (viii) ex-servicemen.'13. rule 179 of the a. p. motor vehicles rules, 1989 contains the guiding principles for grant of stage carriage permits. this is therelevant rule by which the state government . has prescribed the 'others matters' referred to in section 71 (3) (d) (iii). the rule reads :'179. guiding principles for grant of stage carriage permits: (1 .....

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Feb 18 2008

Rahdey Shyam Bansal Vs. B.S.E.S. Rajdhani Power Ltd. and Ors.

  • Decided on : 18-Feb-2008

Court : Delhi

Reported in : 148(2008)DLT462

..... under the motor vehicles act, 1988 ('mv actmv actmv act') to contend that once an accused applies for compounding then the complainant would have to proceed with the compounding of the offence subject of course to not imposing a condition higher than what is contained in the statute itself. 7. mr. mansoor ali, learned counsel on behalf of the brpl submits that the section 152 of the act permitted compounding ..... -section (4) also indicates that this is a one-time measure vis--vis the consumer. 10. the language of section 200 mv actmv actmv act on the other hand is different. that provision reads as under:200. composition of certain offences.(1) any offence whether committed before or after the commencement of this act punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (2) of section ..... 183, section 184, section 186, section 189 may either before or after the institution .....

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Jun 07 2006

The New India Assurance Company Limited Vs. G. Vijaya Kandiban and

  • Decided on : 07-Jun-2006

Court : Chennai

Reported in : IV(2006)ACC96

..... interest per annum from the date of petition till the date of deposit. since the appellant/ insurance company obtained permission to contest the claim petition on all grounds under section 170 of motor vehicles act 1988, the appellant has to canvass the finding relating to the quantum determined by the tribunal also. 2. before the tribunal, it is the case of the respondent/claimant that ..... clear by the change of language from what was in fatal accidents act 1855 and what is brought under section 110b of the 1939 act. this is also visible through the provision of section 168(1) under the motor vehicles act 1988 and section 92-a of 1939 act which fixes the liability on the owner of the vehicle even on no fault. it provides where the death or permanent disablement ..... clear by the change of language from what was in fatal accidents act, 1855 and what is brought under section 110-b of the 1939 act. this is also visible through the provision of section 168(1) under the motor vehicles act, 1988 and section 92-a of 1939 act which fixes the liability on the owner of the vehicle even on no fault. it provides where the death or permanent ..... charge sheet has been filed against one s. jayapaul, the van driver, before the chief metropolitan magistrate court in c.c. no. 7789 of 1994 under section 338 ipcipcipc and section 179 of the motor vehicles act. the van driver had admitted his offence on 8.5.1995 and had paid a fine amount of rs. 500/-. therefore, the fact that the person had .....

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