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

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 ... take cognizance of the offence, subject to the overriding provision of Section 132 of 'the Motor Vehicles Act which provides that no Court inferior to that of a Metropolitan Magistrate or a Magistrate of the Second Class shall try any offence punishable under the Motor Vehicles Act or any Rule made thereunder. Section 4(2) of the Code of Criminal Procedure provides that ... 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 ... 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 contains many provisions regarding control of the vehicles ...

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 ... Section 132 of the Motor Vehicles Act which provides that no Court inferior to that of a Magistrate of the second class shall try any offence punishable under the Motor Vehicles Act or any rule made thereunder'.The aforesaid observations of the Supreme Court on a pari materia Section of 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 16 2004

Divisional Manager, United India Insurance Company Limited Vs. Gujjamm ...

  • Decided on : 16-Jan-2004

Court : Karnataka

Reported in : III(2004)ACC327; 2005ACJ1712; [2004(102)FLR693]; 2004(4)KarLJ37

... under Section 147 of the Motor Vehicles Act, 1988 read with the identical provision under the very contract of insurance reflected by the policy which would make the Insurance Company liable to cover such claims for compensation for which the statutory liability is imposed on the employer under Section 3 read with Section 4-A of the Act.11. In view of Section 3(1) of the Act, ... is so, the legal heirs of Nagaraja will certainly be entitled to initiate proceedings under the Motor Vehicles Act, 1988 to claim compensation, if so advised.16. The appeal is allowed. The impugned judgment and award dated 25-1-2002 passed in Case No. CWC:CR:132/2001 is set aside and the application for compensation by the legal heirs of deceased Nagaraja ... have taken place. In the proceedings before the Commissioner, it is noticed, the appellant has secured permission under Section 170 of the Motor Vehicles Act, 1988 to raise all such defences as are available to the employer, insured.10. Section 3(1) of the Workmen's Compensation Act takes into its fold a 'mishap' or untoward event not expected or designed. The death or any ... to pay compensation under the Act gets foisted on the employer provided it is shown that the workman concerned suffered from personal injury fatal or otherwise by any accident arising out of and in the course of his employment. Such an accident is also covered by the statutory coverage contemplated under Section 147 of the Motor Vehicles Act, 1988 read with the identical provision ...

Sep 23 1998

The Oriental Insurance Company Vs. Mohammed Sab Ali Sab Kaladagi and O ...

  • Decided on : 23-Sep-1998

Court : Karnataka

Reported in : 2000ACJ1223; ILR1999KAR2100

... renewed on the date of accident, he did not suffer from any disqualifications. As such there was no violation of the condition enumerated in the policy. According to Section 149(2) of the Motor Vehicles Act, the Driver must suffer from disqualification, otherwise the Insurance Company is estopped from taking up any other contentions than satisfying the award. In the light of these rival ... . It is oft-quoted that the duty is to provide the light and not to generate heat. Unless the Insurance Company can place any of the materials covered by Section 19, 20, 132, 134 and 185, it can never be said that there was any disqualification to hold the licence. It goes without saying that when the specific contention of disqualification is ... was disqualified. No material evidence is adduced in this direction.7. In the case of SKANDIA INSURANCE COMPANY LTD v. KOKINABEN CHANDRAVADAN, : [1987]2SCR752 is it held as follows:-Motor Vehicles Act (4 of 1939), Sections 96(1)(2)(b)(ii) 94 and 84 - Accident - award - liability of insurer to satisfy - Exclusion of clause in policy prohibiting driving by person other than one holding ... , granting of licence, currency of licence to drive the motor cycle, renewal of driving licence. The renewal of driving licence has been covered under Section 2, 10, 3, 9, 14, and 15. Its validity is covered by Sections 19, 20, 132, 134 and 185 of the Act. It is not necessary to reproduce all these sections. What is required in this appeal is that whether on ...

Oct 09 2007

Manipal Academy of Higher Education rep. by its Registrar, Sudhakar Na ...

  • Decided on : 09-Oct-2007

Court : Karnataka

Reported in : ILR2008KAR257; (2008)13VST377(Karn); 2008(1)KCCR451; 2008(2)AIRKarR8; 2008LabIC1763

... Corporation Act, 1976, provides for levy of infrastructure and solid waste management, notwithstanding anything contained in Section 19 of the Karantaka Motor Vehicles Taxation Act, 1957. Similar provision has been incorporated under the Municipalities Act, 1964. He further submits that Section 3(b) by way of amendment to Karnataka Stamp Act, 1957, by Act No. 6/2001 dated 1.4.2001 w.e.f 1.4.1988, provides ... State of Karanatka and Ors. 109 STC 32 which decision has been affirmed by the Supreme Court in the case of Widia (India) Ltd. v. State of Karnatka and Ors. 132 STC 360). Strong reliance has been placed by learned senior counsel upon the Aviny polimers Pvt. Ltd. case. He submitted that the entire entry tax collected in made over ... Motor Vehicles Taxation Act, 1957. Similar provision has been incorporated under the Municipalities Act, 1964. He further submits that Section 3(b) by way of amendment to Karnataka Stamp Act, 1957, by Act No. 6/2001 dated 1.4.2001 w.e.f 1.4.1988, provides for levy of additional duty on instrument of conveyance, gift or lease on immovable properties chargeable with duty under Section ... Act, 1957, by Act No. 6/2001 dated 1.4.2001 w.e.f 1.4.1988, provides for levy of additional duty on instrument of conveyance, gift or lease on immovable properties chargeable with duty under Section 3 read with articles of the schedule shall be chargeable with additional duty at the rate of 10% on such duty. Section 19 of the Karnataka Motor Vehicles Taxation Act ...

Apr 08 2004

The Oriental Insurance Company Limited Vs. Smt. K. Sundaramma alias Su ...

  • Decided on : 08-Apr-2004

Court : Karnataka

Reported in : II(2005)ACC49; IV(2005)ACC169; 2005ACJ797; 2004(6)KarLJ637

... motor vehicles. The provisions of compulsory insurance coverage of all vehicles are with this paramount object and the provisions of the Act have to be so interpreted as to effectuate the said object.(ii) Insurer is entitled to raise a defence in a claim petition filed under Section 163 or Section 166 of the Motor Vehicles Act, 1988, inter alia, in terms of Section 149(2)(a)(ii) of the said Act ... . Unless the Insurance Company can place any of the materials covered by Sections 19, 20, 132, 134 and 185 of the Act, it can never be said that there was any disqualification to hold the licence. In any event, it is not the case of the appellant that the rider of the motor- cycle did not know how to ride. We are unable to ... No. 2839 of 2000 on the file of the Motor Accidents Claims Tribunal, Bangalore (for short, the 'MACT), has preferred this appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short, the 'Act').2. It is not in dispute that one Neelakantha succumbed to the fatal injuries on 30-7-2000 involving the motor vehicle being a motor-cycle bearing registration No. KA. 04.H.9346 belonging ... raise a defence in a claim petition filed under Section 163 or Section 166 of the Motor Vehicles Act, 1988, inter alia, in terms of Section 149(2)(a)(ii) of the said Act.(iii) The breach of policy conditions, e.g., disqualification of driver or invalid driving licence of the driver, as contained in Sub-section (2)(a)(ii) of Section 149, have to be proved to have been ...

Nov 03 2004

Smt. Suneetha Nayak and Anr. Vs. B.G. Harshadevara Math and Ors.

  • Decided on : 03-Nov-2004

Court : Karnataka

Reported in : 2005ACJ756; ILR2004KAR5289; 2004(6)KarLJ651

... Motor Vehicles Act and Rules made thereunder. Even if the Motor Vehicles Act and the Karnataka Motor Vehicles Rules make no specific provision to review, the relevant provisions of Code of Civil Procedure shall apply to the proceedings before the Claims Tribunal. It is also clear from Rule 253(1) (cited supra), that the inherent powers vested in the Civil Court under Section ... husband of the 1st petitioner and father of 2nd petitioner viz., Sri Sridhara Nayak, who was travelling in an autorickshaw on 17-3-1988 met with the accident at about 9.20 p.m., when a Matador van came from the opposite direction and dashed against the ... insofar as they may be applicable namely, Sections 30, 32, 34, 35, 35A, 75(a) and (c), 76, 77, 94, 95, 132, 133, 144, 145, 147, 148, 149, 151, 152, 153 and 153B, and subject to the provisions of the Section 174.The Claims Tribunal shall have all the ... Section 151 of the Code of Civil Procedure may be exercised by the Claims Tribunal. The aforesaid provisions make it abundantly clear that the power of review is conferred on the Claims Tribunal at least by necessary implication though not specifically provided under the Motor Vehicles Act and the Karnataka Motor Vehicles ... Motor Accidents Claims Tribunal has get jurisdiction to review its award or not, it is relevant to note Rules 253 and 254 of the Karnataka Motor Vehicles Rules, 1989, which read thus:'Section 253. Vesting powers of Civil Court to the Tribunal.--(1) Without prejudice to the provisions of Section ...

Jul 04 2011

Manager Oriental Insurance Co. Ltd. Vs. Nagesh and Another

  • Decided on : 04-Jul-2011

Court : Karnataka

... Motor Vehicles Act, 1988. The said section 96(xxxi) mandates that no person shall be carried in a goods vehicle and the State is authorized to make Rules in that behalf. The State of Karnataka in exercise of its delegated powers u/s.96 (xxxi) of the M.V.Act 1988 read with all sovereign powers has framed Karnataka Motor Vehicles Rules, 1989 which comprises Rule 100 of the Karnataka Motor Vehicles ... the Apex court. In that view of the matter, the principles of stare decicis as held by the Supreme Court in the decision reported in (2011 (2) Supreme Court Cases 132 (Shanker Raju vs. Union of India) would squarely apply. The Apex Court in the said decision has held as follows:- The doctrine of stare decisis 10. It is a settled ... rule shall not apply to motor vehicles registered under Section 60. (6) No person other than an attendant or attendants required by Rule 226 shall be carried on a trailer which is a goods vehicle. 13. These rules have been framed by the State of Karnataka in exercise of the powers conferred u/s.96(xxxi) of the Motor Vehicles Act, 1988. The said section 96(xxxi) mandates that ... vehicle rests. (5) The provisions of this rule shall not apply to motor vehicles registered under Section 60. (6) No person other than an attendant or attendants required by Rule 226 shall be carried on a trailer which is a goods vehicle. 13. These rules have been framed by the State of Karnataka in exercise of the powers conferred u/s.96(xxxi) of the Motor Vehicles Act, 1988 ...

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 ...

Aug 30 1968

Sree Yellamma Cotton, Woollen and Silk Mills Co. Ltd. and Vs. Official ...

  • Decided on : 30-Aug-1968

Court : Karnataka

Reported in : AIR1969Kant280; AIR1969Mys280; [1970]40CompCas466b(Kar)

... Bank appears to have taken care to file Bank appears to have taken care to file particulars with the Registrar of Companies, Mysore, and obtained certificates of registration under Section 132 of the Companies Act.18. The several deeds set out certain terms for repayment of the loan and also clauses stating the consequences of default. The Company, according to the Bank, having ... sale.38. In this regard, the only question is what are the articles actually covered by the documents of hypothecation. Their general description I have already given, viz., the machinery, vehicles, tools and implements and other paraphernalia. All words, except the last word 'paraphernalia', have a clear ascertainable meaning. 'Paraphernalia' in the context cannot, in my opinion, mean to take in ... have been served on the Company. It is further stated in the Bank's affidavit, that three electric motors which were part of the hypothecated properties were sold without the consent of the Bank. After some correspondence, the local agent of the Bank acting on behalf of the Bank appears to have taken possession of stores and spares on 15th November 1966 ... in Book No I, on 14th May 1962. It also appears that the particulars of both the documents have been duly registered with the Registrar of Companies, Mysore, under Section 132 of the Companies Act, 1956. A deed of modification modifying some of the terms appears to have been executed subsequently, but it is not quite necessary to refer to it. There were ...

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