Skip to content

Filter by :

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

Sep 24 1986

K. Nageswar Rao Achari Vs. State of Orissa and Anr.

  • Decided on : 24-Sep-1986

Court : Orissa

Reported in : 62(1986)CLT728; 1986(II)OLR500

... vehicle was made by a Traffic inspector of the Transport Department purporting to act under the provisions of the Motor Vehicles Act and the Orissa Motor Vehicle (Taxation of Passengers) Act or the Orissa Motor Vehicles Taxation Act.6. Mr. C.V. Murty extensively argued regarding non-applicability of Section 129-A of the Motor Vehicles Act and Sections 15 and 17 of the Orissa Motor Vehicles (Taxation of Passengers) Act or Section 17 of the Orissa Motor Vehicles Taxation Act ... act under the provisions of the Motor Vehicles Act and the Orissa Motor Vehicle (Taxation of Passengers) Act or the Orissa Motor Vehicles Taxation Act.6. Mr. C.V. Murty extensively argued regarding non-applicability of Section 129-A of the Motor Vehicles Act and Sections 15 and 17 of the Orissa Motor Vehicles (Taxation of Passengers) Act or Section 17 of the Orissa Motor Vehicles Taxation Act to the case in support of his prayer for release of the vehicle ... Section 457 of the Code is not applicable, because the seizure of the vehicle was made by a Traffic inspector of the Transport Department purporting to act under the provisions of the Motor Vehicles Act and the Orissa Motor Vehicle (Taxation of Passengers) Act or the Orissa Motor Vehicles Taxation Act.6. Mr. C.V. Murty extensively argued regarding non-applicability of Section 129-A of the Motor Vehicles Act and Sections 15 and 17 of the Orissa Motor Vehicles ...

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 ...

Oct 18 1966

Sindhi Sahiti Multipurpose Transport Co-operative Society Ltd. Vs. Mun ...

  • Decided on : 18-Oct-1966

Court : Madhya Pradesh

Reported in : AIR1967MP169

... Section 68 (2) (r) of the Motor Vehicles Act, 1939, by the competent authority and the Municipal Council has no power whatsoever under the Act of 1961 to declare a certain land as Bus Stand and to regulate the use of it by persons in charge of motor vehicles; that in any case Sub-clauses (f) and (m) of Clause (7) of Section 358 of the Act ... a Bus Stand. The short answer to this contention is that the taxes enumerated in Section 127 which a Municipal Council can impose can be levied only after following strictly the procedure laid down in Section 129. Where the procedure for imposing a tax has not been strictly complied with, the ... stand under the Motor Vehicles Act, must be rejected.8. The declaration of a land belonging to the Municipal Council as a Bus Stand under the Motor Vehicles Act, 1939, does not, however, prevent the Municipal Council from exercising its power under Sub-clause (m) of Clause (7) of Section 358 of the Act of ... by persons in charge of motor buses plying for hire. The petitioner's further contention is that a bus stand can be notified only under Section 68 (2) (r) of the Motor Vehicles Act, 1939, by the competent authority and the Municipal Council has no power whatsoever under the Act of 1961 to ... Council in exercise of the power conferred on it by Sub-clause (m) of Clause (7) of Section 358.7. It is no doubt true that under Section 68 (2) (r) of the Motor Vehicles Act, 1939 the State Government can make rules for 'prohibiting the picking up or setting down of ...

Oct 12 1983

Dayabhai Punambhai Patel Vs. State of M.P. and Anr.

  • Decided on : 12-Oct-1983

Court : Madhya Pradesh

Reported in : AIR1984MP31

... section (5) of Section 129 of the said Act.5. The grievance of the petitioner has been that the Anjad Municipality has not declared, a particular place as the bus-stand as laid down under Section 76 and Section 68 (2) (r) and (s) of the Motor Vehicles Act and that under Section 127 of the Municipalities Act, the Municipality is not empowered to levy a tax on halting of vehicles ... as laid down under Section 76 and Section 68 (2) (r) and (s) of the Motor Vehicles Act and that under Section 127 of the Municipalities Act, the Municipality is not empowered to levy a tax on halting of vehicles or for a bus-stand without following the prescribed procedure and that even according to Section 358 (7) (m) of the Municipalities Act, the Municipality cannot ... of the Motor Vehicles Act and that under Section 127 of the Municipalities Act, the Municipality is not empowered to levy a tax on halting of vehicles or for a bus-stand without following the prescribed procedure and that even according to Section 358 (7) (m) of the Municipalities Act, the Municipality cannot impose any fees for halting buses because even according to this section a ... the hearing of this petition.4. Section 127 of the M. P. Municipalities Act deals with the imposition of taxes which could be levied by the Municipal Council. Section 129 deals with the procedure to be adopted by the Council while imposing any tax as provided under Section 127. According to the provisions of Section 129 when such a resolution has been passed ...

Jun 21 2005

Jilani Nasiruddin Gore Vs. The State of Maharashtra, (through Inspecto ...

  • Decided on : 21-Jun-2005

Court : Mumbai

Reported in : 2005(3)MhLj1058

... has taken the view that luxury bus carrying passengers, excess in number than allowed by the permit, does not amount to contravention of requirement of Section 207 of the Motor Vehicles Act, 1988, for which reason, seizure and retention of vehicle on that count was not authorised.6. In the present case, however, I find substance in the submission canvassed on behalf of the Respondent ... his possession, arrest him.''132. [When anything has been seized under the provisions of this Act by a Prohibition Officer exercising powers under Section 129 or by an Officer in charge of a Police Station], or has been sent to him in accordance with the provisions of this Act, such Officer, after such enquiry, as may be deemed necessary,-(a) if it appears ... an offence against this Act or any other law for the time being in force relating to excise, revenue, and if such person has any intoxicant, hemp, mhowra flowers, molasses or [other thing] in his possession, arrest him.''132. [When anything has been seized under the provisions of this Act by a Prohibition Officer exercising powers under Section 129 or by an ... believe that the same is liable to confiscation under the Act. These provisions clearly answer the issue that arises for consideration in the present case against the Applicant. The expression 'any other thing' occurring in clause (c) of Section 120 juxtaposed with Section 98, in particular, sub-section (2) thereof would envelope the vehicle used for transporting of item such as fire wood ...

Mar 25 2008

R.G. Holdings Private Limited Vs. The State of Bihar and Anr.

  • Decided on : 25-Mar-2008

Court : Patna

... the Motor Vehicles Act, 1988. This is an Act, as preamble reads, to consolidate and amend the laws relating to motor vehicles. Motor vehicle is defined by Section 2(28) of the Act. A reference to the said provision would show that any mechanically perpelled vehicle adapted for use on road would generally be a motor vehicle. Section 2(33) defines a private service vehicle. It means generally a motor vehicle carrying ... vehicle and ultimately pursuant to orders of this Court, the vehicle was released after eight months of detention by respondents No. 2 and 3.17. In respect to the first issue, it is necessary to refer to various provisions of the Motor Vehicles Act, 1988. This is an Act, as preamble reads, to consolidate and amend the laws relating to motor vehicles. Motor vehicle is defined by Section 2(28) of the Act ... time, stand is taken that in terms of Section 200 of the Motor Vehicles Act, 1988 and notification of the State Government No. 5029 dated 09.12.2000, inter alia, DTOs were authorised to compound offences meaning thereby that he had the authority to compound offences and, as such, detained the vehicle till he passed compounding order and realized ... Bagh in the district of Purnea. A seizure list was prepared by respondent No. 2 being respondent No. 3 in person, purporting to be under Section 177 of the Motor Vehicles Act, 1988 allegedly for not carrying any paper. Seizure list is Annexure-1 to the writ petition and is Annexure-VIII to the counter affidavit and Annexure- ...

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 ...

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 ...

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 ...

Mar 03 2005

Free Legal Aid Cell (NGO) Vs. Govt. of Maharashtra and Ors.

  • Decided on : 03-Mar-2005

Court : Mumbai

Reported in : AIR2005Bom271; 2005(6)BomCR429

... the provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') and Rules framed thereunder are strictly followed.4. Pursuant to the show cause notice issued by this Court, reply affidavit has been filed by the Deputy Secretary to Government, Home Department, Mantralaya. It is stated in the said reply that the Act has been passed by ... Motor Vehicles Act. Even though the use of helmet cannot prevent an accident from taking place, it can certainly reduce the intensity of the impact to the head in case of one.'17. To accomplish this object, the respondent-State and Helmet manufacturers must start vigorous campaign of educating people, People must be told that complete adherence to the provisions of Section 129 of the Act ... Sections 128 and 129 of the Act. In case the provisions of Section 129 of the Act are strictly implemented, the majority of the fatal accidents can be avoided. The object, and reasons for incorporating Section 129 of the Act were for safety and welfare of the drivers and pillion-riders of two wheeler vehicles.6. We are in complete agreement with the petitioner that Section 129 of the Act ... motor cycle and of pillion- rider happens in majority of the cases because they do not wear helmet in spite of mandatory provisions of Sections 128 and 129 of the Act. In case the provisions of Section 129 of the Act are strictly implemented, the majority of the fatal accidents can be avoided. The object, and reasons for incorporating Section 129 of the Act ...

Get Latest cases on this phrase via RSS

RSS feed
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //