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Search Results Judgments > Act:MOTOR VEHICLES ACT, 1988 Section 179

May 27 2002

Babu Vs. Regional Transport Authority

  • Decided on : 27-May-2002

Court : Kerala

Reported in : 2003(2)KLT216

... Sub-section (3) of Section 80 of the Act, the Transport Authority which granted the permit may allow the application or for reasons 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 ... the appeals without calling for the 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 been disposed of in accordance ... 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 counsel for the petitioner that though Clauses (a) to (g) of Sub-section ( 1) of Section 89 enumerate the ... 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 vary any one or more of the conditions thereof other than those referred to in Sub-section (3) of Section 80 of the Act, the Transport ...

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

... 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 ... 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 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 ... Motor Vehicles Act, 1988 and Central Motor Vehicles Rules, 1989.(ii) The State Governments are not to issue special cards/passes which legalize overloading.(iii) ...(iv)...(v) Non-renewal of registration and denial of permit to habitual offenders of overloading. '8. Complaints were received that several States were issuing green cards/golden passes purportedly on the basis of the power of composition under Section ... the provisions of the Act and the Central Rules. It appears that the matter was discussed at the 30th meeting of the Transport Development Council where the following decisions were taken:'(i) Strict enforcement of the provisions relating to overloading under the Motor Vehicles Act, 1988 and Central Motor Vehicles Rules, 1989.(ii) ...

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

... authorities including the police, admit the use of such black filmed vehicles in 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 ... 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 ... 86 amendments to the Motor Vehicle Act and Rules framed there under. We do hope that all concerned authorities would expedite this matter 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 ... 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 the judicial process and for their own convenience. 50. In respect of the persons and/or the vehicles which are ...

Mar 29 1990

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

  • Decided on : 29-Mar-1990

Court : Andhra Pradesh

Reported in : AIR1991AP183

... procedure obtained under the provisions of the A. P. Motor Vehicles Act 1939 (for short, old Act) is no 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 ... 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: ( ... 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 the application is laid down in Sec. 71 Sub-sec. (1) says that while considering an application ... 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 of vehicles, road conditions and other relevant matters, by notification in the Official ...

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

... routes'.2. The Government of Andhra Pradesh 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 scheme sets out ... the procedure in considering the said application. Neither section throws any light as to 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 ... bench of three Judges to 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 their services on the notified ... Srinivasan, 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 the case of stage carriage, the Regional Transport Authority ...

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

... 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 and maximum ... procedure in considering the said application. Neither section throws any light as to 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 ... of such normal trips and the like.Section 89 of the Act provides an appellate remedy to the State Transport Appellate 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 ... acted beyond its jurisdiction in granting permits in all these cases. ....... ....... ....... 16. Reference was also made to C. Kasturi v. Secretary., Regional Transport Authority, : (1995)IIILLJ714SC , decided by a Bench of three Judges to 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 ...

Jun 09 2008

N. Punitha Vs. State of Tamil Nadu and Ors.

  • Decided on : 09-Jun-2008

Court : Chennai

Reported in : AIR2008Mad229

... Motor Vehicle Inspectors, (Grade II), have been empowered to collect spot fines from the Transport Vehicles of other States, even in places other than the check posts.7. Section 200 of the Motor Vehicles Act, 1988, provides for the levy of compounding fee in respect of offences punishable Under Sections 177, 178, 179 ... Vehicles of other States, even in places other than the check posts.7. Section 200 of the Motor Vehicles Act, 1988, provides for the levy of compounding fee in respect of offences punishable Under Sections 177, 178, 179, 180, 181, 182(1), 182(2), 183(1), 183(2), 184, 186, 190(2), 192, 194, 196 and 198 of the said Act, even though the offences relating to the said sections ... Section 88(9) of the Motor Vehicles Act, 1988. The Inspecting Officers of the State of Tamil Nadu are charging the vehicles of the petitioner when the offences are found to have been committed under the various Sections of the Motor Vehicles Act, 1988. Only the offences committed relating to the drivers or the persons incharge of the vehicles which are compounded, Under Section 200 of the Act, are recorded. Under Section 207 of the Act ...

Apr 24 2006

Suo Motu Vs. State of Gujarat and 31 Ors.

  • Decided on : 24-Apr-2006

Court : Gujarat

Reported in : II(2007)ACC638; (2006)3GLR1960

... Section 179 of the Act deals with disobedience of orders, obstruction and refusal of information. It empowers the authority to impose fine on the defaulter, which may be to the extent of Rupees Five hundred.Section 183 provides for penalty to be imposed on the person driving a motor vehicle at excessive speed. Excessive speed means more than the speed limit prescribed under Section 112 of the Act ... motor vehicle.Section 115 of the Act deals with the Power to restrict the use of vehicles.Section 116 of the Act deals with the Power to erect traffic signs.Section 118 of the Act authorizes the Central Government to frame driving Regulations.Section 119 of the Act prescribes that every driver of the motor vehicle shall obey the traffic sings and drive his vehicle in conformity with the driving Regulations.Section 135 of the Act ... Section 112 of the Act is in relation to the limits of speed. Sub-section (1) of Section 112 of the Act states that no person shall drive the motor vehicle or cause or allow a motor vehicle to be driven in any public at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under the Act. Sub-section (2) of the Act ...

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

... 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 ... are clinching evidence for the involvement of the vehicle in the accident. It is also seen that after investigation was over, the 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 IPC and Section 179 of the Motor Vehicles Act. The van driver had admitted his offence ... 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 ... Act in relation to the payment of compensation to the claimant is beneficial legislation and the intention of legislature is made more 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 ...

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

... Motor Vehicles Act, 1988 ('MV 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 ... Section 200 MV 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 ... section (4) also indicates that this is a one-time measure vis--vis the consumer. 10. The language of Section 200 MV 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 ...

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