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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

K.P. Mohapatra, J.1. This revision is directed against the order passed by the learned Sub-Divisional Judicial Magistrate, Berhampur, rejecting a petition Under Section 457 of the Code of Criminal Procedure 'Code' for short).2. The relevant facts are narrated below. The petitioner is the owner of a passenger bus bearing registration No. ORC 4345. On 4-9-1985 the bus was found carrying 35 passengers at Dura on Berhampur-Gopalpur road. The Traffic Inspector of Chatrapur inspected the vehicle and noticed the following defects.1. There was no route permit;2. There was no R. C. book;3. There was no fitness certificate;4. There was no insurance certificate;5. There was no passenger tax clearance certificate for the sum of Rs. 50,614/- assessed upto 30-9-13;6. Tickets were not issued to any of the passengers;7. The Conductor of the vehicle did not possess a Conductor's licence; and8. The driver of the vehicle was not wearing a driver's badge.Therefore, the Traffic Inspector seized the vehicle...
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

O. Chinnappa Reddy, J.1. The Andhra Pradesh High Court has declared Section 129-A of the Motor Vehicles Act unconstitutional and it void as offending Article 19(1)(g) of the Constitution of India. We may straight away say that the judgment of the High Court suffers from serious infirmities, not the least of which is the total failure to notice and consider the applicability of the provisions of the CrPC to the situation.2. On an oral application by the Advocate General, the High Court granted leave to appeal to the Supreme Court. Presumably, by 'leave' the High Court meant a certificate as provided under the Constitution. The order of the High Court regarding the grant of 'leave' to appeal to this Court is in the following terms: 'An oral application for leave to appeal to the Supreme Court has been made by the Learned Advocate General. The question whether 129-A of the Motor Vehicles Act is ultra-vires the Constitution on the ground that it infringes Article 19(1)(g) of the Constituti...
Oct 18 1966

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

  • Decided on : 18-Oct-1966

Court : Madhya Pradesh

Reported in : AIR1967MP169

Dixit, C.J.1. By this application under Article 226 of the Constitution the petitioner, Sindhi Sahiti Multipurpose Transport Co-operative Society Ltd., challenges the validity of the bye-laws of the Bhopal Municipal Council issued in the Gazette dated 6th November 1964 prohibiting all persons in charge of motor buses plying for hire from taking up or setting down passengers, or parking, or stopping their buses anywhere within the limits of the Bhopal Municipality except at a Bus Stand situated on Hamidia Road. Bhopal, and prescribing fees for the use of the Bus Stand. The petitioner prays that the aforesaid bye-laws be declared invalid and the respondents be restrained from giving effect to the bye-laws in any manner.2. The impugned bye-laws were published in the Madhya Pradesh Gazette dated 6th November 1964. The preamble to the bye-laws recites that in exercise of the powers conferred by Section 357(3) of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act...
Oct 12 1983

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

  • Decided on : 12-Oct-1983

Court : Madhya Pradesh

Reported in : AIR1984MP31

P.D. Mulye, J.1. The petitioner, who is a passenger transport operator, has filed this petition under Articles 226 and 227 of the Constitution to quash the resolution No. 26 dated 31-5-1982 passed by the Municipal Council, Anjad (Annexure-B) whereby they have decided to impose Adda Tax or fees at the rate of Rs. 2/- per bus per day which enters or passes through the bus stand at Anjad and in implementation thereof by Annexure-C which is a letter dated 1-6-1982 addressed by the Chief Municipal Officer, Anjad to the petitioner, he has been directed to pay the Adda Tax at Rs. 2/- per day per bus with effect from 1-7-1982.2. The short facts giving rise to this petition may be stated, in brief thus : The petitioner holds six stage carriage permits to ply passenger buses from Barwani which pass through the area of Anjad Municipality. The respondent No. 1 by Annexure-A; which is a letter dated 1-12-1981 addressed to all the municipalities invited suggestions regarding levy of such a tax or fe...
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

A.M. Khanwilkar, J.1. This Application under Section 482 of the Code of Criminal Procedure takes exception to the order passed by the Court of Sessions for Greater Bombay dated March 19, 2004 dismissing the Revision Application No. 125 of 2004 preferred by the Applicant, thereby confirming the order passed by the Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai in case No. 2/N/2004 allowing the Applicant's request for custody of truck on condition stated in the order.2. The prosecution case is that the truck belonging to the Applicant bearing registration No. MWU-7711 was intercepted on 28th December 2003, when it was found loaded with fire wood, which was being carried from the Forest, to be delivered at the site where country liquor was illegally manufactured by local bootleggers. On that basis, the truck in question was seized in connection with C.R. No. 590 of 2003. On the other hand, the case of the Applicant is that false case has been registered by the local police. Acc...
Mar 25 2008

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

  • Decided on : 25-Mar-2008

Court : Patna

Navaniti Prasad Singh, J.1. Petitioner is the owner of a public carrier truck No. HR55/1330 and while it was carrying for the work undertaken by the Company, cable wiring, machines and other articles and equipments to Bahadurganj in district-Kishanganj being the worksite of the petitioner-Company, the truck was seized by District Transport Officer (DTO), Purnea, respondent No. 2 who is respondent No. 3, in person at Zero Mile, Gulab Bagh in the district of Purnea on 04.04.2007. The writ petition was filed on 25.07.2007 as by then the said respondent had merely held back the truck seized and was not releasing the same. Thus, the writ application was ostensibly filed for release from illegal seizure and compensation for long, illegal detention of the truck. In course of the proceedings on 08.11.2007, a counter affidavit was filed by respondent No. 2, the DTO Purnea and on prima facie satisfaction of this Court that the authority had acted willfully mala fide, he (DTO Purnea) was direct...
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

ORDER1. Reliefs sought for by each of the petitipetitioners in the following writ petitions are as detailed below.W.P. No. 17519/89(a) Writ in the nature of 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 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 of the Constitution.(ii) Issue a writ of mandamus or order or direction in the nature of a writ not to enforce the provision of Section 129 and Rule 230 against the petitioners or others who drive or ride the motor cycle.W.P. 24862/9...
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

AR. Lakshmanan, J.1. The Kerala Auto Two Wheelers Association, represented by its Secretary, who obtained leave in C.M.P. No. 5037 of 1999 to file appeal against the Judgment in O.P. No. 17480 of 1998 dated 12-7-1999 is the appellant in this appeal. The first respondent is the petitioner in that original petition. The second respondent is the State of Kerala represented by its Chief Secretary and the third respondent is the Director General of Police. Trivandrum. The first respondent is a practising lawyer-belonging to the Cherthala Bar Association. He filed the writ petition for a mandamus directing the respondents to implement 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 t...
Jan 22 2001

Girish Uskaikar Vs. Chief Secretary and Anr.

  • Decided on : 22-Jan-2001

Court : Mumbai

Reported in : 2001(4)BomCR122

D.D. Sinha, J.1. Heard petitioner in person and learned Government Advocate for the respondents. Rule made forthwith by consent 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 is motivated by some persons with vested interest;(ii) that the decision, if implemented, shall foster the interest of vested people to amass huge amount by unscrupulous means;(iii) that some Minister's relatives are connected with the business of helmets and in order to achieve their ulterior motive they have succeeded in persuading the Government to take the above referred decision and impose the use of helmet; and(iv) the decision taken by the Government of Goa is likely to affect the common people since two-w...
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

Dalveer Bhandari, C.J.1. The present petition has been filed in the larger public interest by a firm of legal-minded retired persons, who have been involved in giving free legal aid and advice to the most tortured and affected persons in the society, so that fatal and very serious road accidents can be avoided to a large extent.2. In the petition, the petitioner has given details of number of the serious /fatal road accidents, which had taken place during the years 1999-2002. The particulars of the said information are as under :-Year No. of Death Injured accidents cases -----------------------------------------------------1999 4548 1546 2134-----------------------------------------------------2000 5619 2023 3086-----------------------------------------------------2001 6497 2581 3439-----------------------------------------------------2002 6510 2649 36413. According to the petitioner; the majority of the fatal accidents can be avoided in case the provisions of the Motor Vehicles Act, 1...
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