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Judgment Search Results Home > Cases Phrase: motor vehicles act 1988 section 132 Court: karnataka Page 1 of about 14,146 results (0.052 seconds)

Dec 08 2003 (HC)

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

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 ..... 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 if a breach is committed of the condition excluding driving by a named person or ..... finding in fastening the liability on the insurance company to pay the compensation though ex.r1, the driving licence authorised the driver to drive the light motor vehicle (non-transport) and therefore, there was breach of terms of policy. secondly, he contends that due to the said breach, the liability, if ..... mact, on the basis of oral and documentary evidence placed on record, rendered a finding of rash and negligent driving by the driver of the motor vehicle causing the accident and resulting in injuries to the claimant. the insurer in this appeal has not questioned this finding of actionable negligence and therefore, ..... 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, .....

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Dec 03 1997 (HC)

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

Court : Karnataka

Reported in : ILR1998KAR2696; 1997(4)KarLJ566

..... 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 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 ..... by the appellant and dismissed the writ petition. 7. in view of the above contentions, the important questions 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 ..... period in the manner prescribed by the central 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 .....

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Apr 17 2006 (HC)

B.N. Reddy Vs. Asstt. Cit and anr.

Court : Karnataka

Reported in : (2006)202CTR(Kar)578; [2006]284ITR745(KAR); [2006]284ITR745(Karn); [2006]155TAXMAN295(Kar)

..... for assessment in search cases is prescribed in chapter xiv-b of the act. section 158bh of the act makes it further clear that all the provisions of income tax act shall apply to assessment made under chapter xiv-b. thus, the provisions of section 132 including explanation 2 and section 142(2a) of the act shall apply to the procedure for assessment made in search cases. chapter ..... said to be pending before the assessing officer at the time of passing an order under section 142(2a) of the act or not ?9. it is relevant to refer at this stage to the explanation 2 of section 132 of the act which reads thus :'explanation 2 : in this section, the word 'proceeding' means any proceeding in respect of any year, whether under the indian ..... income tax act, 1922 (11 of 1922) or this act, which may be pending on the date on which a search is authorised under ..... xiv-b not only contemplates passing of block assessment order in the case of search but also prescribes the procedure for passing assessment order such as issuing notice and adopting the provisions of section 142(2a) of the act. thus .....

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Oct 04 1993 (HC)

State of Karnataka Vs. Mohammed Illyas

Court : Karnataka

Reported in : ILR1993KAR2812; 1994(3)KarLJ628

..... 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 detained ..... 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, 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 ..... that any officer of the motor vehicles department of and above the rank of inspector of motor vehicles shall exercise the powers under the provisions of section 114, 130, 132, 133, 134, 136, 158, 200, 203, 204, 205, 206 and 207 of the act.(viii) the central government has framed rules named and styled as central motor vehicles rules, 1989. rule 85 ..... the court competent to 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 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 .....

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Apr 19 1985 (HC)

G.B. Ramesh and anr. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : AIR1985Kant237; ILR1985KAR2096; 1985(2)KarLJ241

..... special permit issued under sub-see. (6) of sec. 63 of the motor vehicles act is in force. the expression 'public service vehicle' is not defined in the act and therefore this expression has to be assigned the same meaning as assigned in the motor vehicles act. the expression 'public service vehicle' under sub-sec. (25) of sec. 2 of the motor vehicles act 'means any motor vehicle used or adapted to be used for the carriage ..... of passengers for hire or reward, and includes a motor cab, contract carriage and stage carriage.'13. a stage carriage and a contract carriage are ..... in cl. (3) of sec. 2 of the motor vehicles act and includes: -(i) a public service vehicle in relation to which a special permit has been issued under sub-section (6) of section 63 of the motor vehicles act;(ii) a public service vehicle in relation to which a temporary permit has been issued under sub-section (1) of section 62 or subsection (1c) of section 68 of the motor vehicles act;(iii) a public service .....

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Jun 30 1978 (HC)

B.V. Subramanya Setty Vs. Senior Regional Transport Officer and ors.

Court : Karnataka

Reported in : ILR1984KAR85

..... assumption that registration of 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 by declaring that words ..... may be specified in the certificate by the prescribed authority under section 38(1) of the motor vehicles act [vide section 38(2) of the motor vehicles act]9. the petitioners contend that since the vehicles in question by virtue of section 38(1) should be deemed to have been not validly registered for the purpose of section 22 of the motor vehicles act, they should be deemed to have been not validly registered ..... 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 prohibits the driving of a transport vehicle unless the vehicle is not only registered but also has a .....

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May 30 1997 (HC)

Abdul Rauf Vs. the Regional Transport Officer and Registering Authorit ...

Court : Karnataka

Reported in : 1998(4)KarLJ71

..... petitioner was legally debarred, from bringing the vehicle on the road for use in the absence of a permit and since the permit could not be issued till such ..... request for registration of the vehicle, disabled the petitioner from putting the vehicle on the road for use. the documents concerning the vehicle, argued the learned counsel had been tendered to the authority which had remained with them, in the absence whereof the petitioner could not have made use of the vehicle. he relied upon section 66 of the motor vehicles act of 1988 and argued that the ..... time the vehicle was transferred in his name, it must be presumed that the vehicle had not actually remained in use.3. the ..... assailed in an appeal before the commissioner for transport at gulbarga. the appellate authority held that the vehicle having been brought into the state of karnataka in december, 1989 and not being exempted from the payment of tax under section 16 of the motor vehicles taxation act of 1957, the only course open to the petitioner, under the circumstances was to pay the amount .....

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Apr 14 1959 (HC)

V. Ayodhyaraman Vs. State of Mysore

Court : Karnataka

Reported in : AIR1960Mys212; 1960CriLJ1114

..... it is not indicated that it shall be presumed to exist in the case of the offence charged. section 124, motor vehicle act, provides for the punishment for contravening the provisions of s. 72 of the act as follows :'whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of s. 72 of the conditions of any permit issued ..... 17th december, 1958 passed by the city magistrate, bangalore, in criminal case no. 2240 of 1958 convicting the petitioner for an offence under s. 72(3) read with section 124 of the indian motor vehicles act and sentencing him to pay a fine of rs. 100/- and in default to suffer simple imprisonment for one month. the learned magistrate has further directed that the ..... the conviction of the petitioner in the circumstances of the case cannot be supported and that the petitioner cannot vicariously be held liable for the act committed in motor vehicles, act particularly in view of sub-section (4) of s. 72 of the act which enables a court to raise a presumption only to a case falling under s. 72(2) or clause (a) of sub ..... case of the contravention of s. 72(2) or s. 72(3)(a) and not in case where there is a contravention of s. 72(3)(b) of the motor vehicles act. his lordships observed as follows:'i have examined the relevant section of the motor vehicles act from this point of view. according to s. 72(4)-- 'where the driver or person in charge of a .....

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Nov 20 2003 (HC)

New India Assurance Company Vs. Smt. Veena Upadhya and ors.

Court : Karnataka

Reported in : 2005ACJ183; ILR2004KAR2036

..... liability of the insurance company was, according to mr. jaiprakash, limited to what was essential under section 95 (2) (a) of the motor vehicles act, 1939. in support, mr. jaiprakash placed reliance upon the decision of the supreme court in national insurance company ltd., v. jugal kishore and ors., 1988 acj 270; new india assurance co., ltd., v. shanthi bai, : [1995]1scr871 ; amritlal sood v ..... . it repelled the contention urged on behalf of the insurance company that its liability was in terms of the policy issued to the insured and the provisions of section 95(2) of the motor vehicles act, 1939, limited to a sum of rs. 1,50,000/-. the tribunal held that since the insurance company had failed to produce a copy of the insurance ..... third party limits made under the policy. the result, therefore, is that the liability of the insurance company is limited to rs. 1,50,000/- stipulated under section 95(2) (a) of the motor vehicles act, 1939, consequently the tribunal holding the liability to be unlimited and directing the insurance company to pay the entire amount awarded in favour of the claimants is erroneous ..... endorsement issued in that regard. in that view, therefore, it is reasonable to hold that the liability of the insurance company was limited to the one arising under section 95(2) (a) of the motor vehicles act, 1939, alone, no matter the policy was a comprehensive one. considerable support for that view is available from the decision of the supreme court in national insurance .....

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Dec 04 1989 (HC)

S.A. Wahab Vs. Assistant Regional Transport Officer

Court : Karnataka

Reported in : ILR1990KAR1198; 1990(3)KarLJ164

..... pointed out, it is the authority issuing the special permit that can take cognizance of any violations of the conditions of such permit and take action as provided under section 60 of the motor vehicles act.10. therefore, the recovery of collection of tax of rs. 4,200/- by the first respondent was without the authority of law. the writ petition is allowed and ..... stated by the deputy commissioner for transport in his order. it is argued by shri ananda shetty, learned counsel for the petitioner that the vehicle had a valid permit issued under section 63(6) of the motor vehicles act and the vehicles covered by special permit are exempt from payment of tax by virtue of a notification dated 15-5-1958 issued by the government in ..... made in the context of the facts of the said case does not help the respondents.8. in syed rafiq ahmed's case also a special permit was issued under section 63(6) of the motor vehicles act and the vehicle had been seized for recovery of arrears of tax. this court held that any recovery of arrears of tax due in respect of a ..... of the conditions of the permit is a matter on which the transport authority which granted permit has to take notice of any such violation and take appropriate action under section 60 of the motor vehicles act. under section 60, the transport authority issuing the permit may cancel the permit or suspend it for breach of any of the conditions referred to in .....

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