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

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

..... 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, 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 goods save in ..... can be launched against the validity of the impugned proceedings on the ground of 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 ..... action is bad in law.41. further it cannot be said that the impugned action of the commissioner of police is vitiated for not following the procedure contemplated under section 85 of the act. mere departure from the procedure does not vitiate the same, if it is otherwise validly passed.42. in the case of maharashtra, the order of prohibition of entrance ..... fit or by any two or more of the aforesaid means as may be suitable. therefore, by not publishing the impugned order in the official gazette, as contemplated under section 85 of the act, the commissioner of police has committed a procedural irregularity in implementing the order, hence liable to be set aside.14. it is further submitted by the learned senior counsel .....

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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

..... and to stop imbalance of transportation in states. 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 ..... the application.' thus, the central government is empowered under sub-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 shall either commence its journey, or ends ..... the central government thus in order to ensure that the provision is effectively carried out and there is planned development of tourism imposes additional condition by way of r. 85. since the state transport authority is given the power to grant unrestricted number of tourist permit as per the need of each state, the central government had to ensure .....

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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

..... 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, 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 save in ..... can be launched against the validity of the impugned proceedings on the ground of 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 ..... action is bad in law.41. further it cannot be said that the impugned action of the commissioner of police is vitiated for not following the procedure contemplate under section 85 of the act. mere depart from the procedure does not vitiate the same, if it is otherwise validly passed.42. in the case of maharashtra, the order of prohibition of entrance ..... fit or by any two or more of the aforesaid means as may be suitable. therefore, by not publishing the impugned order in the official gazette, as contemplated under section 85 of the act, the commissioner of police has committed a produral irregularity in implementing the order, hence liable to be set aside.14. it is further submitted by the learned senior counsel .....

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Nov 12 1990

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

  • Decided on : 12-Nov-1990

Court : Allahabad

Reported in : AIR1991All158

..... responsibilities, not merely to minibus owners, but also to avoid the daily tragedies on the indian highways under the lethal wheels of these whirling carriages. s. 51(2) of the motor vehicles act, 1939, is geared to public safety, not private profit and casts a solemn duty not to be deterred by any pressure except the pressure of social justice to indian lives ..... r.6 of national permit rules, 1975, framed under s. 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 ..... (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.27. writ petitions lack merits ..... 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 89 shall, as far as may be apply to .....

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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

..... 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 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') contract carriage could be engaged ..... the same shall be kept available with him and produced on demand to the officers empowered to demand documents by or under the act. rule 85 (5) is in conformity with section 2(7) of the act which defines a `contact carriage' to mean a motor vehicle which carries passengers for hire or reward and is engaged under a contract for the use of such a ..... (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 (1) of the ..... is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86 [clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply in relation to such permits. (14) (a) the central government may make rules for .....

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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 ..... . section 89 provides appeals.10. a composite reading of all these ..... , it is the general conditions 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 ..... 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 sections 69, 77,81, 82, 83, 84, 85, 86 and 89 shall, as far may be apply to or in relation to the grant of national permits. (13) the appropriate authority shall, in considering .....

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Jul 11 2007

United India Insurance Co. Ltd. Vs. Chakali Jakkalu and Anr.

  • Decided on : 11-Jul-2007

Court : Andhra Pradesh

Reported in : 2008(1)ALD190

..... 2000 and 85 of 2000, dated 6.11.2002, on the file of the motor accident claims tribunal (principal district judge), kurnool allowing the claims for compensation under sections 163-a and 166 of the motor vehicles act, 1988 (for brevity 'm.v. act') on account of injuries sustained by the claimants in a motor accident.2 ..... more than one owner along with their goods which are being carried in the vehicle. the said aspect needs no further consideration having regard to the specific provision of section 13 of the general clauses act which itself contemplates that in any central legislations unless there is anything repugnant, ..... proposition which has been put-forth on behalf of the appellant, it is necessary to refer to the relevant portion of section 147 of the m.v. act, which reads as follows:requirements of polities and limits of liability:--(1) in order to comply with the requirements of ..... byrapaneni, the learned standing counsel appearing on behalf of the appellant, strenuously contended that having regard to the expression used under section 147 of the m.v. act it can be only one owner and not more than one and therefore, such claims by injured in numbering more than ..... . briefly stated, the facts of the case are that on 21.12.1998, both the claimants along with their bags of paddy engaged a lorry bearing no.ap-21/u.3940 and loaded the same and boarded the lorry as owners of goods, however, since the said vehicle .....

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Apr 16 2014

The National Insurance Company Limi Vs. Thota Kusuma Kumari and anot

  • Decided on : 16-Apr-2014

Court : Andhra Pradesh

..... , the act).2. heard smt.ramani jonna, the learned standing counsel for the insurance company and ..... of the motor accidents claims tribunalcum-iii additional district judge, kakinada, (for short, tribunal) in m.v.o.p.no.43 of 2005 dated 13.03.2007, awarding compensation of rs.85,000/- with interest at 7.5% per annum as against the claim of the claimant of rs.1,04,000/- in the claim petition under section 166 of the motor vehicle act, 1988 (for short ..... india assurance co. ltd. v. sadanand mukhi that the son of owner will not come within the definition of third party under the motor vehicles act to maintain a claim petition under section 163-a or 166 read with section 168 of the act. the other expression of the apex court in oriental insurance co. ltd. v. rajni devi also speaks the same in holding that ..... the date of claim petition till return. the tribunal also, if necessary, entertain the application of the claimant under section 66 of the a.p. court fees act read with rule 475 of the a.p.motor vehicles rules, 1989 to issue a certificate for refund of the court fees paid on the claim petition, so as to pay before the consumer forum or .....

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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

..... 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 our view, the above contention is devoid of ..... 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 .....

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Aug 24 1995

New India Assurance Co. Ltd. and Others Vs. Nagarathna and Others

  • Decided on : 24-Aug-1995

Court : Karnataka

Reported in : 1997ACJ376; AIR1996Kant396; ILR1996KAR3041; 1996(6)KarLJ77

..... legally liable to pay in respect of:-- (a) death of or bodily injury to any person but except so far as is necessary to meet the requirements of s. 85 of the motor vehicles act, 1988, the company shall not be liable where such death or injury arises out of and in the course of the employment of such person by the insured and excluding ..... becomes legally liable to pay in respect of a death or bodily injury to any person but except so far as is necessary to meet the requirements of s. 85 of the motor vehicles act, 1988, the company shall not be liable where such death or injury arises out of and in ihe course of the employment of such person by the insured. there was ..... the policy make it clear that except under certain circumstances the policy does not cover the risk of a pillion rider., ex. r1 is the policy issued in this case. section 2(1)(a) of that policy reads as hereunder : '1. subject to the limits of liability the company will indemnify the insured in the event of accident caused by or ..... and regulations framed in this behalf. comprehensive insurance of the vehicle and payment of higher premium on this score, however, do not mean that the limit of the liability with regard to third party risk becomes unlimited or higher than the statutory liability fixed under sub-sec. (2) of s. 85 of the act. for this purpose a specific agreement has to be arrived .....

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