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Jun 17 1994

M.G. Malhotra Vs. Secretary, State Transport Authority

Court : Karnataka

Decided on : Jun-17-1994

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 86(1)

Reported in : ILR1994KAR2058; 1994(3)KarLJ135

R, the orders issued by the respondent in exercise of the powers conferred under Section 86 of the Motor Vehicles Act. Annexure-A, is the show cause notice, issued by the first respondent alleging that the petitioner used his motor … impugn Annexures C to R, the orders issued by the respondent in exercise of the powers conferred under Section 86 of the Motor Vehicles Act. Annexure-A, is the show cause notice, issued by the first respondent alleging

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Sep 02 2008

Grubachan Singh Vs. the State of Bihar and ors.

Court : Patna

Decided on : Sep-02-2008

Subject : Motor Vehicles

Acts : Motor Vehicles Act - Sections 86 and 87

this inappropriate conduct, the authority intended to cancel the grant itself but being aware of the provisions of Section 86 of the Motor Vehicles Act, they noted that such an action could not be taken without due … stage carriage permit he submitted his application on basis of a registration granted under the provisions of the Motor Vehicles Act showing the year of manufacture of his vehicle as 2006. The intervener-respondent brought on record the fact that

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Sep 22 1993

Delhi Transport Corporation Vs. NitIn Transport Co. and anr.

Court : Delhi

Decided on : Sep-22-1993

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 86

Reported in : 1994(28)DRJ49

standi to file the suit. (4) The Stage Carriage Permits or Contract Carriage Permits are granted under the Motor Vehicles Act. These permits are not granted under the Road Transport Corporation Act. This is clear from the perusal of … The licensing procedure for the grant of Stage Carriage Permit and the Contract Carriage Permit are mentioned in sections 72 and 74 of the Motor Vehicle Act. The general conditions attached to all the permits are mentioned … 84, and cancellation and suspension of permits are dealt with by section 86. The Authority to take action for breach of terms of permits is

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Feb 12 2009

U.P. State Road Transport Corporation Vs. Assistant Comnr. of Police ( ...

Court : Supreme Court of India

Decided on : Feb-12-2009

Subject : Motor Vehicles

Acts : Road Transport Corporation Act, 1951; Motor Vehicles Act, 1988 - Sections 3, 4, 39, 66, 66(1), 67, 68, 72, 72(2), 80, 84, 86, 86(4), 86(5), 88, 88(5), 88(6), 88(7), 88(8), 89, 92A, 181 and 207; Police Act; Motor Vehicles Act, 1939 - Sections 60, 63, 63(1) and 63(3); Delhi Motor Vehicles Rules, 1993 - Rule 61A and 64A; Constitution of India - Articles 32, 136 and 142

Reported in : 2009(2)AWC1492(SC); (2009)3SCC634; 2009(2)LC870(SC):2009AIRSCW21472009(4)LHSC2198:2009(2)Scale526:2009(4)KCCRSN183

and National Capital Territory of Delhi. Several agreements as envisaged under Sub-section (5) of Section 88 of the Motor Vehicles Act, 1988 (hereinafter called and referred to for the sake of brevity as `the Act') were executed.4. A Public … thus, purported to have violated the conditions as enshrined in the directions of this Court. A proceeding under Sections 3/181, 66(i)/92A of the Act was initiated.In the said proceeding, fine of Rs. 300/- was imposed.6. Respondent, as … of the vehicle.XXX XXX XXXThe Government is directed to notify under Section 86(4) the officers of the rank of Assistant Commissioners of Police or above

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Nov 29 2002

Jami Appala Swamy and anr. Vs. Regional Transport Authority and anr.

Court : Andhra Pradesh

Decided on : Nov-29-2002

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 86(5), 95 and 96; Andhra Pradesh Motor Vehicles Rules - Rule 217

Reported in : AIR2003AP265; 2003(2)ALD324; 2003(2)ALT270

'the Rules') as bad, illegal, arbitrary and without jurisdiction, apart from being contrary to the provisions of the Motor Vehicles Act, 1988 (for short 'the Act') and the Rules made theruender. Hence all these writ petitions are taken up … of cancellation or suspension of the different classes of permits under Section 86 of the Act read with Rule 217 of the Rules. Under the … be imposed subject to the sum being agreed upon by the permit holder. The Rule making power under Sections 95 and 96 of the Act do not in any way vest or confer any such exercise of

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Feb 28 1994

Lt. Governor and ors. Vs. Mahabir Singh and anr.

Court : Delhi

Decided on : Feb-28-1994

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 84 and 86(l)

Reported in : 1994IAD(Delhi)1037; 53(1994)DLT773; (1994)107PLR24

shall exercise such supervision as is necessary to ensure that the vehicle is operated in conformity with the Motor Vehicles Act/Rules with due regard for the comfort, convenience and safety of passengers carried and shall not use or cause … petitioners that plying of the vehicle rashly and negligently is an impermissible user of the vehicle and thereforee. Section 86(1)(b) of the Motor Vehicles Act will be attracted. (5) Section 84 of the Motor Vehicles Act (the

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Aug 28 1998

S. Lalitha Vs. the State of Tamil Nadu Represented by the Secretary to ...

Court : Chennai

Decided on : Aug-28-1998

Subject : Motor Vehicles

Acts : Tamil Nadu Motor Vehicles Rules, 1989 -- Rules 143 and 149 -- Tamil Nadu Motor Vehicle Act, 1988 -- Sections 60(1), 63(7), 68(3), 68(5), 86(4) and 217; Motor Vehicle Act, 1939 -- Sections 60(1) and 60 (2-A); Constitution of India, Articles 14, 16(4) and 309

Reported in : 1998(3)CTC710

insofar as it relates to the delegation of power to suspend the permit under Section 86(4) of The Motor Vehicles Act, 1988 read with Section 68(5) of the said Act as ultra vires Constitution of India insofar as the … Motor Vehicles Rules, 1989 insofar as it relates to the delegation of power to suspend the permit under Section 86(4) of The Motor Vehicles Act, 1988 read with Section 68(5) of the said Act as ultra vires

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Oct 04 1993

State of Karnataka Vs. Mohammed Illyas

Court : Karnataka

Decided on : Oct-04-1993

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 86, 200, 207 and 213(3); Karnataka Motor Vehicle Rules, 1989 - Rules 81A and 259(2); Constitution of India - Article 14; Motor Vehicles Act, 1939 - Sections 129A

Reported in : ILR1993KAR2812; 1994(3)KarLJ628

Writ Appeals and Writ Petitions project a common question centering-round the powers of 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 … further contended that cancellation or suspension of permit is provided by Section 86 of the Act and it is not as if that Section 207 … chooses, otherwise, the authorities can exercise their independent statutory powers on fulfilment of the conditions laid-down in relevant Sections like Section 207 of the Act. He next submitted that the Judgment rendered by Swami, J., amounts to

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Aug 25 1998

Om Parkash Pahwa and ors. Vs. State of Delhi and ors.

Court : Delhi

Decided on : Aug-25-1998

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 2(41), 82, 86(1), 99 and 100(1 and 2); Delhi Motor Vehicles Rules, 1993; Constitution of India - Articles 74, 163 and 239AA

Reported in : 1998VAD(Delhi)285; 3(1998)CLT609; 75(1998)DLT3; 1998(46)DRJ719

to a public notification dated 15.6.1998 issued by the Govt of NCT Delhi under Section 100(3) of the Motor Vehicles Act, 1988 approving a scheme earlier proposed by a public notification dated 22.9.1997 under Section 99 of the Act. … all rejected and finally the notification under Section 100(3) was issued on 15.6.1998.5. The above said notifications under Sections 99 and 100 of the Act have been challenged on very many grounds, the principal of which and … Authority except in the case of death of the permit-holder. Vide Section 86(1)(c) the Transport Authority issuing the permit may cancel or suspend it if

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Mar 28 1985

State Vs. Charan Singh and

Court : Delhi

Decided on : Mar-28-1985

Subject : Motor Vehicles

Acts : Motor Vehicles Act - Sections 86

Reported in : 1985RLR519

inept or inefficient. With these observatsans, 1 dismiss all the four revision petitions. Motor Vehicles - license - Sections 86, 123 and 130 of Motor Vehicles Act - whether Magistrate required to follow procedure laid in Section 130 … appears, was enacted with a view to protect from harassment a person guilty of minor infraction of the Motor Vehicles Act or the Rules framed there under by dispensing with his presence before the Magistrate and in appropriate cases

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