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Search Results Judgments > Act:MOTOR VEHICLES ACT, 1988 Section 129

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

... 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 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 ... Counsel is that since the Motor Vehicles (Protective Headgears) Rules, 1980 were issued under the repealed Motor Vehicles Act, 1939 and since the said Rules were in force immediately before the commencement of the Motor Vehicles Act, 1988, the said Rules shall be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 ... issued under the repealed Motor Vehicles Act, 1939 and since the said Rules were in force immediately before the commencement of the Motor Vehicles Act, 1988, the said Rules shall be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 contended that Rule 3 of the Motor Vehicles (Protective Headgears) Rules 1980 ...

Sep 29 1993

K. Veeresh Babu and etc. Vs. Union of India and others

  • Decided on : 29-Sep-1993

Court : Karnataka

Reported in : AIR1994Kant56; ILR1993KAR2939; 1993(4)KarLJ769

... certiorari declaring that the impugned Rule 230 of the Karnataka Motor Vehicles Rules based on Section 129 of the Motor Vehicles Act, 1988 and final pronouncement or paper notification by respondent No. 4 as null and void and ultra vires the Constitution or any other direction.W.P.17997/89(a) To strike down Section 129 of the Motor Vehicles Act, 1988 as unconstitutional and the notification given under Annexure-A be ... Section 129 of the Act and the Rule 230 of the Rules as ultra vires of the Constitution.(b) Issue a writ of mandamus or order or direction in the nature of writ not to enforce the provisions of Section 129 and Rule 230 against the petitioners or others who drive or ride the Motor Cycle.W.P. No. 27968/93.(a) declare Section 129 of Motor Vehicles Act, 1988 ... direction in the nature of writ not to enforce the provisions of Section 129 and Rule 230 against the petitioners or others who drive or ride the Motor Cycle.W.P. No. 27968/93.(a) declare Section 129 of Motor Vehicles Act, 1988 as ultra vires and consequently strike down Rule 230 of the Karnataka Motor Vehicles Rules, 1989.(b) direct the respondents 2 and 4 not to insist ... other direction.W.P.17997/89(a) To strike down Section 129 of the Motor Vehicles Act, 1988 as unconstitutional and the notification given under Annexure-A be quashed by a writ of certiorari and for such other writ or order or direction.W.P. 18344/89(a) Declare the provisions of Section 129 of the Act and the Rule 230 of the Rules, as ultra vires ...

Oct 04 1993

State of Karnataka Vs. Mohammed Illyas

  • Decided on : 04-Oct-1993

Court : Karnataka

Reported in : ILR1993KAR2812; 1994(3)KarLJ628

... Motor Vehicles Act, 1939 and Motor Vehicles Act, 1988 in so far as they seek to compound the offences under Section 127-B of the Motor Vehicles Act of 1939 analogous to Section 200 of the 1988 Act, They further project a question as to under what circumstances the concerned motor vehicles plying under tourist vehicle permits issued under the aforesaid Acts can be seized and detained by those authorities in exercise of their powers under Section 129 ... Motor Vehicles Act, 1988 in so far as they seek to compound the offences under Section 127-B of the Motor Vehicles Act of 1939 analogous to Section 200 of the 1988 Act, They further project a question as to under what circumstances the concerned motor vehicles plying under tourist vehicle permits issued under the aforesaid Acts can be seized and detained by those authorities in exercise of their powers under Section 129-B of the 1939 Act ... Section 200 & 207 of the Motor Vehicles Act, 1988?5. Whether operators of the tourist vehicles are entitled to a declaration that the tourist vehicles under valid tourist permits for countrywide operation between one terminus in home State and another terminus in another State are not liable to be seized and detained under the provisions of Section 129-A of the Motor Vehicles, Act, 1939 or under Section 207 of the Motor Vehicles Act, 1988 ...

Jan 25 2000

The Kerala Auto Two Wheelers Association Vs. S.S. Sathjith and Ors.

  • Decided on : 25-Jan-2000

Court : Kerala

Reported in : I(2000)ACC478; AIR2000Ker118

... Sections 128 and 129 of the Motor Vehicles Act (59 of 1988) strictly throughout the State of Kerala and further direct the respondents to take appropriate action against the police officials in case they do not implement these provisions meticulously and efficiently.2. The writ petition has been filed by the petitioner for implementing Sections 128 and 129 of the Motor Vehicles Act, 1988. In the writ petition Sections 128 and 129 of the Act ... Sections 128 and 129 of the Motor Vehicles Act, 1988. In the writ petition Sections 128 and 129 of the Act have been extracted at page 2 of the original petition. Sections 128 and 129 as referred to in the writ petition are reproduced hereunder :'128. Safety measures for drivers and pillion riders : (1) No driver of two wheeled motor ... 129 of the Motor Vehicles Act, 1988. In the writ petition Sections 128 and 129 of the Act have been extracted at page 2 of the original petition. Sections 128 and 129 as referred to in the writ petition are reproduced hereunder :'128. Safety measures for drivers and pillion riders : (1) No driver of two wheeled motor cycle shall carry more than one person in addition to himself on the motor ...

Nov 19 1986

Ishwar Singh Bagga and Ors. Vs. State of Rajasthan

  • Decided on : 19-Nov-1986

Court : Supreme Court of India

Reported in : AIR1987SC628; JT1986(1)SC892; 1986(2)SCALE881; (1987)1SCC101; [1987]1SCR300; 1987(1)LC66(SC); 1987(1)WLN20

... Section 68-D(3) of the Act the power that can be exercised under Section 129-A of the Act by police officers who are empowered in that behalf. The Notification reads as follows:RAJASTHAN RAJPATRADated 7.8.1975HOME (Cr. X) DEPARTMENTNOTIFICATIONJaipur, July 15, 1975O.O. 420. In exercise of the power conferred by Section 129-A of the Motor Vehicles Act, 1939 (Central Act ... Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') carrying on business in the State of Rajasthan and other adjoining States. Under the said permits they are entitled to run the contract carriages throughout Rajasthan except on the notified routes. Some of them also own motor vehicles which are covered by permits issued under Section 63(7) of the Act ... Act in respect of that vehicle.4. Section 129-A was introduced into the Act by Section 20 of the Motor Vehicles (Amendment) Act, 1942 (Act 20 of 1942). Section 133-A was introduced by Section 21 of the very Amending Act. Originally Section 133-A contained only the first three sub-sections. Sub-sections (4) and (5) to Section 133-A were added later. Now Section 133-A reads thus:133-A. Appointment of motor vehicles ...

Jan 22 2001

Girish Uskaikar Vs. Chief Secretary and Anr.

  • Decided on : 22-Jan-2001

Court : Mumbai

Reported in : 2001(4)BomCR122

... Section 129 of the Motor Vehicles Act, 1988, makes it compulsory for the driver as well as the pillion rider of two wheeler motor cycles, to wear protective headgear (helmet) with the only exception in respect of Sikhs, who, otherwise wear a turban. Section 129 of the Motor Vehicles Act reads thus :---'129. Wearing of protective hear gear.---Every person driving or riding (otherwise than in a side car, on a motor ... averred that the legislation in this regard is discriminatory, since the Motor Vehicles Act provides for exemption in respect of the Sikh community. The party in person therefore contended that the decision taken by the Government of Goa to implement section 129 of the Motor Vehicles Act, 1988 and Rule 273 of the Goa Motor Vehicles Rules, 1991, is bad in law since the same is ... of the parties.2.The petitioner in person in the instant petition, has challenged the decision taken by the Government of Goa to implement section 129 of the Motor Vehicles Act, 1988 and Rule 273 of the Goa Motor Vehicle Rules, 1991, in the larger interest of the society on the following grounds :---(i) that the decision taken by the Government of Goa ... , therefore, in our opinion, it will be appropriate to defer the implementation of this decision taken by the Government of Goa in view of section 129 of the Motor Vehicles Act, 1988 and Rule 273 of the Goa Motor Vehicles Rules, 1991, by two months from the date of publication of our decision in various modes suggested by us in media, by the ...

Aug 26 1983

The Transport Commissioner, Andhra Pradesh, Hyderabad and Anr. Vs. S. ...

  • Decided on : 26-Aug-1983

Court : Supreme Court of India

Reported in : II(1984)ACC153; AIR1983SC1225; 1983(2)SCALE206; (1983)4SCC245; [1983]3SCR729

... Motor f, Vehicles Act and the Criminal Procedure Code. We do not have the slightest hesitation in rejecting the contention that there is any infringement of the fundamental right guaranteed by Article 19(1)(g) of the Constitution and in upholding the vires of Section 129-A of the Motor Vehicles Act.8. One of the Learned Counsel submitted that when a tourist motor vehicle was seized under Section 129 ... vehicle before the Court. Thus if the provisions of the Motor Vehicles Act are read in conjunction with the provisions of the CrPC and there is no getting away from the provisions of both the laws it is seen that there is no lacuna whatsover in regard to the proper custody and disposal of the motor vehicle seized under Section 129-A of the Motor Vehicles Act. The custody of the vehicle ... Motor Vehicles Act and any notification issued by the Government in that behalf. Section 127-B may also be extracted here and it is as follows :127-B (1) Any offence (whether committed before or after the commencement of Section 26 of the Motor vehicles (Amendment Act, 1982) punishable under Section 112, Section 113, Section 113A, Section 113B, Section 114, Sub-section (1) and (2) or Section 115, Section 116, Section 118, Section 120 Section 122, Section 123, Section 124, Section ...

Jun 25 2002

Prabhanshu Kamal and Ors. Vs. Awadhesh Singh Bhadoriya and Anr.

  • Decided on : 25-Jun-2002

Court : Madhya Pradesh

Reported in : 2003(1)ALT(Cri)1; 2002CriLJ4532; 2002(3)MPHT496

... to wear Headgear is according to the provisions of the Motor Vehicles Act. Counsel for petitioners invited attention to the provisions of Section 129 of Motor Vehicles Act. Section 129 of Motor Vehicles Act is reproduced below:--'129. Wearing of protective headgear.-- Every person driving or riding (otherwise than in a side car, on a motor-cycle of any class or description) shall, while in a ... Judge and First Additional Sessions Judge, Gwalior.2. A complaint under Section 200 of Code of Criminal Procedure was filed in the Court of Special Judge alleging an offence under Section 13(1) of Prevention of Corruption Act, 1988 (hereinafter referred to as an Act). On filing of complaint Special Judge without going through the contents ... Section 129 of Motor Vehicles Act. Section 129 of Motor Vehicles Act is reproduced below:--'129. Wearing of protective headgear.-- Every person driving or riding (otherwise than in a side car, on a motor-cycle of any class or description) shall, while in a public place, wear (protective headgear conforming to the standards of Bureau of Indian Standards):Provided that the provisions of this section ... complaint had no merit and is dismissed. However, before parting, it is directed that the authority shall strictly enforce the provisions of Section 129 of Motor Vehicles Act and Rule 213 of Madhya Pradesh Motor Vehicles Rules and any person obstructing the enforcement of law should be taken to task and suitable criminal action be initiated against the ...

Jul 12 1999

Dr. Joseph Manadan and etc. Vs. Transport Commissioner, Govt. of Keral ...

  • Decided on : 12-Jul-1999

Court : Kerala

Reported in : AIR2000Ker20

... relate to implementation of Section 128 and 129 of the Motor Vehicles Act, 1988. Therefore, they are disposed of together. Section 128 of the Motor Vehicles Act reads as follows :'128. Safety measures for drivers and pillion riders : (1) No driver of two wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such ... 129 of the Motor Vehicles Act, 1988. Therefore, they are disposed of together. Section 128 of the Motor Vehicles Act reads as follows :'128. Safety measures for drivers and pillion riders : (1) No driver of two wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the Motor ... safety measures mentioned in Sub-Section (1) the Central Government may prescribe other safety measures for the Drivers of two wheeled motor cycles and pillion riders thereon.' Section 129 of the Motor Vehicles Act reads as follows :'129. Wearing of protective head gear :Every person driving or riding (otherwise than in a side car on a motor cycle of any class ... fixed to the Motor Cycle behind the driver's seat with appropriate safety measures;(2) In addition to the safety measures mentioned in Sub-Section (1) the Central Government may prescribe other safety measures for the Drivers of two wheeled motor cycles and pillion riders thereon.' Section 129 of the Motor Vehicles Act reads as follows :'129. Wearing of ...

Sep 09 1996

D.P. Sharma and others Vs. Union of India and others

  • Decided on : 09-Sep-1996

Court : Karnataka

Reported in : 1999(4)KarLJ229

... Section 207 of the Motor Vehicles Act, 1988 (hereinafter called 'the Act') has been challenged in these writ petitions mainly on the ground of its being violative of Articles 14 and 19 of the Constitution of India. It is further submitted that in the absence of rules as contemplated under the section, the provisions are ... Section 129-A of the Motor Vehicles Act of 1939, the honourable Supreme Court examining its constitutional validity was aware of the proviso conferring discretion and despite that did not find any ground to declare the said section to be unconstitutional. As Section 207 of the Act along with the proviso is pari materia to the provisions of Section 129-A of Motor Vehicles Act ... Motor Vehicles Act, 1988 (hereinafter called 'the Act') has been challenged in these writ petitions mainly on the ground of its being violative of Articles 14 and 19 of the Constitution of India. It is further submitted that in the absence of rules as contemplated under the section, the provisions are unworkable. A declaration is sought to the effect that till rules as per sub-section ... Act of 1988, a corresponding provision in the form of Section 129-A was existing in the Motor Vehicles Act, 1939, being Central Act No. IV of 1939. The Supreme Court in Transport Commissioner, Andhra Pradesh, Hyderabad and Another v S. Sardar Ali and Others, had the opportunity to determine the constitutional validity of Section 129-A of Central Act No. IV of 1939. Dealing with the question of the said section ...

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