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Search Results Judgments > Act:MOTOR VEHICLES ACT, 1988 Section 85

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 ...

Aug 03 2012

State Tr.P.S.Lodhi Colony Vs. Sanjeev Nanda

  • Decided on : 03-Aug-2012

Court : Supreme

... High Court had correctly understood the scope and ambit of Section 185 of the Motor Vehicles Act r/w Section 203 of the Act and came to a correct conclusion that the presence of 0.115% alcohol was much above the limit of 30mg prescribed under the Motor Vehicles Act and it can definitely affect the ability to drive the vehicle in a normal manner.10. Shri Raval also submitted ... For the purposes of this section, the expression driver includes the owner of the vehicle. Section 187 of the M.V. Act, 1988 provides for punishment relating to accident, which reads as follows:187. Punishment for offence relating to accident. Whoever fails to comply with the provisions of clause (c) of sub- section (1) of section 132 or of section 133 or section 134 shall be punishable with ... that the accused was intoxicated in the sense in which intoxication was understood under Section 85 of the IPC nor in the sense of his ability to control the motor vehicle being substantially impaired as a result of consuming alcohol as laid down by Section 185(1) of the M.V. Act. Further, it was also pointed that the test statutorily recognized for drunken driving ... injured person. Section 134 of M.V. Act, 1988 reads as follows:134. Duty of driver in case of accident and injury to a person. When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall ( ...

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 ...

Jun 20 2006

Raveendran Nambiar Vs. Prabhakaran

  • Decided on : 20-Jun-2006

Court : Kerala

Reported in : [2006(110)FLR742]; 2006(3)KLT234; (2006)IIILLJ331Ker

... Bolani Ores case, the definition of motor vehicle in Section 2(18) of the Motor Vehicles Act, 1939 was adopted by the Bihar and Orissa Motor Vehicles Taxation Act, 1930. Later, the definition of motor vehicle in the Motor Vehicles Act was amended. The question was, for the purpose of Bihar and Orissa Motor Vehicles Taxation Act, whether the unamended ... orders are under challenge in this Writ Petition. Ext. P5 is an order passed under Section 85(1) of the Factories Act making all sections of the Factories Act, 1948 except Section 6(i)(a), (aa)(b) and (c) applicable to manufacturing process in crushing of animal ... Motor Vehicles Act, 1939, then the intention of the Legislature could not have been anything but to incorporate only the definition in the Motor Vehicles Act as then existing, namely, in 1943, as if that definition was bodily written into Section 2(c) of the Taxation Act. If the subsequent Orissa Motor Vehicles Taxation (Amendment) Act, 1943, incorporating the definition of 'motor vehicle' referred to the definition of 'motor vehicle' under the Act ... Act as having the same meaning as in the Motor Vehicles Act, 1939, then the intention of the Legislature could not have been anything but to incorporate only the definition in the Motor Vehicles Act as then existing, namely, in 1943, as if that definition was bodily written into Section 2(c) of the Taxation Act. If the subsequent Orissa Motor Vehicles Taxation (Amendment) Act, 1943, incorporating the definition of 'motor vehicle ...

May 14 1992

Deshmesh Co-operative Transport and Another Vs. Union of India and Oth ...

  • Decided on : 14-May-1992

Court : Delhi

Reported in : AIR1992Delhi376; 1992(23)DRJ263; ILR1993Delhi79

... . 7. The Parliament enacted the Motor Vehicles Act, 1939 which was amended later in the year 1988 and the amended provisions came into force with effect from 1st July, 1989. S. 88 of the Act provides for grant of permits to tourist vehicles. Sub-sec. (9) of S. 88 empowers the State Transport Authority to grant permits in respect of tourist vehicles valid for the whole of India ... -sec. 14(a) of S. 88 to make rules to ensure that provisions of S. 88 of the Act are effectively carried out. Accordingly, the Central Government framed the Central Motor Vehicles Rules, 1989. Sub-rule (3) of R. 85 of the Central Motor Vehicles Rules, 1989 provides for additional condition No. III, virus of which is challenged by the petitioners. It reads thus : '(III) The tourist vehicle ... encouraging tourism throughout India the Parliament in its wisdom by Act No.50 of 1969 inter alias amended Section 63 of the Motor Vehicles Act 1939 by adding sub-sec.(7) to S.63 of the Act. Sub-sec. (7) of S. 63 of the Act empowers every State Transport Authority in India to grant in respect of tourist vehicles permits valid for the whole or any part of India ... (7) of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act). In the year 1982 one Shri D. P. Sharma, an All India Tourist Bus Operator, filed a writ petition in the High Court of Karnataka praying that the condition imposed by the State Transport Authority while endorsing or Issuing permit under sub-section (7) of S. 63 of the Act, prohibiting the bus ...

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 ...

Feb 14 2001

Mini Taxi Owners' and Drivers' Association and Ors. Vs. State of A.P., ...

  • Decided on : 14-Feb-2001

Court : Andhra Pradesh

Reported in : 2001(2)ALT340

... of the journey.37. Chapter V of the Motor Vehicles Act, 1988 deals with control of Transport Vehicles either by Government or Road Transport Authority. Section 66 of the M.V.Act, 1988, indicates that no owner of a motor vehicles shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods ... is bad in law.41. Further it cannot be said that the impugned action of the Commissioner of Police is vitiated for not following the procedure contemplated under Section 85 of the Act. Mere departure from the procedure does not vitiate the same, if it is otherwise validly passed.42. In the case of Maharashtra, the order of prohibition of ... motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers either for the whole journey or for stage of the journey.37. Chapter V of the Motor Vehicles Act, 1988 deals with control of Transport Vehicles either by Government or Road Transport Authority. Section 66 of the M.V.Act, 1988 ... the roadworthiness of the vehicle. Therefore, overiall reading of Chapter V of the M.V. Act, 1988 makes it manifest that it is the jurisdiction of the State Government and the State Transport Authority to take action under Sections 67 or 86 of the Motor Vehicles Act, 1988 either to prevent, suspend or cancel the permits granted to the Transport vehicles and the Commissioner of ...

Nov 12 1990

Radhey Shyam Sharma Vs. Regional Transport Authority, Kathgodam, Naini ...

  • Decided on : 12-Nov-1990

Court : Allahabad

Reported in : AIR1991All158

... mini buses from Section 51(2)(x), which is quoted below :Section 51(2)(x) : 'Any other condition which may be prescribed.' These rules are perfectly valid and cannot be said to be outside the authority conferred on Central Government by the Act.26. In our opinion Rule 6 of National Permit Rules, 1975 and Rule 88 of Central Motor Vehicles Rules, 1988 are valid. ... contained in sub-sec. (1), but, subject to the rules that may be made by the Central Government under sub-sec. (14), the appropriate authority may, for the purpose of encouraging long distance inter-State road transport, grant in a State, national permits in respect of goods carriages and the provisions of Ss. 69, 77, 81, 82, 83, 84, 85, 86 and ... 63(11) of the Motor Vehicles Act, 1939 (hereinafter referred to as the old Act) and R. 88 of the 'Central Motor Vehicles Rules, 1980 (hereinafter referred to as the new Act (sic). These Rules which provide for 9 years' model condition of motor vehicles, covered under national permits are quoted below:'6.(1) National permit shall not be granted or renewed in respect of Motor Vehicles which is more ... of fitness to a motor vehicle in contravention of the provisions of any notification issued under sub-sec. (1).' 11. Section 59 of the new Act empowers the Central Government to specify the life span of motor vehicle reckoned from the date of manufacture after the expiry of which the vehicle shall not be deemed to comply with the requirements of the Act and Rules framed thereunder. ...

Oct 14 1998

Ved Kumari & another Vs. Shri Kishan Lal and Others

  • Decided on : 14-Oct-1998

Court : Delhi

Reported in : II(1998)ACC724; 1999ACJ1391; 1998VIAD(Delhi)801; 76(1998)DLT518; 1998(47)DRJ673; (1999)121PLR13

... , on the above basis which will emerge are that the motor cycle was being used by three persons including the driver and that was not within the permissible limit as laid down by Section 85 of the Motor Vehicles Act, 1939 which is also incorporated in Section 128 of the 1988 Act. The carrying of more persons on a vehicle will certainly make the ride somewhat unstable which may contribute ... the Motor Vehicles Act, 1939 which is also incorporated in Section 128 of the 1988 Act. The carrying of more persons on a vehicle will certainly make the ride somewhat unstable which may contribute to the accident. Moreover the Tribunal has considered the other evidence on record also to arrive at a conclusion that there was some contributory negligence on the part of the driver of the motor ... the judgment the provisions of Regulation 7 of the Motor Vehicles Act have been noticed and the following findings are recorded:-'It is admitted that the motorcyclists had been coming from the right side of the car. thereforee, under the Regulation No.7 of the M.V.Act, the car should have given way to the vehicles coming from it's right side, which car ... riding on the motor cycle at the time when the accident took place. The motor cycle is meant for 2 persons and when 3 persons sit on it, it is in itself an act, which shows that the driver of the motor cycle was careless and negligent regarding the safety of the vehicle and the persons sitting on the same. Overloading of any vehicle, more so ...

Sep 28 2004

All Kerala Tourist Taxi Association Vs. The Secretary to Government

  • Decided on : 28-Sep-2004

Court : Kerala

Reported in : 2005(1)KLT971

... Sub-section (14) of Section 88 which says that the Central Government may make rules for carrying out the provisions of Section 88. In exercise of the powers confered by Sub-section (14) of Section 88 as also by Sections 12, 27, 64, 110, 137, 164 & 208 read with Section 211 of the Motor Vehicles Act, 1988, the Central Government has made the Rules called Central Motor Vehicles Rules, ... the provisions of Section 73, 74, 80, 81, 82, 83, 84, 85, 86, clause (d) of Sub-section ( 1) of Section 87 and Section 89 shall, as far as may be, apply in relation to such permits'.It is clear from a plain reading of the aforesaid provision that the authority empowered to grant permits in respect of tourist vehicles valid for ... Act is subject to any rules that may be made by the Central Government under Sub-section (14) of Section 88 which says that the Central Government may make rules for carrying out the provisions of Section 88. In exercise of the powers confered by Sub-section (14) of Section 88 as also by Sections 12, 27, 64, 110, 137, 164 & 208 read with Section 211 of the Motor Vehicles Act, 1988 ... Transport Officers. The learned Single Judge held that Section 68(5) of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), hereinafter referred to as the 'Act', has authorised the State Transport Authority to delegate its powers to the Regional Transport Officers, provided, the State Government has framed rules in that behalf under Section 96 of the Act and thus sustained Ext.P-4. Aggrieved, ...

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