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

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 ...

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 ...

Jun 22 1993

Rifakatalikhan Vs. State of Maharashtra

  • Decided on : 22-Jun-1993

Court : Mumbai

Reported in : 1994(4)BomCR75; 1993CriLJ3844

... s. 20(b) of the NDPS Act and under section 66(1)(b) of the Bombay Prohibition Act, the appellant was also charged u/s. 132(1)(a) r/w Section 179 of the Motor Vehicles Act for not obeying the orders of P.S.I. Baheti (P.W. 7) and speeding up the vehicle. After completion of investigation and ... judgment of the Rajasthan High Court, Criminal Appeal No. 227/1988 with Appeal No. 253/1988 decided on October 7, 1988, and reported in 1989 EFR 410, a xerox copy of which was subsequently furnished to us, to rely upon the observations that as the Act provides very severe punishment and the minimum punishment awarded ... . 27. For the above reasons, appeal stands dismissed. The order of conviction, firstly under section 20(b) of the NDPS Act, 1985, and secondly under section 66(1)(b) of the Bombay Prohibition Act, stands confirmed. 28. Under the NDPS Act, 1985, sentence of rigorous imprisonment for 10 years and fine of Rs. 1,00,000 ... must be noted that in fact the learned counsel candidly stated that he wished to make no submissions with regard to Section 52-A of the Act. 19. Provisions of Section 55 of the Act require an officer-in-charge of the Police Station to take charge of and keep in safe custody all articles seized ... he was possessing and, therefore, to expect non-compliance of Section 52 of the Act, in that he was not informed of the ground of his arrest, is an empty formality. The learned Judge also held that Section 52-A of the Act is also complied with because P.S.I. Baheti was himself ...

Aug 09 2000

M.P. All India Tourist Permit Owners Vs. State of M.P. and Ors.

  • Decided on : 09-Aug-2000

Court : Madhya Pradesh

Reported in : 2001(5)MPHT15

... Motor Vehicles Act, 1988 and is repugnant to Section 192A and other provisions of the said Act which provides a complete code in itself and the amendment is within the purview of Entry 35, List III of Seventh Schedule to the Constitution of India.29. The main plank of submission raised by the petitioners is based on Sections 66, 192A, 200, 207 and 208 of the Motor Vehicles Act, 1988. Section ... Motor Vehicles Act, 1988.34. Further, Section 200 of the Motor Vehicles Act, 1988 deals with the compounding of certain offences punishable under Sections 177, 178, 179, 180, 181, 182 and other sections mentioned therein. Section 208 contains the procedure for disposal of cases as summary trial.35. On behalf of the petitioners it has been urged that both the enactments i.e. the Motor Vehicles Act, 1988 and the Madhya Pradesh Motoryan Karadhan Adhiniyam, Amendment Act ... on Sections 66, 192A, 200, 207 and 208 of the Motor Vehicles Act, 1988. Section 66 deals with the necessity for permits by providing 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 ... sections (5) to (8) and Sections 20-A, 20-B and 20-C and its irreconcilability with Section 66 of Motor Vehicles Act, 1988 Section 192A and other provisions, it becomes crystal clear that there is no entrenchment for the reason that the matters covered by the M.P. Motoryan Karadhan Adhiniyam, 1991 and Motor Karadhan (Sanshodhan) Adhiniyam, 1999 (Act ...

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 ...

Aug 29 2000

Punjab Travels Co. Vs. Union of India and Co.

  • Decided on : 29-Aug-2000

Court : Rajasthan

Reported in : 2000(3)WLC755; 2001(1)WLN707

... Motor Vehicles Act, 1988. The said Notification is enclosed as Annx. 11 to the writ petition and reads as under:-GOVERNMENT OF RAJASTHAN TRANSPORT DEPARTMENT No.F6.(179)/Pari/Tax/HQrs/95/l6 Jaipur, Dated : 31st March, 97 NOTIFICATION In exercise of the powers conferred by clause (c) of sub sec. (1) of section 4 and Section 4-B of the Rajasthan Motor Vehicle Taxation Act 1951, (Rajasthan Act ... Section 88(9) of the Motor Vehicles Act, 1988. The said Notification is enclosed as Annx. 11 to the writ petition and reads as under:-GOVERNMENT OF RAJASTHAN TRANSPORT DEPARTMENT No.F6.(179)/Pari/Tax/HQrs/95/l6 Jaipur, Dated : 31st March, 97 NOTIFICATION In exercise of the powers conferred by clause (c) of sub sec. (1) of section 4 and Section 4-B of the Rajasthan Motor Vehicle Taxation Act ... was payable on the contract carriage under Sec. 4(1) as well as 4-B which ply within the State on permits issued under Section 88(9) of the Motor Vehicles Act, 1988. The said Notification is enclosed as Annx. 11 to the writ petition and reads as under:-GOVERNMENT OF RAJASTHAN TRANSPORT DEPARTMENT No.F6.(179)/Pari/Tax/HQrs/95/l6 Jaipur, ... by sub-section (14) read with sub-section (9) of section 88 of the Motor Vehicles Act, 1988'. Sub-section (14) of Sec. 88 empowers the Central Govt. to make rules for implementing the provisions of Section 88 which deals with issue and validation for any permit to operate beyond the territory of concerned State which has issued permits. Sub- section (9) of Sec. 88 makes ...

Mar 11 1997

Bimalchand Vs. Rajammal and 4 Ors.

  • Decided on : 11-Mar-1997

Court : Chennai

Reported in : 1998ACJ802; 1997(2)CTC269; (1997)IIMLJ630

... in after considering, the definition of owner contained in Section 2(19) of the Motor Vehicle Act, 1939.7. In L.I.C. of India v. Raj Kumari Mittal, 1985 ACJ 179, a Division Bench of the Allahabad High Court has taken a similar view. After considering the definition of owner contained in Sections 2(19) of the Act, the learned Judges of the Allahabad High Court ... the owner of the vehicle at the time of the accident under the terms of hire purchase agreement. The learned Judges of the Karnataka High Court had taken the said view in after considering, the definition of owner contained in Section 2(19) of the Motor Vehicle Act, 1939.7. In L.I.C. of India v. Raj Kumari Mittal, 1985 ACJ 179, a Division Bench ... the respondents/claimants contended that Under Section 92-A of the Motor Vehicles Act the Appellant will also be liable.5. As per the definition contained in Section 2(19) of the Motor Vehicles Act, 1939 'owner' is defined as follows:-'Owner means, where the person in possession of a motor vehicle is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject ... Motor Vehicles Act the Appellant will also be liable.5. As per the definition contained in Section 2(19) of the Motor Vehicles Act, 1939 'owner' is defined as follows:-'Owner means, where the person in possession of a motor vehicle is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire purchase agreement, the person in possession of the vehicle ...

Dec 04 2013

Annu @ Aravinda Vs. Sub Inspector of Police

  • Decided on : 04-Dec-2013

Court : Kerala

... offences punishable under Sec.3(1) of the PDPP Act and Sec.132 (1) read with Sec.179 of the Motor Vehicles Act, apprehends arrest and has filed this application.2. Learned Public Prosecutor, while opposing the application has submitted that on 23.10.2013 at about 11 p.m., the Sub Inspector and party while on patrol duty signaled a vehicle to stop but, the vehicle sped away and ... away and in the process, hit bumper of the Police jeep causing loss of around Rs.5,000/- (Rupees five thousand only). The petitioner was driving that vehicle. It is submitted that the petitioner is involved in seven abkari cases.3. Learned counsel has submitted that the petitioner is not involved in the alleged incident.4. Having regard ...

Dec 04 2013

Mr.Nishanth Vs. State of Kerala

  • Decided on : 04-Dec-2013

Court : Kerala

... offences punishable under Sec.3(1) of the PDPP Act and Sec.132 (1) read with Sec.179 of the Motor Vehicles Act, apprehends arrest and has filed this application.2. Learned Public Prosecutor, while opposing the application has submitted that on 23.10.2013 at about 11 p.m., the Sub Inspector and party while on patrol duty signaled a vehicle to stop but, the vehicle sped away and ... away and in the process, hit bumper of the Police jeep causing loss of around Rs.5,000/- (Rupees five thousand only). The petitioner was driving that vehicle. It is submitted that the petitioner is involved in seven abkari cases.3. Learned counsel has submitted that the petitioner is not involved in the alleged incident.4. Having regard ...

Dec 04 2013

Orma Timbers Vs. State of Kerala

  • Decided on : 04-Dec-2013

Court : Kerala

... offences punishable under Sec.3(1) of the PDPP Act and Sec.132 (1) read with Sec.179 of the Motor Vehicles Act, apprehends arrest and has filed this application.2. Learned Public Prosecutor, while opposing the application has submitted that on 23.10.2013 at about 11 p.m., the Sub Inspector and party while on patrol duty signaled a vehicle to stop but, the vehicle sped away and ... away and in the process, hit bumper of the Police jeep causing loss of around Rs.5,000/- (Rupees five thousand only). The petitioner was driving that vehicle. It is submitted that the petitioner is involved in seven abkari cases.3. Learned counsel has submitted that the petitioner is not involved in the alleged incident.4. Having regard ...

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