Court : Madhya Pradesh
Reported in : 2001(5)MPHT15
..... . thus, the madhya pradesh motoryan karadhan adhiniyam has a different field to operate i.e. incident of taxation which is not dealt with by the motor vehicles act, 1988.34. further, section 200 of the motor vehicles act, 1988 deals with the compounding of certain offences punishable under sections 177, 178, 179, 180, 181, 182 and other sections mentioned therein. section 208 contains ..... m.p. motoryan karadhan adhiniyam are two different enactments. taxes are prescribed under the m.p. motoryan karadhan adhiniyam whereas under the motor vehicles act conditions of permits on which vehicle can ply are prescribed. motor vehicles act, 1988 is an enactment under entry 35, list iii, schedule vii. thus, the two enactments have totally different fields to operate. holding of permit ..... deals with respect to the subject matter of entry 35, list iii (concurrent list), seventh schedule to the constitution of india, does it create any repugnancy with motor vehicles act, 1988 within meaning of article 254 of constitution of india. though we have already dealt with it to limited extent, before we proceed to consider the difference between the ..... the nature of proceedings before the taxation authority under section 16 (6) of the karadhan adhiniyam, 1991 and before the criminal court under section 192a of the motor vehicles act, 1988 are distinct and both have different objects to achieve. if the exigency arises to initiate the confiscation proceedings as contemplated under sub-section (6) of section 16 .....Tag this Judgment!
Court : Guwahati
..... mokokchung zone, must, with immediate effect, use tickets from the authorized counters only failing which, the authorities would take appropriate action under the motor vehicles act, 1988 (in short 'the mv act, 1988'). the effect of the order, dated 29.9.2004, aforementioned was though all the tourist taxis operating in mokokchung area had to carry only those passengers to whom ..... of the matter, it is also important to bear in mind that as a precursor to the present mv act, 1988, the motor vehicles act, 1939 (in short 'mv act of 1939') too made provisions for 'contract carriage' as well as 'stage carriage'. while section 2(7) of the mv act, 1988, defines as to what a 'contract carriage' is, it was section 2(3), which defined under ..... the mv act of 1939, as to what the 'contract carriage' was. similarly, while the section 2(40) of the mv act, 1988, defines 'stage ..... brevity, the comparative survey of the definitions of 'contract carriage' and 'stage carriage', in the said two enactments are provided hereinbelow :8. under section 2(7) of the mv act, 1988, 'contract carriage' means a motor vehicle, which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1994Bom346; 1994(3)BomCR660
..... , it would be expedient to set out the scheme of the motor vehicles, act, 1939, thebombay motor vehicles tax act. 1958 and the effect of the difference in some of- the provisions of the motor vehicles act, 1939 and the motor vehicles act. 1988 on the taxability of the specified variety of trailers known as 'semi trailers' under the bombay motor vehicles tax act, 1958. the motor vehicles act, 1939 which was the law applicable during the material period ..... , defines a motor vehicle in clause (18) of section 2 thus:'(18) 'motor vehicle' means any mechanically propelled vehicle adapted for use upon roads whether the ..... borne by the tractor.'there was no definition of 'semi trailer' in the said act. the 1939 act was repealed by the motor vehicles act, 1988 with effect from 1st july, 1989. 'motor vehicle' has been defined in clause (28) of section 2 of the 1988 act as under:'(28) 'motor vehicle' or 'vehicle' means any mechanically propelled vehicle adapted for was upon roads whether the power of propulsion is transmitted thereto from an .....Tag this Judgment!
Court : Karnataka
Reported in : 2001ACJ913; 2001(4)KarLJ173
..... motor vehicle. 14. section 2(23) of the motor vehicles act, 1988 reads thus: ' 'medium goods vehicle' means any goods carriage other than a light motor vehicle or a heavy goods vehicle'.the section abundantly makes clear that it neither includes light motor vehicles nor heavy goods vehicles. 15. section 2(16) of the motor vehicles act, 1988 reads thus: ' 'heavy goods vehicle' means any goods carriage the gross vehicle ..... of the motor vehicles act, 1988 reads thus: 'transport vehicle' means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle'.tho definition of the transport vehicle includes all class or description of the vehicles. 13. section 2(21) of the motor vehicles act, 1988 reads thus: 'light motor vehicle' means a transport vehicle or omnibus the gross vehicle weight of ..... kgs. then it is classified as a heavy goods vehicle. 16. section 2(17) of the motor vehicles act, 1988 reads thus: ' 'heavy passenger motor vehicle' means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 ..... the date of the accident, the driver in question possessed with him valid driving licence or not? 10. section 2(10) of the motor vehicles act, 1988 reads thus: 'driving licence' means the licence issued by a competent authority under chapter ii authorising the person specified therein to drive, otherwise than as .....Tag this Judgment!
Court : Karnataka
Reported in : 2009ACJ1132; ILR2008KAR4112; 2008(5)AIRKarR139; AIR2008NOC2462;
..... cover the liability of the pillion rider. their lordships, having considered all earlier pronouncements of the supreme court over the interpretation of section 95 of the motor vehicles act, 1939 and section 147 of the motor vehicles act, 1988, as it stood prior to and after its amendment with effect from 14-11-1994, held thus:21. in our view, although the observations made in ..... v.c. 1090 to 1097/1994 and thereafter renumbered as m.v.c. 258 to 265/2000 respectively, for compensation, invoking section 166 of the motor vehicles act, 1988 (for short 'act'). the owner of the offending motor vehicle though served with notice of the claims, remained absent and was placed exparte while the insurer entered appearance through counsel, resisted the claim by filing ..... the main provision. this proviso is not identical to proviso (ii) of section 95 of the motor vehicle act, 1939. in other words, clause (ii) of proviso to section 95 of the motor vehicles act, 1939 is not existent in the proviso to section 147(1) of the motor vehicles act, 1988. in new india assurance co. v. satpal singh and ors. (2000) 1 ssc 237 the ..... 147 which corresponds to old section 95 has been substantially altered by the legislature. therefore, the above interpretation of section 95 of the 1939 act will govern the cases which have arisen under the 1939 act.(ii) motor vehicles act, 1988: (a) section 147 prescribes the requirement of a policy of insurance and limits of liability, while the proviso appended thereto carves out .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1993KAR2812; 1994(3)KarLJ628
..... 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, on the sole ground that the said tourist vehicles are operated as non-stop motor vehicles plying between any two points and carry individual passengers whose names are listed as per the prior ..... the authorities functioning under the 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 ..... how section 200 can be said to be involving any adjudication of offence by the officers authorised by the aforesaid notifications. the provision like section 200 of the motor vehicles act, 1988 is found also in other statutes. mr.dattu, the learned government advocate appearing for the appellant state invited our attention to the decision of the supreme court ..... : 3scr1 12. points for determination;in view of the aforesaid rival contentions, the following points arise for our determination:1. whether 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 .....Tag this Judgment!
Court : Karnataka
Reported in : 2001ACJ1528; AIR2001Kant275; ILR2001KAR2879; 2001(5)KarLJ322
..... the importance of various questions arising regarding the scope and applicability of section 163a which was inserted by the parliament in the motor vehicles act, 1988 (for short, 'the 1988 act') by motor vehicles (amendment) act, 1994 (act 54 of 1994) (hereinafter referred to as 'the amending act'), the division bench on 3rd of march, 2000 after formulating certain questions of law which were likely to arise and affect ..... into account and would govern the rights of the parties'. in this view of the matter i am of the considered view that section 140 of the motor vehicles act, 1988, as amended by motor vehicles (amendment) act, 1994 (act 54 of 1994) enforced with effect from 14-11-1994 shall apply to all claims pending before the tribunal or appellate court as also the causes of ..... the various case laws governing adoption of multiplier laid down the law as under:'16. the situation has now undergone a change with the enactment of the motor vehicles act, 1988, as amended by amendment act 54 of 1994. the most important change introduced by the amendment insofar as it relates to determination of compensation is the insertion of sections 163-a and ..... rs. 90,000/- was awarded. aggrieved against the order of the tribunal, the appeal was filed.5. counsel for the appellant had argued that the 1939 act has been repealed and in its place motor vehicles act, 1988 was enacted by the parliament, which came into force with effect from 1-7-1989. that as per the repeal and saving section 217 of the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2003(1)ALT620
..... the liability to pay tax in respect of a motor vehicle arises under this act, and such motor vehicle is required to be registered in the state under the motor vehicles act, 1988 (central act 59 of 1988), no registration authority shall register such motor vehicle, unless payment of such tax has been made by the person concerned in respect of that vehicle.'13. undoubtedly, the motor vehicles act, 1988 is a central enactment and the a.p ..... as such the provisions of section 23 of the a.p. tax on entry of motor vehicles into local areas act, 1996 are repugnant to section 45 of the motor vehicles act, 1988 (central act 59 of 1988), it is difficult for us to appreciate this contention. as already stated, the motor vehicles act, 1988 is a central enactment legislated by the parliament under entry 30 of list i of schedule vii whereas ..... . tax on entry of motor vehicles into local areas act, 1996 is a .....Tag this Judgment!
Court : Supreme Court of India
Reported in : I(2004)ACC1; 2004ACJ1; AIR2004SC1531; 2004(2)ALD36(SC); 2004(2)AWC1589(SC); 2004(1)BLJR725; 118CompCas396(SC); 109(2004)DLT304(SC); 2004(72)DRJ555; (2004)2GLR989; (2004)3SCC297
..... defence or the owners be absolved from any liability whatsoever. we would be dealing in some details with this aspect of the matter a little later.learner's licence :89. motor vehicles act, 1988 provides for grant of learner's licence. [see section 4(3), section 7(2), section 10(3) and section 14]. a learner's licence is, thus, also a licence ..... at a finding on the basis of the materials available on records.67. in the aforementioned backdrop, the provisions of sub-sections (4)and (5) of section 149 of the motor vehicles act, 1988 may be considered as the liability of the insurer to satisfy the decree at the first instance.68. a beneficent statute, as is well known, must receive a liberal interpretation ..... so done, it amounts to rewriting the statute or the contract of insurance which is not permissible.'31. for the aforementioned reasons, the provisions contained in chapter xi of the motor vehicles act, 1988 must be construed in that light.32. sub-section (1) of section 149, casts a liability upon the insurer to pay to the person entitled to the benefit of ..... bankruptcy or the winding-up of proceedings. the beneficial provisions of the aforementioned english statutes were incorporated by the parliament of india while enacting the motor vehicles act, 1939 which has also since been repealed and replaced by the motor vehicles act, 1988.19 concededly different types of insurance covers are issued containing different nature of contract of insurance. we are, however, in this batch of cases .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1990SC2072; JT1990(2)SC448; 1990(1)SCALE342; (1990)2SCC562; 1SCR614
..... call in question action of the concerned transport authorities in not entertaining their applications under the provisions of the motor vehicles act, 1988.3. motor vehicles act (4 of 1939) made provision for grant of contract carriage permits. the karnataka contract carriages (acquisition) act (karnataka act 21 of 1976) received assent of the president on 11th of march, 1976, but was declared to have ..... provisions with regard to application and grant of permits in sections 14 and 20 have nothing in common with the provisions of sections 74 and 80 of the motor vehicles act 1988. the former provisions are ancillary to giving effect to the acquisition and nationalisation of the road transport within local territorial limits. the later provisions are general in ..... judgment prepared by my esteemed brethren sawant and k. ramaswamy, jj. brother sawant has taken the view that section 20 of the karnataka act has not become void with the enforcement of the ''motor vehicles act, 1988, while brother k. ramaswamy has come to the contrary conclusion. agreeing with the conclusion of sawant, j., i have not found it ..... p.b. sawant, j.1. this group of petitions raises a common question of law viz.: whether the motor vehicles act, 1988 (hereinafter referred to as the mv act 1988) has impliedly repealed the karnataka contract carriages (acquisition) act, 1976 (hereinafter referred to as the karnataka act).2. the petitioners claim a declaration that the provisions of section 14 and 20 of the karnataka .....Tag this Judgment!