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Search Results Judgments > Phrase:MOTOR VEHICLES ACT 1988 Section 85

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

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 Motor Vehicles (Protective Headgears) Rules, 1980 were issued under the repealed Motor Vehicles Act, 1939 and since the said Rules were in force immediately before the commencement of the Motor Vehicles Act, 1988, the said Rules shall be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

Apr 30 2001

Secy. Federn. of Bus-operators Assn. of T.N. Vs. Union of India (UOI)

  • Decided on : 30-Apr-2001

Court : Chennai

Reported in : 2001(134)ELT618(Mad); 2006[2]STR411; [2007]6STT49

... Section 65(51) defines the term 'tourist vehicle', which reads as under :'tourist vehicle' has the meaning assigned to it in clause (43) of Section 2 of the Motor Vehicles Act, 1988.Section 65 defines the term 'tour operator' as under :'tour operator' means any person engaged in the business of operating tours in a tourist vehicle covered by a permit granted under the Central Motor Vehicles Act, 1988 ... Section 2(25) of the Motor Vehicles Act provides 'motor cab' means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward.48. There can be no doubt that such motor cabs or maxi cabs are plied as 'contract carriages' and/or under Section 88(9) of the Motor Vehicles Act read with Rules 82 to 85 of the Motor Vehicles Act ... Section 2 of the Motor Vehicles Act, 1988.Section 65 defines the term 'tour operator' as under :'tour operator' means any person engaged in the business of operating tours in a tourist vehicle covered by a permit granted under the Central Motor Vehicles Act, 1988 or the rules made thereunder.The term 'cab', 'maxi cab', 'motor cab' and 'rent-a-cab scheme operator' are defined in Section 65 of the Finance Act ...

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 200 of the Motor Vehicles Act, 1988 involves any adjudication of offences contemplated by the Section and whether it is required to be read-down for being sustained on the anvil of Article 14 of the Constitution of India?2. Whether Notification No. FTD.18 TMR.85 ... 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 ...

May 30 2003

Delhi Pradesh Taxi Union and Anr. Vs. Airport Authority of India and O ...

  • Decided on : 30-May-2003

Court : Delhi

Reported in : 2(2003)ACC710; II(2003)ACC710; 2003IVAD(Delhi)713; 105(2003)DLT479; 2003(69)DRJ459

... Motor Vehicles Act, 1988 and the Rules framed there under. The writ petition was filed on the ground that the vehicles for which permit had been granted to respondent No. 8 could be plied as contract carriages and not as stage carriages and since under Section 2(7) of the Motor Vehicles Act (in short referred to as `the Act ... Sections 74 and 88(9) of the Act shows that the tourist vehicle to which a permit is issued under sub-Section (9) of Section 88 can be used only as a `contract carriage' as defined in Section 2(7) of the Act. A tourist permit under Section 88(9) is granted under Chapter 4 of the Central Motor Vehicle Rules, 1989 (hereinafter referred to as `1989 Rules'). Under Rule 85 ... vehicles of respondent No. 8, registration numbers of which were given in the writ petition being plied between IGI Airport and Amritsar, do not carry passengers against the individually issued tickets and to ensure that they adhere to the mandatory requirements of the Motor Vehicles Act, 1988 and the Rules framed there under. The writ petition was filed on the ground that the vehicles ...

May 18 2005

Oriental Insurance Co. Ltd. Vs. Narvada and Ors.

  • Decided on : 18-May-2005

Court : Himachal Pradesh

Reported in : IV(2005)ACC158,2007ACJ202

... taken as Rs. 15,000 per annum as per Second Schedule of the Act. It was mentioned that in her case the compensation payable under Section 163-A as per Second Schedule to Motor Vehicles Act, 1988 was Rs. 2,85,000. After deducting V3rd, i.e., Rs. 95,000 the amount payable was ... Motor Vehicles Act, 1988 was Rs. 2,85,000. After deducting V3rd, i.e., Rs. 95,000 the amount payable was Rs. 1,90,000. In addition thereto a claim was made for Rs. 2,000 on account of funeral expenses, Rs. 2,500 for loss to estate and Rs. 2,000 for medical expenses. Under Section 166 of the Act ... Section 163-A as per Second Schedule to Motor Vehicles Act, 1988 was Rs. 2,85,000. After deducting V3rd, i.e., Rs. 95,000 the amount payable was Rs. 1,90,000. In addition thereto a claim was made for Rs. 2,000 on account of funeral expenses, Rs. 2,500 for loss to estate and Rs. 2,000 for medical expenses. Under Section ... the same accident and out of two similar awards dated 27.6.1997 passed by learned Motor Accidents Claims Tribunal (II), Mandi under Section 163-A of the Motor Vehicles Act, 1988 (hereafter referred to as 'the Act').2. The facts necessary for disposal of the case are that the deceased Meenakshi Devi ... can be made under Section 163-A.22. Section 140 of the Motor Vehicles Act, 1988 provides for payment of interim compensation and not final compensation. A Division Bench of this court in Himachal Road Trans. Corporation v. Garji Devi , held that before making an award under Section 140 the Tribunal must on ...

Aug 29 1988

Ajay Canu Vs. Union of India (UOI) and Ors.

  • Decided on : 29-Aug-1988

Court : Supreme Court of India

Reported in : II(1988)ACC554; AIR1988SC2027; [1988]1CompCas521(SC); JT1988(3)SC523; 1988(2)SCALE556; (1988)4SCC156; [1988]Supp2SCR632; 1988(2)LC672(SC)

... -A of Andhra Pradesh Motor Vehicles Rules. Hence this petition for special leave.6. At this stage, it may be noticed that by Motor Vehicles (Amendment) Act XXVII of 1977, a new Section being Section 85-A was inserted in the Motor Vehicles Act, 1939, hereinafter referred to as 'the Act' Section 85-A provides as follows:Section 85-A. Every person driving or riding (otherwise than in a side car) on a motor cycle of any ... )(d) and Article 21 of the Constitution of India. It was contended by the petitioner before the High Court that as Section 85-A of the Motor Vehicles Act, 1939 was yet to be enforced, Rule 498-A was illegal and ultra vires the Motor Vehicles Act. It was also contended that the wearing of helmets preventing the free flow of breeze to the head would result in ... the date of enforcement of Section 85-A as November 1, 1980 was cancelled.8. It is contended by Mr. Ghatate, learned Counsel appearing on behalf of the petitioner, that in view of the cancellation of the notification dated May 14, 1980, Section 85-A has not come into force and, as such, there is no provision in the Motor Vehicles Act providing for wearing of protective ... 14, 1980, Section 85-A has not come into force and, as such, there is no provision in the Motor Vehicles Act providing for wearing of protective headgear or helmet by the driver of a motorcycle of any class while driving the same. It is submitted that in the absence of any specific provision in the Act, Rule 498-A is ultra vires the Act itself and ...

Sep 15 1990

Mohammed Illyas Vs. Union of India (UO I)

  • Decided on : 15-Sep-1990

Court : Karnataka

Reported in : ILR1991KAR2804

... contained in Section 200 of the Act and Rule 259(2) of the Rules in so far they empower any Officer of the Motor Vehicle Department of and above the rank of Inspector of Motor Vehicles to exercise the power under Section 200 of the Motor Vehicles Act, 1988 are violative of Articles 14 and 19(1)(g) of the Constitution?2) Whether the Notification bearing No. FTD 18 TMR 85 dated ... Inspector of Motor Vehicles to exercise the power under Section 200 of the Motor Vehicles Act, 1988 are violative of Articles 14 and 19(1)(g) of the Constitution?2) Whether the Notification bearing No. FTD 18 TMR 85 dated 13-11-1986 is liable to be quashed being violative of Articles 14 and 19(1)(g) of the Constitution?3) Whether the operators of the tourist vehicles are ... Section 200 of the Motor Vehicles Act, 1988 are violative of Articles 14 and 19(1)(g) of the Constitution?2) Whether the Notification bearing No. FTD 18 TMR 85 dated 13-11-1986 is liable to be quashed being violative of Articles 14 and 19(1)(g) of the Constitution?3) Whether the operators of the tourist vehicles are entitled to a declaration that the tourist vehicles ... 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 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 ...

Aug 10 1987

T. Jagadish and Ors. Vs. The Union of India and Ors.

  • Decided on : 10-Aug-1987

Court : Andhra Pradesh

Reported in : AIR1988AP290

... Section 85 A of the Motor Vehicles Act and the rules made thereunder insisting upon the wear of helmets by drivers of two-wheeler, vehicles are unconstitutional and the Central Rules are ultra vires and Rule 498-A of the A. P. Motor Vehicle Rules is invalid as this rule purporting to be made under Section 85-A of the Act was framed even before Section 85-A was introduced and further Section 85 ... Section 85-A. of the Act and Rule 3 made by the Central Government as well as Rule 498-A made by the State Government are ultra vires and unconstitutional.3. The learned counsel for the petitioners Sri K. R. K. Varaprasad, Sri Afzul Purkar, Sri Gangaiah Naidu and Sri Narain Bhaskara Rao at the outset contended that Section 85 A of the Motor Vehicles Act ... making power under Section 91 of the Act and Rule 498A abridges right of privacy and movement and this is violative of Article 19(1)(d) of the Constitution and also arbitrary and, discriminatory resulting in breach of Art. 14 of the Constitution. 4. To appreciate the. contentions it is necessary to get at Section 91 of the Motor Vehicles Act to the ... Section 85-A of the Act was framed even before Section 85-A was introduced and further Section 85-A empowered the Central Government only to frame rules. The learned Advocate General contended that Rule 498-A of the A. P. Motor Vehicles Rules is made pursuant to the power conferred on the State Government to make rules under Section 91 of the Act and sought to sustain the rule under Section ...

Jul 09 1985

Bharatkumar Arvindkumar Dave Vs. Commissioner of Police and Anr.

  • Decided on : 09-Jul-1985

Court : Gujarat

Reported in : (1985)2GLR1411

... Section 85 cannot be construed as limiting the power given to the Commissioner under Section 33 of the Bombay 'Police Act. Sections 85 and 74 of the Motor Vehicles Act, 1939, are only enabling provisions and they do not give any right to the permit-holder to use the vehicle as he likes. Section 33 of the Bombay Police Act cannot be construed as coming into conflict with Sections 74 and 85 ... Section 33 (6) need be followed.6. It was next contended that the power under Section 33 and especially the power now used by the Commissioner prohibiting the pillion rider to ride on the two-wheeled vehicles comes into conflict with Sections 74 and 85 of the Motor Vehicles Act, 1939. Section 74 reads as follows.74. Power to restrict the use of vehicles ... Act visualises passing of order and also making of rules. In respect of passing of order Section 33 (6) need be followed.6. It was next contended that the power under Section 33 and especially the power now used by the Commissioner prohibiting the pillion rider to ride on the two-wheeled vehicles comes into conflict with Sections 74 and 85 of the Motor Vehicles Act, 1939. Section ...

Oct 08 1990

Ishar Vs. State of Rajasthan and Ors.

  • Decided on : 08-Oct-1990

Court : Rajasthan

Reported in : AIR1992Raj40; 1990WLN(UC)108

... made a reference to Section 9 appearing in Chapter II and Section 38 appearing in Chapter III under the headings Licensing of Drivers of Motor Vehicles and Licensing of Conductors of Stage Carriages respectively. But these references have no relevance in view of the discussion made above.24. Mr. Munshi, learned counsel for the petitioner submitted that the Motor Vehicles Act, 1988 has come into forge ... of the permit that the vehicle should be duly registered and certified to be a fit vehicle. Section 84 further lays down that other conditions mentioned in the Act and the Rules shall also form part of the conditions of the permit. Section 85 lays down the general form of permits and Section 86 deals with cancellation and suspension of permits. Section 89 provides appeals.10. ... of a vehicle, is ultra vires of Article 14 of the Constitution of India as well as the provisions of the Motor Vehicles Act, 1988 (hereinafter called 'the Act of 1988').4. In order to appreciate the arguments of the learned counsel, it will be relevant to reproduce here Rule 88 of the Rules of 1989. Rule 88 reads as under:--'88. Age of motor vehicle for ... rules, the age of the vehicle is prescribed as 9 years.3. The principal submission of the learned counsel for the petitioners is that Rule 88, which prescribes the life span of a vehicle, is ultra vires of Article 14 of the Constitution of India as well as the provisions of the Motor Vehicles Act, 1988 (hereinafter called 'the Act of 1988').4. In order to ...

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