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

Sep 15 1990

Mohammed Illyas Vs. Union of India (UO I)

  • Decided on : 15-Sep-1990

Court : Karnataka

Reported in : ILR1991KAR2804

... Act i.e., Motor Vehicles Act, 1988. As far as the Notification dated 13-11-1986 is concerned, the same has been saved having regard to the provisions contained in Section 217(2)(a) of the Act.3(a). In view of the fact that Section 200 of the Act contains the provisions similar to Section 127B of the 1939 Act and also that the Act ... Section 200 of the Act reads thus:'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, Section 191, Section 192, Section 194, Section 196, or Section ... Act (Motor Vehicles Act, 1988) with effect from 1st July, 1989, some of the petitioners made written applications to seek appropriate amendments having regard to the repealing of the 1939 Act and re-enacting of the similar provisions in the Act i.e., Motor Vehicles Act, 1988. As far as the Notification dated 13-11-1986 is concerned, the same has been saved having regard to the provisions contained in Section ...

Jan 14 1991

Himachal Road Transport Corporation Vs. Arvind Singh Mann and Ors.

  • Decided on : 14-Jan-1991

Court : Himachal Pradesh

Reported in : 1991ACJ825

... Motor Vehicles Act, 1939 (as replaced by Motor Vehicles Act, 1988) (hereinafter to be called as 'the Act').2. The State legislature enacted Passengers and Goods Taxation Act, 1955, with a view to provide for levying of tax on passengers and goods carried by road in certain motor vehicles. Section 3-A was added to the principal Act by the Himachal Pradesh Passengers and Goods Taxation (Amendment) Act, 1977 (Act ... motor vehicle accident. Therefore, it would follow on the well-known canon of construction that the special provisions of the Act would govern in addition to and, if necessary, exclude the general provisions of the Fatal Accidents Act. On this basis general guidelines for assessing damages as laid down in Gobald Motor's case 1958-65 ACJ 179 ... Act') and the amount paid by the appellant, namely, the Himachal Road Transport Corporation, by way of interim relief immediately after an accident is liable to be deducted from out of the amount of compensation awarded by the Tribunal to the claimants under the provisions of the Motor Vehicles Act, 1939 (as replaced by Motor Vehicles Act, 1988) (hereinafter to be called as 'the Act ...

Jul 22 2003

Buishi Yada Motors Vs. State of Arunachal Pradesh and Ors.

  • Decided on : 22-Jul-2003

Court : Guwahati

... behalf of the respondents, Dr. Saraf has submitted that Section 43 of the Motor Vehicles Act envisages temporary registration of vehicles and if any purchaser of the vehicle to whom a sale certificate has been issued by the petitioner showing him to be a resident of the State of Assam gets his vehicle registered temporarily under Section 43 of the Motor Vehicles Act, 1988, in the State of Arunachal Pradesh, the dealer ... I respectfully agree with the position of law laid down in Bhag Singh Milkha Singh's case (supra).42. Similarly in, Thavakkal Agencies v. State of Tamil Nadu 47 STC 179 relied upon by Dr. Saraf, Madras High Court has, I find, held that where the purchaser was an outside State purchaser and had no place of business within the State ... and commerce. The sale of motor vehicles within the State of Arunachal Pradesh are taxable at the rate of 12 % under the Arunachal Pradesh Sales Tax Act, 1999 (hereinafter referred to as 'the Act of 1999'). The State Government, in exercise of its powers under Section 8(5)(b) of the Central Sales Tax Act, 1956 (hereinafter referred to as 'the Act of 1956') directed, vide ... Pradesh Sales Tax Act, 1999 (hereinafter referred to as 'the Act of 1999'). The State Government, in exercise of its powers under Section 8(5)(b) of the Central Sales Tax Act, 1956 (hereinafter referred to as 'the Act of 1956') directed, vide notification No. TAX/436/95/Part III, dated 2.5.2001 (Annexure A), that Central Sales Tax in respect of motor vehicles sold ...

Apr 23 1997

Shaila Bala Chose and Ors. Vs. Nitai Chandra Saha and Anr.

  • Decided on : 23-Apr-1997

Court : Guwahati

... of the original suit T.S. (MAC) 179 of 1996: Mr. Bhowmik cited the judgment of Supreme Court in the case of Shivaji Dayanu Patil v. Vatschala Uttam More 1991 ACJ 777 (SC) and submitted that the provision under Section 92-A of the Motor Vehicles Act, 1939 which is similar to the provision of Section 140 of the Motor Vehicles Act, 1988 was in the nature of beneficial legislation ... Motor Vehicles Act, 1988 and should not have deferred the adjudication of the no fault liability of the respondents till adjudication of the original suit T.S. (MAC) 179 of 1996: Mr. Bhowmik cited the judgment of Supreme Court in the case of Shivaji Dayanu Patil v. Vatschala Uttam More 1991 ACJ 777 (SC) and submitted that the provision under Section 92-A of the Motor Vehicles Act ... 1996. By the said order the learned Member, Motor Accidents Claims Tribunal has denied the relief to the claimant-petitioners in the said claim case under Section 140 of the Motor Vehicles-Act, 1988 and has held that the said claim may be granted if the claimants satisfy the court in the original suit T.S. (MAC) 179 of 1996 that the death of Baikuntha Ghosh ... under Section 140 of the Motor Vehicles Act, 1988 and should not have deferred the adjudication of the no fault liability of the respondents till adjudication of the original suit T.S. (MAC) 179 of 1996: Mr. Bhowmik cited the judgment of Supreme Court in the case of Shivaji Dayanu Patil v. Vatschala Uttam More 1991 ACJ 777 (SC) and submitted that the provision under Section ...

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 ...

Nov 24 1953

Harman Singh and Ors. Vs. Regional Transport Authority, Calcutta and O ...

  • Decided on : 24-Nov-1953

Court : Supreme Court of India

Reported in : AIR1954SC190; [1954]1SCR371

... the contentions raised by the learned counsel have any substance. Without in any way finally deciding the question of the true construction of rule 179 of the Bengal Motor Vehicles Rules, read with the provisions of section 42 of the Motor Vehicles Act, because it does not directly arise here, as at present advised, we cannot affirm the view of Bose J., that it is not ... inviting applications for permits to ply small taxis, a further notification was issued on the 7th June, 1952, amending rule 179 of the Bengal Motor Vehicles Rules. This notification was in these terms :- 'In exercise of the power conferred by section 51 of the Motor Vehicles Act, 1939, the Governor is pleased to make the following amendment to the rule published under the notification of the ... in his argument before the High Court. Section 42 of the Motor Vehicles Act enjoins that the owner of a motor vehicle shall not use or permit the use of the vehicle save in accordance with the conditions of a permit. The form of the permit in item 8 mentions the minimum fare that can be charged in respect of a vehicle. On these provisions the learned ... by section 51 of the Motor Vehicles Act, 1939, the Governor is pleased to make the following amendment to the rule published under the notification of the Government of Bengal in the Home (Transport) Department No. 9354-T dated the 28th September, 1946, as subsequently amended, namely :- To the said rule add the following proviso :- 'Provided that in the case of small motor ...

Jan 10 1990

Arvind Singh Mann Vs. Himachal Road Trans. Corpn. through its General ...

  • Decided on : 10-Jan-1990

Court : Himachal Pradesh

Reported in : 1990ACJ647

... Mannaram 1986 ACJ 269 (Rajasthan).25. In Gobald Motor Services Ltd. v. R.M.K. Veluswani 1958-65 ACJ 179 (SC), the court was concerned with an appeal which arose out of a suit for damages under the Fatal Accidents Act, 1855. It did not deal with the provisions of Section 110-B of the Motor Vehicles Act. Secondly, it did not have the occasion to consider ... C.K. Subramania Iyer v. T. Kunhi Kuttan Nat 1970 ACJ 110 (SC)].17. The Motor Vehicles Act, 1939 (Act No. 4 of 1939) provides a special forum to adjudicate cases for compensation by a Tribunal under Section 110. Section 110-A deals with an application for claiming the compensation whereas Section 110-B is a provision that deals with the award of compensation by the Tribunal ... on this aspect as well that the Corporation has failed to discharge the burden for claiming these deductions from the compensation that the Motor Accidents Claims Tribunal assesses in a case(s) before it under Section 110-B of the Motor Vehicles Act, 1939. The amount that becomes payable as a result of this decision will bear interest at the rate of 8 per cent ... amended uptodate), framed under the Himachal Pradesh Passengers and Goods Taxation Act, 1955, are deductible from the total amount of compensation awarded by the Tribunal. In other words, these amounts are to be taken into consideration by the Tribunal while awarding the compensation to the claimants under Section 110-A of the Motor Vehicles Act, 1939. Looking to the importance of the matter, the ...

Nov 28 2002

New India Assurance Co. Ltd. and Ors. Vs. Govind Laxman Angne and Ors. ...

  • Decided on : 28-Nov-2002

Court : Mumbai

Reported in : 2004ACJ636

... Act as well as Motor Vehicles Act, 1939, as also various judicial pronouncements including the decision in Gobald Motor Service case, 1958 65 ACJ 179 ruled thus:'This court in Gobald Motor Service, 1958 65 ACJ 179 considering the quantum of damages under Sections 1-A and 2 of the Fatal Accidents Act, 1855, referred to the said principle as enunciated in the English decisions, since our provisions under the Act ... parties. Perused the records. This appeal arises from award dated 30.8.1988 passed in Motor Accident Claim Petition No. 255 of 1986 by the Motor Accidents Claims Tribunal, Raigad, Alibag. By the impugned award the appellants have been directed to pay the amount of Rs. 3,95,000 ... Act, 1855.6. The Apex Court in Rebello's case, : AIR1998SC3191 , after taking into consideration the provisions of the Fatal Accidents Act as well as Motor Vehicles Act, 1939, as also various judicial pronouncements including the decision in Gobald Motor Service case, 1958 65 ACJ 179 ruled thus:'This court in Gobald Motor Service, 1958 65 ACJ 179 considering the quantum of damages under Sections ... Motor Service, 1958 65 ACJ 179 considering the quantum of damages under Sections 1-A and 2 of the Fatal Accidents Act, 1855, referred to the said principle as enunciated in the English decisions, since our provisions under the Act in consideration were similar to Section 9 of the English Fatal Accidents Act, 1846. This court was neither called upon to consider computing damages under the Motor Vehicles Act ...

Aug 09 1990

The Secretary, Regional Transport Authority, Guntur and another etc. V ...

  • Decided on : 09-Aug-1990

Court : Andhra Pradesh

Reported in : AIR1991AP11

... applicants under Section 72 read with Ss. 70, 71 and 80 of the Motor Vehicles Act, 1988 and whether the existing operators can also claim a right to be heard before theR.T.A. and claim, for the aforesaid purposes, a right under Rule 166 of the A. P. Motor Vehicles Rules for grant of certified copies of the applications made by fresh applicants?6. The Motor Vehicles Act, 1988 has ... in R. 179 of the new A.P. Motor Vehicles Rules, 1989 (corresponding to Rule 212 of the old Rules). We do not think it necessary to decide this question either.29. The only and limited question therefore decided by us is that whenever fresh applications are filed under S.72 read with Ss. 70, 71 and 80 of the new Motor Vehicles Act, 1988, existing ... A.) when it is considering fresh applications filed after1-7-1989. under Section 70 read with Sections 71, 72 and 80 of the Motor Vehicles Act, 1988. Incidentally the question has arisen whether the said existing operators are entitled to copies of the applications filed by new applicants under Rule 166 of the A. P. Motor Vehicles Rules, 1989 (hereinafter referred to as the Rules). As the ... learned single Judge referred to the provisions of Sections 47(1) and 57(3), (4), (5) of the old Motor Vehicles Act, 1939 and Sections 70, 71(1), (2), (3) and 90 of the new Motor Vehicles Act as also Rules 132, 166 and 179 of the new Motor Vehicles Rules, 1989 and came to the conclusion that the procedure contemplated by the new Act for grant of stage carriage permits ...

Mar 15 2001

APSRTC, Musheerabad, Hyd. Vs. State Transport Appellate Tribunal, Hyd. ...

  • Decided on : 15-Mar-2001

Court : Andhra Pradesh

Reported in : II(2001)ACC760; II(2002)ACC337; 2001(3)ALD235; 2001(2)ALT532

... WA No.56 of 1992 a Division Bench of this Court by judgment dated 14-10-1992 while referring to the scheme framed under Section 102(2) of the Motor Vehicles Act, 1988 (for brevity hereinafter referred to as 'the Act') read with Section 104 thereof held that mofussil service includes town service and that merely because town service route is not mentioned in the notified and ... G.O. Ms. No. 179 read with Note (2) thereunder can be put in service so as to bring within its fold also town service. The answer to the same must necessarily be in the negative.25. Having regard to the purport and object of the Act, 1988, permits are to be liberally granted. Chapter VI of the Act contains a special provision. There ... been granted.'6. Having regard to the divergence of opinion expressed by two Division Benches of this Court as regards the interpretation of a scheme framed under sub-section (2) of Section 102 of the Motor Vehicles Act, 1988, these matters have been referred to this Bench for rendering an authoritative pronouncement.7. The fact of the matter revolving round the controversy shall be noticed ... Extraordinary issue of the Andhra Pradesh Gazette, dated 12-5-1989 and objections made through petitions and personally have decided to approve the scheme with certain modifications under Section 102(2) of the Motor Vehicles Act, 1988. Rs.(i)Colouring the entirebuilding (inside and outside)1,00,000(ii)Revising the compound walland fixing M. S. Grill over the same30,100(iii)Providing acrylic ...

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