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Search Results Judgments > Act:MOTOR VEHICLES ACT, 1988 Section 132 Court:Karnataka

Sep 28 2007

S. Venkataramulu Vs. State of Karnataka

  • Decided on : 28-Sep-2007

Court : Karnataka

Reported in : ILR2007KAR5382; 2008(4)KarLJ214; 2007(4)KCCRSN303

... Sections 279, 304-A IPC and under Section 132 read with Section 187 of the Motor Vehicles Act. The accused pleaded not guilty. The prosecution led the evidence by examining P.Ws.1 to 9 and in their evidence got marked Exs.Pl to P8 and M.0.1. On the closure of the evidence by the prosecution, the statement of the accused was recorded under Section ... the deceased by not taking his cycle to the extreme left side of the road. As could be seen from the provisions of the Motor Vehicles Act, Rules and the Regulations, nowhere it has been provided that a cyclist has to be on the left side of the road. The provisions ... act on the part of the petitioner.15. At this stage, I feel it is just and proper to make an observation that in the motor vehicle accident cases, the Investigating Officers have a duty to collect and incorporate certain particulars as regards the circumstances existing at the spot of the accident. This is a case wherein the vehicle ... not been disputed by the petitioner in the cross-examination of P.W.3. After the accident, the bus in question was examined by the Motor Vehicles Inspector-P.W.7 and Ex.P6 is the report, which reveals that the accident was not due to any mechanical defect. There is ... of the Courts below and also sufficient material to prove the rash and negligent act of the petitioner beyond reasonable doubt and hence submits to dismiss the revision.7. The petitioner in his statement under Section 313 Cr.P.C. has denied the occurrence of the accident and states that ...

Feb 08 1984

S. Narayana Bhatta Vs. The State of Karnataka and Ors.

  • Decided on : 08-Feb-1984

Court : Karnataka

Reported in : AIR1986Kant7; 1985(2)KarLJ157

... the writ petition.2. The petitioner is a. Tourist Operator. He is operating his tourist vehicles under special permits under the provisions of S. 63(6) of the Motor Vehicles Act (hereinafter be referred to as the Act). According to the case of the petitioner, the 3rd respondent is collecting Rs. 50/- for ... sec. (2) of S. 68 read with S. 132A of the Act, covers the prescription of fee of Rest. 50/- for the grant, renewal or endorsement thereof or extension of the permit in respect of each vehicle. S., 132A of the Act, specifically provides that any rule which the Central Government or the State Government is empowered to make under this Act ... Motor Vehicles Act (hereinafter be referred to as the Act). According to the case of the petitioner, the 3rd respondent is collecting Rs. 50/- for each application filed by the petitioner for grant of a special permit, and in addition to this, the 3rd respondent is also insisting that for issuing each special permit, a sum of Rs. 50/- per vehicle ... without insisting upon the payment of grant-fee and also to declare that the word' grant occurring in R. 120(iv) of the Karnataka Motor Vehicles Rules, 1963 (here in after be referred to a s the 'Rules'), is null and void and to strike down the same. He has ... of each vehicle as is provided by R. 120(iv) of the Rules. Therefore, it is contended that R. 120(iv) of the Rules is beyond the competence of the rule making power. It is submitted that Cal. (g) of sub-sec. (2) of S. 68 of the Act, only provides ...

Dec 08 2003

New India Assurance Co. Ltd. Vs. Gangarasaiah and Anr.

  • Decided on : 08-Dec-2003

Court : Karnataka

Reported in : 2004ACJ1846; ILR2004KAR413

... Ram Mohan Reddy, J 1. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short the 'Act'), is filed by the insurer of the motor vehicle involved in the accident, calling in question the Judgment and award dated 30.5.2003 passed in MVC No. 259/2000 on the file of the Court of the Prl. ... the evidence of the respondent with regard to the breach of terms of conditions of policy, it is noticed that RW-1 did not place any material covered by Section 19, 20, 132, 134 and 185 of SER in order to substantiate disqualification to hold the licence. The specific contention of disqualification taken by the appellant, the burden is also on the ... pay the compensation under the policy and under Section 2 of Section 149 of the Act, the burden is required to be discharged by the Insurance Company.12. The Apex Court in the case of SCANDIA INSURANCE COMPANY LIMITED v. KOKILABEN CHANDRAVADAN AND ORS., : [1987]2SCR752 observed as follows:'Section 96(2)(b)(ii) of the Motor Vehicles Act, 1939, extends immunity to the insurance Company only ... the insured owners of offending motor vehicles that cause such accidents wherein the insured owners of the vehicles do not themselves commit breach of any such condition and hand over the vehicles for driving to licensed drivers who on their own and without permission, express or impled, of the insured, hand over vehicles or act in a such a way that the vehicles get available to unlicensed ...

Dec 03 1997

D.S. Ramachandra Reddy Vs. Union of India and Others

  • Decided on : 03-Dec-1997

Court : Karnataka

Reported in : ILR1998KAR2696; 1997(4)KarLJ566

... vii) stating that he had violated the provisions of the Motor Vehicles Act and directed him to appear before the Traffic Court on 30-7-1994. The appellant while challenging the said notice, sought a writ in the nature of mandamus striking down Section 130 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') insofar as it relates to the production of the ... Government, it shall be a sufficient compliance. Section 132 obligates that the driver of a motor vehicle shall cause the vehicle to stop and remain stationary for reasonable time, when required by the police officer, where the vehicle is suspected to have involved in the occurrence of an accident to a person, animal or vehicle or of damage to property and he ... Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') insofar as it relates to the production of the driving licence, immediately on demand made by the police officer in uniform, as unconstitutional. Consequently, he sought for quashing of notice in Annexure-A dated 23-7-1994. 4. The Counsel for the appellant contended that the power given to the police or other Authorities under Section ... that arise for our consideration are: (i)Whether Section 130 of the Motor Vehicles Act of 1988 is unconstitutional? (ii)Whether notice issued in Form No. 298(vii) is liable to be quashed? 8. To appreciate the above contentions, it is apposite to refer some of the relevant provisions of the Act. Sub-section (2) of Section 2 defines 'driving licence', means the ...

Jun 30 1978

B.V. Subramanya Setty vs. Senior Regional Transport Officer and Ors.

  • Decided on : 30-Jun-1978

Court : Karnataka

Reported in : ILR1984KAR85

... Section 22 of the Motor Vehicles Act, is not valid, the vehicle is not suitable for use on roads. Learned counsel relied on certain decisions under the Motor Vehicles Act where it was held that where the fitness certificate of a transport vehicle is not current, it shall not be deemed to be validly registered for the purpose of Section 22 of the Motor Vehicles Act. Section 22 read-with Section 38 of the Motor Vehicles Act ... motor vehicles for purposes of the Taxation Act, is different from the registration of a motor vehicle for purposes of the Motor Vehicles Act. That assumption is not, in our opinion, correct. There are no provisions relating to the issue of a certificate of registration of a motor vehicle under the Taxation Act. Section 2(j) of the Taxation Act treats the Motor Vehicles Act as a cognate Act ... Section 22 of the Motor Vehicles Act. Section 22 read-with Section 38 of the Motor Vehicles Act prohibits the driving of a transport vehicle unless the vehicle is not only registered but also has a current fitness certificate. This only means that there is a legal prohibition against the use of transport vehicles without a current fitness certificate. Sub-section (1) of Section 3 of the Act refers to the condition of the Motor Vehicle ...

Jan 28 1998

Bhalchandra Transport Company, Hubli and Others Vs. State of Karnataka ...

  • Decided on : 28-Jan-1998

Court : Karnataka

Reported in : AIR1998Kant213; ILR1998KAR1794; 1998(3)KarLJ278

... Section 113 read with Section 194 of Motor Vehicles Act. Section 194 of Motor Vehicles Act pertains to punishment for violation of Section 114 of Motor Vehicles Act. Heard the Government Pleader also.3. In the light of the submissions made by Mr. C.H. Jadhav, learned Counsel for the petitioners, Sections 113 and 114 of the Motor Vehicles Act ... Motor Vehicles Act. Section 194 of Motor Vehicles Act pertains to punishment for violation of Section 114 of Motor Vehicles Act. Heard the Government Pleader also.3. In the light of the submissions made by Mr. C.H. Jadhav, learned Counsel for the petitioners, Sections 113 and 114 of the Motor Vehicles Act are examined.4. The point that arises for consideration is whether the police are authorised to book a case for violation of Section ... Section 113 read with Section 194 of Motor Vehicles Act, are the officers of and above the rank of Inspector of Motor Vehicles of the Motor Vehicles Department. So in view of this amendment, I am of the opinion that it is only the officers of the Motor Vehicles Department are authorised or empowered by the State Government to proceed against such persons who contravenes Section 113 of the Motor Vehicles Act ...

Jun 26 1997

Smt. Parvati @ Baby and Ors. Vs. Hollur Hallappa and Ors.

  • Decided on : 26-Jun-1997

Court : Karnataka

Reported in : I(1998)ACC689; 1999ACJ344; [1998(79)FLR716]; ILR1997KAR2376

... MOTOR SERVICE based, on the two English decisions in DAVIES and NANCE and decision in SUSAMMA THOMAS based on DAVIES. Referring to SUSAMMA THOMAS, the Supreme Court held:'It was rightly clarified that there should be no departure from the multiplier method on the ground that Section 110B of the Motor Vehicles Act 1939 (corresponding to the present provision of Section 168, Motor Vehicles Act, 1988 ... act. The Motor Vehicles Act (Section 110B of 1939 Act and Section 168 of the 1988 Act) requires the Claims Tribunal to make an award determining the amount of compensation which appears to it to be just. Though the Motor Vehicles Act was enacted in the year 1939, Sections 110 to 110 F, providing for constitution of Tribunals and award of just compensation, were introduced by Motor Vehicles (Amendment) Act ... Motor Vehicle Act, 1939, by Amendment Act 100 of 1956. One view was that the decision in GOBALD related to a motor accident prior to the said Amendment to the Motor Vehicles Act, 1939. The ambit of 'just' compensation introduced by Section 110B of the amended Motor Vehicles Act, 1939 is much wider than the concept of compensation contemplated in Section 1A and 2 of Fatal Accidents Act, 1855. Therefore while deciding claims under Section ...

Feb 14 1996

United India Insurance Co. Ltd. Vs. Smt. Lakshmamma and Ors.

  • Decided on : 14-Feb-1996

Court : Karnataka

Reported in : I(1997)ACC109; 1997ACJ170; ILR1996KAR2220; 1996(3)KarLJ382

... vehicle, it cannot be treated that he was authorised to drive heavy goods transport vehicle. In support of this contention, he relied upon Section 2(21), Section 2(47), Section 3 & Section 10 of the Motor Vehicles Act.Section 10 of the Motor Vehicles Act, 1988 reads as follows:'10. Form, and contents of licences to drive- (1) Every learner's licence and driving licence, except a driving licence issued under Section ... section (2) of Section 75) unless his driving licence specifically entitles him so to do. (2) The conditions subject to which Sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.' 4. Section 2(47) of the Motor Vehicles Act, 1939, defines 'transport vehicle' as a public service vehicle ... which Sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.' 4. Section 2(47) of the Motor Vehicles Act, 1939, defines 'transport vehicle' as a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. ... motor vehicle shall be such as may be prescribed by the Central Government.' 4. Section 2(47) of the Motor Vehicles Act, 1939, defines 'transport vehicle' as a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle.5. In order to consider that the driver had the licence to drive heavy goods vehicle ...

Jun 06 1958

M. Basha and Anr. Vs. C. Sultan Beig and Ors.

  • Decided on : 06-Jun-1958

Court : Karnataka

Reported in : AIR1959Kant17; AIR1959Mys17; (1958)36MysLJ558

... the Motor Vehicles Act. He pointed out that the Government by notification dated 15-5-1957, purporting to exercise its powers conferred by Clause (a) of Sub-section (21 of Section 58 of the Motor Vehicles Act, 1939, framed, amongst others, Rule 10 (8) whereby the Regional Transport Authority was empowered to delegate to its Secretary its power to renew a permit under Section 58 and Section ... the time prescribed by the Motor Vehicles Act. Section 58 (amended) of the Motor Vehicles Act lays down that an application for renewal of the permit, shall be made in the case of a stage carriage permit or a public carrier's permit 60 days before the date of expiry of the said permit.Sub-section (3) of the said section provides that a Regional ... delegation under Section 68 of the Motor Vehicles Act. This contention of the learned Advocate for the petitioners does not seem to he sound.11. Sub-section (1) of Section 68 provides that the Government may make rules for the purpose of carrying into effect the provisions of the Chapter iu which the said section appears. Sub-section (2) of the said section provides that ' ... under Section 58 and Section 63.The learned Advocate contended that such delegation was illegal and ultra vires of the Act. He further contended that the Government could not frame such a rule permitting such delegation under Section 68 of the Motor Vehicles Act. This contention of the learned Advocate for the petitioners does not seem to he sound.11. Sub-section (1) of Section ...

Dec 11 1998

Karnataka State Road TransportCorporation Vs. Kalwa Prakash and Anr.

  • Decided on : 11-Dec-1998

Court : Karnataka

Reported in : 2000ACJ1537

... under the Motor Vehicles Act. This emerges from the perusal of the provision of Section 165, Sub-sections (1) and (3) of Section 165 read with Section 175 of the Motor Vehicles Act. Section 9, Civil Procedure Code read with Motor Vehicles Act 1988, specially Section 175 bars the jurisdiction of the civil court to entertain any matters which are cognizable by the Motor Accidents ... that the Motor Accidents Claims Tribunal by itself is not a civil court. It is a Tribunal constituted under the Motor Vehicles Act. This emerges from the perusal of the provision of Section 165, Sub-sections (1) and (3) of Section 165 read with Section 175 of the Motor Vehicles Act. Section 9, Civil Procedure Code read with Motor Vehicles Act 1988, specially Section 175 ... Section 175 of the Motor Vehicles Act. Section 9, Civil Procedure Code read with Motor Vehicles Act 1988, specially Section 175 bars the jurisdiction of the civil court to entertain any matters which are cognizable by the Motor Accidents Claims Tribunal. This court has also opined in very many cases including that of Oriental Insurance Co. Ltd. v. Thibbegowda : ILR1998KAR3733 . It is further clarified that from the provision of Section ... and 254 of the Rules framed under the Motor Vehicles Act, 1988 further provide that what powers under what provisions may be exercised by the Tribunal which powers are vested in the civil court under the Civil Procedure Code. Rule 253 refers to various sections including Section 151 of the Code. It also ...

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