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Start Free TrialMotor Vehicles Act, 1988 Section 185
Title: Driving by a Drunken Person or by a Person Under the Influence of Drugs
State: Central
Year: 1988
Whoever, while driving, or attempting to drive, a motor vehicle,- 1 [(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or] (b) is under this influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both. Explanation. -For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle. ______________________ 1. Substituted by Act 54 of 1994, Section 55, for clause (a) (w.e.f. 14-11-1994).
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Complete Act
State: Central
Year: 1988
..... (6) "conductor's licence" means the licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor; (7) "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 vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum- (a) on a time basis, whether or not with reference to any route or distance; or (b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes- (i) a maxicab; and (ii) a motorcab notwithstanding the separate fares are charged for its passengers; (8) "dealer" includes a person who is engaged- (a) 1 [ x x x] (b) in building bodies for attachment to chassis; or (c) in the repair of motor vehicles; or (d) in the business of hypothecation, leasing or hire-purchase of motor vehicle; (9).....
List Judgments citing this sectionMotor Vehicles Act, 1939 Complete Act
State: Central
Year: 1939
.....that Chapter so takes effect in that State, Chapter VII of the Travancore-Cochin Motor Vehicles Act, 1125, shall have effect in that State as if enacted in this Act.] SECTION 02: DEFINITIONS - In this Act unless there is anything repugnant in the subject or context- 6(1) "Area", in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision specify by Notification in the official Gazette. (1A) "articulated vehicle" means a tractor to which a trailer is attached in such a manner that a part of the trailer is super-imposed on, and a part of the weight of the trailer is borne by, the tractor;] "The 'Committee are of the opinion that the explanation In Form E of the First dule terms "area" and "route", which occur dule; should be brought to the section by to the various sections of the principal Act which the various expressions have been and In the clauses of the Bill, should be de defined. The Committee have accordingly fined. The Committee also feel that the de- Inserted suitable definitions of these terms In finition of 'articulated vehicle' as given in the clause."-J.C. R.-Gaz of India. 25-11- 1968,.....
List Judgments citing this sectionMotor Vehicles Act, 1988 Chapter 13
Title: Offences, Penalties and Procedure
State: Central
Year: 1988
.....to five hundred rupees. (3) If the holder of a permit or the driver of a contract carriage refuses, in contravention of the provisions of this Act or rules made thereunder, to ply the contract carriage or to carry the passengers, he shall,- (a) in the case of two-wheeled or three-wheeled motor vehicles, be punishable with fine which may extend to fifty rupees; and (b) in any other case, be punishable with fine which may extend to two hundred rupees. Section 179 - Disobedience of orders, obstruction and refusal of information (1) Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to five hundred rupees. (2) Whoever, being required by or under this Act to supply any information, wilfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall, if no other penalty is provided.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 203
Title: Breath Tests
State: Central
Year: 1988
.....station, be given an opportunity to provide a specimen of breath for a breath test there. (6) The results of a breath test made in pursuance, of the provisions of this section shall be admissible in evidence. Explanation.-For the purposes of this section "breath test", means a test for the purpose of obtaining an indication of the presence of alcohol in a person's blood carried out on one or more specimens of breath provided by that person, by means of a device of a type approved by the Central Government by notification in the Official Gazette, for the purpose of such a test. ______________________ 1. Substituted by Act 54 of 1994, Section 61, for sub-section (1) (w.e.f. 14-11-1994).
View Complete Act List Judgments citing this sectionThe Indian Penal Code 1860 Complete Act
State: Central
Year: 1860
.....1908, `India', means the territory of India excluding the State of Jammu and Kashmir. Under s. 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969, `India' means for the purposes of this Act the territories to which this Act extends (i.e., whole of India except the State of Jammu and Kashmir). According to s. 2(27) of Customs Act, 1962, `India' includes the territorial waters of India. SECTION 19: "JUDGE" The word "judge" denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgement or a judgement which, if not appealed against, would be definitive, or a judgement which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgement. Illustrations (a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge. (c) A member of a Panchayat which has power.....
List Judgments citing this sectionThe Madras City Police Act, 1888 Complete Act
State: Tamil Nadu
Year: 1888
.....Police (Second Amendment) Act, 1941 (Madras Act XXII of 1941), re-enacted permanently by section 2 of and the First Schedule to, the Tamil Nadu Re-enacting (No II) Act, 1948 (Tamil Nadu Act VIII of 1948). This definition has since been further substituted as follows by section 2 of the Madras City police and Gaming (Amendment) Act, 1949 (Tamil Nadu Act VII of 1949):- "Gaming" does not include a lottery buy includes wagering or betting.) Explanation:- For the purpose of this definition, wagering or betting shall be deemed to comprise the collection or soliciting of bets, the receipt or distribution of winnings or prizes in money or otherwise, in respect of any wager or bet, of any act which is intended to aid of facilitate wagering or betting or such collection, soliciting, receipt or distribution" The Madras city Police and Gaming (Amendment) Act, 1949 (Tamil Nadu Act VII of 1949) has further been amended by the Tamil Nadu Horse Races. Abolition of wagering or Beting) Act, 1974 (Tamil Nadu Act 44 of 1974) providing for the abolition of wagering or betting on horse races in the State of Tamil Nadu with effect on and from the 31st March, 1975.) ["Gaming" does not include a.....
List Judgments citing this sectionMotor Vehicles Act, 1988 Complete Act
Title: Motor Vehicles Act, 1988
State: Central
Year: 1988
..... Section4 - Age limit in connection with driving of motor vehicles Section5 - Responsibility of owners of motor vehicles for contravention of sections 3 and 4 Section6 - Restrictions on the holding of driving licences Section7 - Restrictions on the granting of learner's licences for certain vehicles Section8 - Grant of learner's licence Section9 - Grant of driving licence Section10 - Form and contents of licences to drive Section11 - Additions to driving licence Section12 - Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles Section13 - Extent of effectiveness of licences, to drive motor vehicles Section14 - Currency of licences to drive motor vehicles Section15 - Renewal of driving licences Section16 - Revocation of driving licence on grounds of disease or disability Section17 - Orders refusing or revoking driving licences and appeals therefrom Section18 - Driving licences to drive motor vehicles, belonging to the Central Government Section19 - Power of licensing authority to disqualify from holding a driving licence or revoke such licence Section20 - Power of court to disqualify Section21 -.....
List Judgments citing this sectionThe Kerala Police Act, 1960 Complete Act
State: Kerala
Year: 1960
.....puts on the dress of any police officer, or any dress designed to represent it or to be taken for it; or (iv) Otherwise personates the character or acts the part of any police officer, except for purposes of entertainment,shall on conviction, be liable to fine not exceeding two hundred rupees or to imprisonment for a period which may extend to six months, or to both. 41. Penalties for neglect of duties, etc .-Any police officer who- (a) contravenes the provision of section 15 ; (b) is guilty of cowardice; (c) resigns his office or withdraws himself from the duties thereof in contravention of section 14 ; (d) is guilty of any wilful breach or neglect of any provision of law or any rule or order which it is his duty as such police officer to observe or obey; or (e) is guilty of any violation of duty for which no punishment is expressly provided,shall on conviction be liable to imprisonment for a term which may extend to three months, or to fine which may extend to one hundred rupees, or to both. 42. Vexatious entry, search, arrest, etc., by police officers.- Any police officer who- (a) without lawful authority or reasonable cause, entres or searches or causes to.....
List Judgments citing this sectionCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....
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