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Search Results Judgments > Phrase:MOTOR VEHICLES ACT, 1988 1988 Section 192

Feb 05 2004

L. Royal Reddy and Ors. Vs. Government of Andhra Pradesh and Ors.

  • Decided on : 05-Feb-2004

Court : Andhra Pradesh

Reported in : AIR2004AP347; 2004(2)ALD225; 2004(2)ALT210

... Motor Vehicles Act, 1988 provides for issuance of permits under Section 87 or sub-section (8) of Section 88 of the Act. These permits are granted subject to the conditions attached to the permit. It is to be noticed if any condition of the permit is violated, the appropriate authority under the Motor Vehicles Act is competent to take action under Sections 53, 192 and 192-A of the Act. Section ... not exceeding four months. Section 192 of the Motor Vehicles Act, 1988 provides for punishment and penalty for using the vehicle without registration. It lays down that 'whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of Section 39 shall be punishable ... vehicle-- (i) in any case falling under Clause (a), until the defects are rectified to its satisfaction; and(ii) in any case falling under Clause (b), for a period not exceeding four months. Section 192 of the Motor Vehicles Act, 1988 provides for punishment and penalty for using the vehicle without registration. It lays down that 'whoever drives a motor vehicle or causes or allows a motor vehicle ... motor vehicle, which is used or kept for use. When vehicles are used and contravene permit conditions, to meet such a contingency, no provision is made under the said Taxation Act to levy and collect additional tax on the alleged ground of violation of permit condition. However, it is only under the Motor Vehicles Act, 1988 sufficient provisions are made under Sections 86, 153, 192 ...

Aug 16 1995

N. Ramu and Ors. Vs. Transport Commissioner, Government of A.P. and Or ...

  • Decided on : 16-Aug-1995

Court : Andhra Pradesh

Reported in : 1995(2)ALT860

... direction to the respondents-Motor Vehicle Authorities not to launch prosecution against the petitioners and /or their crew under Section 192-A of the Motor Vehicles Act, 1988 (for short 'the Act') in pursuance of the directions contained in the D.O. letter of the Transport Commissioner dated 3-8-1995, referred to above. They have also sought consequential direction to the Motor Vehicle Inspectors concerned not ... orders on the writ petition. The interim order passed in W.P. No. 10601/95 and the batch directs the respondent-Motor Vehicle Authorities not to collect compounding fee in respect of violation of Section 192-A of the Motor Vehicles Act (emphasis is supplied by the Court) subject to the condition of the owners furnishing bank guarantee for a sum of Rs ... respect of violation of Section 192-A of the Motor 'Vehicles Act subject to the 35 condition of the petitioners furnishing bank, guarantee for a sum of Rs. 3,000-00 (Rupees three thousand only) each to the satisfaction of the Secretary, State Transport Authority, once in every three months commencing from 1st June, 1995. However, the vehicles can be checked ... Section 66 or in contravention of any condition of permit relating to the route on which or the area in which or the purpose for which the vehicle may be used. Therefore, the petitioners are not entitled to the writ of Mandamus to direct the respondents-motor vehicle authorities not to launch prosecution against the operators and their crew under Section 192-A of the Act ...

Nov 30 2007

Sri. K. Srinivas S/o. Rama Swamy and Ors. etc. etc. Vs. The Government ...

  • Decided on : 30-Nov-2007

Court : Andhra Pradesh

Reported in : 2008(3)ALD241; 2008(4)ALT53

... Section 66 read with 192-A of the Motor Vehicles Act, and was plying a vehicle without a permit, could confiscate the vehicle seized. Section 16(6) prescribed an additional penalty of confiscation of a motor vehicle for violation of Section 66 and 192-A of the Motor Vehicles Act, 1988. It is in this context that the Supreme Court observed that, apart from what was available under Section 192-A of the Motor Vehicles Act, additional penalties were prescribed under Section ... Motor Vehicles Act, and was plying a vehicle without a permit, could confiscate the vehicle seized. Section 16(6) prescribed an additional penalty of confiscation of a motor vehicle for violation of Section 66 and 192-A of the Motor Vehicles Act, 1988. It is in this context that the Supreme Court observed that, apart from what was available under Section 192-A of the Motor Vehicles Act, additional penalties were prescribed under Section 16(6) of the State Act ... vehicle, was satisfied that the owner had committed an offence under Section 66 read with 192-A of the Motor Vehicles Act, and was plying a vehicle without a permit, could confiscate the vehicle seized. Section 16(6) prescribed an additional penalty of confiscation of a motor vehicle for violation of Section 66 and 192-A of the Motor Vehicles Act, 1988 ...

Aug 12 1997

G.Bali Reddy and Ors. Vs. Regional Transport Officer and Anr.

  • Decided on : 12-Aug-1997

Court : Andhra Pradesh

Reported in : II(1998)ACC480; 1998(2)ALD92; 1998(2)ALT364

... instructions to his subordinates not to collect the compounding fee or seize the vehicle on the ground of non-payment of compounding fee for any violation of the provisions of Section 192(A) of the Motor Vehicles Act, 1988. It is needless to observe that if any violation of the provisions of Section 192(A) are notice by the police personally, they are at liberty to report ... trying to collect compounding fee even after the judgment of this Court in Writ Petition No.9936 of 1995 dated 23-11-1995 for the alleged violation of Section 192(A) of the Motor Vehicles Act, 1988, the present writ petition is filed.2. It is his further grievance that not only the transport officials but also the police officials are collecting the ... 1995 in exercise of its powers under Section 200 of the Motor Vehicles Act, specifying the compound fee for various offences under the Motor Vehicles Act and also empowered certain officers of Transport Department as well as the Police Department to compound the offence. In that G.O., offences under Section 192(A) of the Act i.e., plying of the vehicles without permission or contravention of the ... this Court in Writ Petition No.9936 of 1995 dated 23-11-1995 held that for the violation of Section 192(A) of the Motor Vehicles Act, the authorities are not empowered to compound the fee in exercise of their powers under Section 200 of the Motor Vehicles Act. Though the judgment has rendered nearly two years back, the officials of Transport Department as well as ...

Feb 02 1994

Satya Narayan Das Vs. Govt. of India and Ors.

  • Decided on : 02-Feb-1994

Court : Orissa

Reported in : II(1994)ACC133; AIR1995Ori253

... of the vehicle and directed the petitioner to appear before the Additional Commissioner, Transport (Enforcement), opposite party No. 3, on 28-6-93. The petitioner appeared before the opposite party No. 3 on 28-6-93 and was asked to pay a minimum fine of Rs. 1,000/- for the purpose of compounding the offence under Section 192 of the Motor Vehicles Act, 1988. The ... , J.1. In this writ application the petitioner has prayed for quashing the vehicle checking report dated 26-3-93 (Annexure 1) and for declaring Rule 52 of the Central Motor Vehicles Rules, 1989 (for short 'the Rules') as ultra vires the provisions of Motor Vehicles Act, 1988 (for short 'the Act'). The petitioner has also prayed for return of the documents seized by the ... Motor Vehicles Act, 1988. The petitioner, however, expressed his inability to pay the said amount of Rs. 1,000/- for compounding the offence and has filed the present writ application. One of the maximum amount that can be demanded by the authorities for the default on the part of the petitioner for not applying for renewal of the certificate for registration of his vehicle ... vehicle checking report (Annexure 1) for alleged offence under Section 192 of the Motor Vehicles Article 1988 and a sum of Rs. 2,000/-was demanded from the petitioner for compounding the said offence. When the petitioner expressed his inability to pay the said amount of Rs. 2,000/-, the flying squad seized the certificate of registration and certificate of Insurance of the vehicle ...

Dec 30 1991

P. Ravindranath Reddy and Ors. Vs. Government of Andhra Pradesh rep. b ...

  • Decided on : 30-Dec-1991

Court : Andhra Pradesh

Reported in : 1993(1)ALT589

... sections attracted by the said offences.'Section 200 of the Motor Vehicles Act, 1988, which came into force with effect from 1-7-1989, provides for composition of certain offences. The aforesaid Government order was issued in exercise of the power under Section 200 by the State Government.3. Section 127-B of the repealed Motor Vehicles Act ... Sections 177, 178, 179, 180, 181, 182, sub-sections (1) and (2) of Section 183, Sections 184, 186, 189, 191, 192, 194, 196 and 198 and also prescribed the minimum amounts to be collected by the aforesaid officers while compounding the offences. For misuse of contract carriage, having more than 13 seats, as a stage carriage, an offence punishable under Section 192(1) of the Motor Vehicles Act ... Section 200 of the Motor Vehicles Act, 1988, which came into force with effect from 1-7-1989, provides for composition of certain offences. The aforesaid Government order was issued in exercise of the power under Section 200 by the State Government.3. Section 127-B of the repealed Motor Vehicles Act, 1939, provided for composition of certain offences. The nature of the offences compoundable under the old Act ...

Apr 09 2007

Smt. Mamta Devi and Anr. Vs. The State of Jharkhand and Ors.

  • Decided on : 09-Apr-2007

Court : Jharkhand

Reported in : [2008(3)JCR671(Jhr)]

... Sections 122, 130, 177, 66(ii), 196, 56/192, 119/177 of the Motor Vehicles Act or Section 28 of the Taxation Act even if the allegations are accepted or proved.18. Section 207 of the Motor Vehicles Act, 1988 provides for detention of vehicle only when the vehicle is used without licence, permit, certificate of registration etc. Section 130 of the said Act ... vehicle in a dangerous position, using vehicle without registration or disobeying the traffic sign and as such no case is made out against the petitioners under Sections 122, 130, 177, 66(ii), 196, 56/192, 119/177 of the Motor Vehicles Act or Section 28 of the Taxation Act even if the allegations are accepted or proved.18. Section 207 of the Motor Vehicles Act, 1988 provides for detention of vehicle only when the vehicle ... vehicle. The allegations are not of leaving the vehicle in a dangerous position, using vehicle without registration or disobeying the traffic sign and as such no case is made out against the petitioners under Sections 122, 130, 177, 66(ii), 196, 56/192, 119/177 of the Motor Vehicles Act or Section 28 of the Taxation Act even if the allegations are accepted or proved.18. Section 207 of the Motor Vehicles Act, 1988 ... detaining/seizing the vehicle. The allegations made in the prosecution report also do not fall within the ambit of Section 129A of the Motor Vehicles Act nor any case under Sections 122, 130, 177, 66(ii), 196, 56/192, 119/177 of the Motor Vehicles Act or under Section 28 of the Taxation Act is made ...

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 04 2002

Gurcharan Singh Arora and Anr. Vs. The State

  • Decided on : 04-Jan-2002

Court : Delhi

Reported in : 2002IIIAD(Delhi)445; 2002CriLJ2130; 96(2002)DLT181; 2002(62)DRJ249

... Sections 332/353/506/34 IPCread with Sections 185 and 39/192 of Motor Vehicles Act.Learned APP for State argued that on 2nd October, 1993along with the report under Section 173 Cr.P.C., SHO of Police Station Patel Nagar had also filed a complaint under Section 195 Cr.P.C. for trial of the petitionerfor the offence under Section 186 IPC. It is thusargued that charge under Section ... of Section 353, IPC wouldequally apply to the provisions of Section 332 of the IPC.' 5. In view of the above decision, learned counselfor petitioners confined his prayer to dropping of thecharge under Section 186 IPC and for directions to thetrial court for proceeding with the trial, for theremaining offences under Sections 332/353/506/34 IPCread with Sections 185 and 39/192 of Motor Vehicles Act ... Section 186 IPC and for directions to thetrial court for proceeding with the trial, for theremaining offences under Sections 332/353/506/34 IPCread with Sections 185 and 39/192 of Motor Vehicles Act.Learned APP for State argued that on 2nd October, 1993along with the report under Section 173 Cr.P.C., SHO of Police Station Patel Nagar had also filed a complaint under Section ... filed the charge-sheet under Section 173 Cr.P.C.Along with the charge-sheet a complaint under Section 195Cr.P.C. by the SHO of P.S. Patel Nagar was also filed.On 29th March, 1994, the Magistrate took cognizance forthe offence under Sections 186/332/353/506/34 IPC andSections 185 and 39/192 of Motor Vehicles Act. On 2ndAugust, 1996 charge ...

Jan 07 2013

K.P.SUNILKUMAR Vs. THE STATE OF KERALA

  • Decided on : 07-Jan-2013

Court : Kerala

... vehicle and carried the same in a van as contended is a disputed question of fact. Whether ` 2,000/- could be levied for one year or for every one vehicle is also a question to be considered. The power to compound under Section 192 (1) of the Act is now vested in the officers of the Department also by virtue of the amendment to the Motor Vehicles Act, 1988 ... Sections 177 and 192 (1) of the Motor Vehicles Act. It is pointed out that a maximum fine of `100/- only could be levied under Section 177 and maximum of `2,000/- could be levied for one year under Section 192 of the Motor Vehicles Act. 2 WP(C) No. 27535/2012 3. The petitioner has a contention that he did not drive the motor vehicles to the registering office for Section 192 of the Act ... from Rule 33 of the Central Motor Vehicles Rules, 1989. The petitioner contends that the only enabling provisions to impose fine are Sections 177 and 192 (1) of the Motor Vehicles Act. It is pointed out that a maximum fine of `100/- only could be levied under Section 177 and maximum of `2,000/- could be levied for one year under Section 192 of the Motor Vehicles Act. 2 WP(C) No. ... `100/- only could be levied under Section 177 and maximum of `2,000/- could be levied for one year under Section 192 of the Motor Vehicles Act. 2 WP(C) No. 27535/2012 3. The petitioner has a contention that he did not drive the motor vehicles to the registering office for Section 192 of the Act to apply. The petitioner contends that the vehicles were taken in a van and ...

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