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Judgment Search Results Home  Phrase:motor vehicles act 1988 section 85

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

... 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 ... Motor Vehicles (Protective Headgears) Rules, 1980 were issued under the repealed Motor Vehicles Act, 1939 and since the said Rules were in force immediately before the commencement of the Motor Vehicles Act, 1988, the said Rules shall be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 ... 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 ...

Feb 14 2001

Mini Taxi Owners' and Drivers' Association and Ors. Vs. State of A.P., ...

  • Decided on : 14-Feb-2001

Court : Andhra Pradesh

Reported in : 2001(2)ALT340

... the journey.37. Chapter V of the Motor Vehicles Act, 1988 deals with control of Transport Vehicles either by Government or Road Transport Authority. Section 66 of the M.V.Act, 1988, indicates that no owner of a motor vehicles shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or ... non-conformity with Section 85 or otherwise. He further submitted that the number of seven seater Motor Cabs regularly plying within the city limits has grown from one vehicle in 1997 to 2,676 vehicles by 16th January, 2001. The Commissioner of Police has given the data which indicates the rapid growth of the number of seven seater Motor cabs registered ... motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers either for the whole journey or for stage of the journey.37. Chapter V of the Motor Vehicles Act, 1988 deals with control of Transport Vehicles either by Government or Road Transport Authority. Section 66 of the M.V.Act, 1988 ... roadworthiness of the vehicle. Therefore, overiall reading of Chapter V of the M.V. Act, 1988 makes it manifest that it is the jurisdiction of the State Government and the State Transport Authority to take action under Sections 67 or 86 of the Motor Vehicles Act, 1988 either to prevent, suspend or cancel the permits granted to the Transport vehicles and the Commissioner ...

May 14 1992

Deshmesh Co-operative Transport and Another Vs. Union of India and Oth ...

  • Decided on : 14-May-1992

Court : Delhi

Reported in : AIR1992Delhi376; 1992(23)DRJ263; ILR1993Delhi79

... . 7. The Parliament enacted the Motor Vehicles Act, 1939 which was amended later in the year 1988 and the amended provisions came into force with effect from 1st July, 1989. S. 88 of the Act provides for grant of permits to tourist vehicles. Sub-sec. (9) of S. 88 empowers the State Transport Authority to grant permits in respect of tourist vehicles valid for the whole of India ... -sec. 14(a) of S. 88 to make rules to ensure that provisions of S. 88 of the Act are effectively carried out. Accordingly, the Central Government framed the Central Motor Vehicles Rules, 1989. Sub-rule (3) of R. 85 of the Central Motor Vehicles Rules, 1989 provides for additional condition No. III, virus of which is challenged by the petitioners. It reads thus : '(III) The tourist vehicle ... encouraging tourism throughout India the Parliament in its wisdom by Act No.50 of 1969 inter alias amended Section 63 of the Motor Vehicles Act 1939 by adding sub-sec.(7) to S.63 of the Act. Sub-sec. (7) of S. 63 of the Act empowers every State Transport Authority in India to grant in respect of tourist vehicles permits valid for the whole or any part of India ... (7) of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act). In the year 1982 one Shri D. P. Sharma, an All India Tourist Bus Operator, filed a writ petition in the High Court of Karnataka praying that the condition imposed by the State Transport Authority while endorsing or Issuing permit under sub-section (7) of S. 63 of the Act, prohibiting the bus ...

Feb 14 2001

Mini Taxi Owners and Drivers Association and Ors. Vs. The State of A.P ...

  • Decided on : 14-Feb-2001

Court : Andhra Pradesh

Reported in : 2001CriLJ2421

... the journey.37. Chapter V of the Motor Vehicles Act, 1988 deals with control of Transport Vehicles either by Government or Road Transport Authority. Section 66 of the M. V. Act, 1988, indicates that no owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods ... non-conformity with Section 85 or otherwise. He further submitted that the number of seven seater Motor Cabs regularly plying within the city limits has grown from one vehicle in 1997 to 2,676 vehicle by 16th January, 2001. The Commissioner of Police has given the date which indicates the rapid growth of the number of seven seater Motor cabs registered and ... motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers either for the whole journey or for stage of the journey.37. Chapter V of the Motor Vehicles Act, 1988 deals with control of Transport Vehicles either by Government or Road Transport Authority. Section 66 of the M. V. Act, 1988 ... the vehicle. Therefore, overall reading of Chapter V of the M. V. Act, 1988 makes it manifest that it is the jurisdiction of the State Government and the State Transport Authority to take action under Section 67 or 86 of the Motor Vehicles Act, 1988 either to prevent, suspend or 2001 Cri. L.J./153 VII cancel the permits granted to the Transport Vehicles and ...

Nov 12 1990

Radhey Shyam Sharma Vs. Regional Transport Authority, Kathgodam, Naini ...

  • Decided on : 12-Nov-1990

Court : Allahabad

Reported in : AIR1991All158

... mini buses from Section 51(2)(x), which is quoted below :Section 51(2)(x) : 'Any other condition which may be prescribed.' These rules are perfectly valid and cannot be said to be outside the authority conferred on Central Government by the Act.26. In our opinion Rule 6 of National Permit Rules, 1975 and Rule 88 of Central Motor Vehicles Rules, 1988 are valid. ... contained in sub-sec. (1), but, subject to the rules that may be made by the Central Government under sub-sec. (14), the appropriate authority may, for the purpose of encouraging long distance inter-State road transport, grant in a State, national permits in respect of goods carriages and the provisions of Ss. 69, 77, 81, 82, 83, 84, 85, 86 and ... 63(11) of the Motor Vehicles Act, 1939 (hereinafter referred to as the old Act) and R. 88 of the 'Central Motor Vehicles Rules, 1980 (hereinafter referred to as the new Act (sic). These Rules which provide for 9 years' model condition of motor vehicles, covered under national permits are quoted below:'6.(1) National permit shall not be granted or renewed in respect of Motor Vehicles which is more ... of fitness to a motor vehicle in contravention of the provisions of any notification issued under sub-sec. (1).' 11. Section 59 of the new Act empowers the Central Government to specify the life span of motor vehicle reckoned from the date of manufacture after the expiry of which the vehicle shall not be deemed to comply with the requirements of the Act and Rules framed thereunder. ...

May 30 2003

Delhi Pradesh Taxi Union and Anr. Vs. Airport Authority of India and O ...

  • Decided on : 30-May-2003

Court : Delhi

Reported in : 2(2003)ACC710; II(2003)ACC710; 2003IVAD(Delhi)713; 105(2003)DLT479; 2003(69)DRJ459

... Motor Vehicles Act, 1988 and the Rules framed there under. The writ petition was filed on the ground that the vehicles for which permit had been granted to respondent No. 8 could be plied as contract carriages and not as stage carriages and since under Section 2(7) of the Motor Vehicles Act (in short referred to as `the Act ... Sections 74 and 88(9) of the Act shows that the tourist vehicle to which a permit is issued under sub-Section (9) of Section 88 can be used only as a `contract carriage' as defined in Section 2(7) of the Act. A tourist permit under Section 88(9) is granted under Chapter 4 of the Central Motor Vehicle Rules, 1989 (hereinafter referred to as `1989 Rules'). Under Rule 85 ... vehicles of respondent No. 8, registration numbers of which were given in the writ petition being plied between IGI Airport and Amritsar, do not carry passengers against the individually issued tickets and to ensure that they adhere to the mandatory requirements of the Motor Vehicles Act, 1988 and the Rules framed there under. The writ petition was filed on the ground that the vehicles ...

Oct 08 1990

Ishar Vs. State of Rajasthan and Ors.

  • Decided on : 08-Oct-1990

Court : Rajasthan

Reported in : AIR1992Raj40; 1990WLN(UC)108

... made a reference to Section 9 appearing in Chapter II and Section 38 appearing in Chapter III under the headings Licensing of Drivers of Motor Vehicles and Licensing of Conductors of Stage Carriages respectively. But these references have no relevance in view of the discussion made above.24. Mr. Munshi, learned counsel for the petitioner submitted that the Motor Vehicles Act, 1988 has come into forge ... of the permit that the vehicle should be duly registered and certified to be a fit vehicle. Section 84 further lays down that other conditions mentioned in the Act and the Rules shall also form part of the conditions of the permit. Section 85 lays down the general form of permits and Section 86 deals with cancellation and suspension of permits. Section 89 provides appeals.10. ... of a vehicle, is ultra vires of Article 14 of the Constitution of India as well as the provisions of the Motor Vehicles Act, 1988 (hereinafter called 'the Act of 1988').4. In order to appreciate the arguments of the learned counsel, it will be relevant to reproduce here Rule 88 of the Rules of 1989. Rule 88 reads as under:--'88. Age of motor vehicle for ... rules, the age of the vehicle is prescribed as 9 years.3. The principal submission of the learned counsel for the petitioners is that Rule 88, which prescribes the life span of a vehicle, is ultra vires of Article 14 of the Constitution of India as well as the provisions of the Motor Vehicles Act, 1988 (hereinafter called 'the Act of 1988').4. In order to ...

Nov 06 1997

Thanthama and Ors. Vs. Union of India and Ors.

  • Decided on : 06-Nov-1997

Court : Andhra Pradesh

Reported in : 1998(1)ALD209

... under (sic Section 88(11)(iii) of Motor Vehicles Act, 1988 corresponding to) Section 63(1)(iii) of the Motor Vehicles Act, 1939, the Central Government framed the Central Motor Vehicles Rules, 1989. Rule 85 of the said Rules deals with additional conditions of tourist permits. Sub-rule (3) of Rule 85 envisages that the tourist vehicle shall either ... vehicles throughout the territory of India andthe permit granted by one State is operative in other States without there being any requirement of counter-signature of those Stales. By virtue of the power provided under (sic Section 88(11)(iii) of Motor Vehicles Act, 1988 corresponding to) Section 63(1)(iii) of the Motor Vehicles Act, 1939, the Central Government framed the Central Motor Vehicles Rules, 1989. Rule 85 ... 85(3) is to regulate all India tourist vehicle in the interest of tourists. The Central Motor Vehicle Rules are framed by virtue of the power conferred under Section 66(7) (sic Section 88(9)) of the Act. It is settled principle of law that the rules framed by virtue of statutory power conferred by the enactment form part and parcel of the Act. The Motor Vehicles Act, 1988 ... 85 says that where contract of journey ends outside the home State, the vehicle shall not be offered for hire within that State or from that State to any other State except for the return journey to the home State.8. It is also necessary to refer to some relevant provisions of the Motor Vehicles Act, 1988 (for short '(he Act') and the Rules. Section ...

Oct 14 1998

Ved Kumari & another Vs. Shri Kishan Lal and Others

  • Decided on : 14-Oct-1998

Court : Delhi

Reported in : II(1998)ACC724; 1999ACJ1391; 1998VIAD(Delhi)801; 76(1998)DLT518; 1998(47)DRJ673; (1999)121PLR13

... , on the above basis which will emerge are that the motor cycle was being used by three persons including the driver and that was not within the permissible limit as laid down by Section 85 of the Motor Vehicles Act, 1939 which is also incorporated in Section 128 of the 1988 Act. The carrying of more persons on a vehicle will certainly make the ride somewhat unstable which may contribute ... the Motor Vehicles Act, 1939 which is also incorporated in Section 128 of the 1988 Act. The carrying of more persons on a vehicle will certainly make the ride somewhat unstable which may contribute to the accident. Moreover the Tribunal has considered the other evidence on record also to arrive at a conclusion that there was some contributory negligence on the part of the driver of the motor ... the judgment the provisions of Regulation 7 of the Motor Vehicles Act have been noticed and the following findings are recorded:-'It is admitted that the motorcyclists had been coming from the right side of the car. thereforee, under the Regulation No.7 of the M.V.Act, the car should have given way to the vehicles coming from it's right side, which car ... riding on the motor cycle at the time when the accident took place. The motor cycle is meant for 2 persons and when 3 persons sit on it, it is in itself an act, which shows that the driver of the motor cycle was careless and negligent regarding the safety of the vehicle and the persons sitting on the same. Overloading of any vehicle, more so ...

Nov 05 1992

Shyam Lal Kabra Vs. State of Rajasthan and Ors.

  • Decided on : 05-Nov-1992

Court : Rajasthan

Reported in : 1992(3)WLC369; 1992(2)WLN372

... he was maintaining the tourist vehicles in accordance with the provisions of Sub-section (ii) of Section 88 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act') and operating the same in accordance with the provisions of Rules 83, 84 and 85 of the Central Motor Vehicles Rules, 1989.3. In exercise of the power conferred by the Act, the Central Government as well ... tourist vehicles valid for the whole of Indian incontiguous States including the home State i.e. Rajasthan. A list of permit given to him is attached to the writ petition as Annex. 1. he was maintaining the tourist vehicles in accordance with the provisions of Sub-section (ii) of Section 88 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act ... Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act') and operating the same in accordance with the provisions of Rules 83, 84 and 85 of the Central Motor Vehicles Rules, 1989.3. In exercise of the power conferred by the Act, the Central Government as well as the State Government have made the Rules. The rules made by the Central Government known as 'The Central Motor Vehicles ... Department not below the rank of Motor Vehicle Sub-Inspector.6. From the perusal of the provisions of Sub-section (9) of Section 88 of the Act, Rules 82 to 85 of the Central Motor Vehicles Rule, 1989 read with Sub-rule (2) of Rule 5.19(A) of the Rajasthan Motor Vehicles Rules, 1990, it appears that the tourist vehicle before the commencement of his ...

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