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Aug 16 1995

Kajetan Leo Vaz Vs. Jagdish Raghunath Mankar and Another

Court : Mumbai

Decided on : Aug-16-1995

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC), 1908 - Sections 24 and 25; Motor Vehicles Act, 1939 - Sections 110

Reported in : 1996ACJ249; AIR1996Bom62; 1996(1)BomCR202; (1995)97BOMLR741; 1995(2)MhLj615

points arise for my consideration:-- (i) Whether the Motor Accident Claims Tribunal constituted under Section 110 of the Motor Vehicles Act, 1939 is a 'Court Subordinate to the High Court' within the meaning of Section 24 of the … 91) Mah. LJ SC 1 is not the law declared by Supreme Court under Article 141 of the Constitution of India. Said observations/directions are issued in exercise of powers under Article 142 of the Constitution and also

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Oct 11 1991

State of Assam Vs. Pranesh Debnath and ors.

Court : Guwahati

Decided on : Oct-11-1991

Subject : InsuranceMotor Vehicles

Procedure against an order passed by the Member, Motor Accidents Claims Tribunal Kokrajhar under Section 140 of the Motor Vehicles Act, 1988 (the 1988 Act) awarding a sum of Rs. 7,500/- (Sic. Rs. 12,000/-) by way of compensation … a Tribunal for the purpose of supervisory jurisdiction vested in the High Court Under Article 227 of the Constitution of India.9. The next important case where this aspect was elaborately discussed is the decision of the Punjab

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Sep 17 1962

Sobhraj Odharmal Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Sep-17-1962

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 42, 42(1), 47, 48, 57, 68A, 68C, 68D, 68D(1), 68D(2), 68F, 68F(1), 68F(2) and 68I; Rajasthan State Road Transport Service (Development) Rules, 1960 - Rules 3, 4, 5, 7, 7(4), 8 and 9; Constitution of India - Article 32

Reported in : AIR1963SC640; [1963]Supp1SCR99

relating to the validity of a scheme approved by the State of Rajasthan under s. 68D of the Motor Vehicles Act, 1939 (4 of 1939) and its effect are raised by the appeal and the writ petition. In … Service (Development) Rules, 1960. Some holders of stage carriage permits applied under Arts. 226 and 227 of the Constitution to the High Court of Rajasthan for the issue of writs cancelling the scheme. The High Court by

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May 11 1950

Moti Lal and ors. Vs. the Government of the State of Uttar Pradesh and ...

Court : Allahabad

Decided on : May-11-1950

Subject : Motor VehiclesConstitution

Acts : Motor Vehicles Act, 1939 - Sections 42(1), 42(3), 44(2), 47, 47(1), 48, 58, 62 and 64; Constitution of India - Articles 13, 14, 19, 19(1), 19(6), 53(1), 154(1), 226, 256(3), 266(3), 289, 289(2), 289(3), 298, 301, 303 and 305

Reported in : AIR1951All257

routes selected by them: (2) That though prior to the Constitution, the Regional Transport Authorities, appointed under the Motor Vehicles Act (IV [4] of 1939), could restrict the route or the number of buses, after 26-1-1950, the applicants

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Sep 01 1999

Sumitomo Corporation Vs. State of Tamil Nadu and ors.

Court : Chennai

Decided on : Sep-01-1999

Subject : Other Taxes

Acts : Local Areas Act, 1990 - Sections 3(1) and 4; Constitution of India - Articles 14, 286 and 286(2); Motor Vehicles Act, 1988; Tamil Nadu General Sales Tax Act, 1959

Reported in : AIR2000Mad296

cars bearing Registration Nos. TN-01-B-0843 and TN-01-B-0344 under the provisions of the Tamil Nadu Tax on Entry of Motor Vehicles into Local Areas Act, 1990.2. The case of the petitioner is briefly stated hereunder: petitioner-Corporation is a company … 12 of the affidavit are purely executive instructions and therefore they do not violate Article 14 of the Constitution of India. It is furtherstated the entry tax would be imposable even in respect of vehicles which are

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Aug 16 2000

Zakir HussaIn and ors. Vs. State of Maharashtra and anr.

Court : Mumbai

Decided on : Aug-16-2000

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 115; Constitution of India - Article 19(1)

Reported in : I(2001)ACC219

normal practice which is followed by respondent No. 2 before issuing such Notifications whereby the entries of the Motor Vehicles are prohibited on the particular roads in the interest of public at large, were issued earlier only after … as well as to practice any profession, occupation, trade or business as guaranteed by Article 19(1)(g) of the Constitution. Any law, order or statute which is inconsistent with the provisions of part 3 of the Constitution, to

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Mar 08 1985

iti, Hmt, Hal, Bel and Bgml Vs. State of Karnataka

Court : Karnataka

Decided on : Mar-08-1985

Subject : ConstitutionMotor Vehicles

Acts : Karnataka Motor Vechicles Taxation Act, 1976 - Sections 19; Karnataka Motor Vechicles Taxation Act, 1978 - Sections 1 to 3; Constitution of India - Articles 14, 19(1), 31(1) and 254

Reported in : ILR1985KAR1129

ORDERPuttaswamy, J.1. As the Petitioners in these cases have challenged two amending Acts to the Karnataka Motor Vehicles Taxation Act of 1957 (Karnataka Act 35 of 1957) ('the Act') on grounds that are common or inter-connected … appellate authority under the MV Act. They thenchallenged those orders before this Court under Article 226 of the Constitution which was ultimately upheld by an Appellate Bench of this Court in Writ Appeal No. 413 of 1974

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Jul 29 1997

R. Gandhi and anr. Vs. Union of India (Uoi) Rep. by the Ministry of La ...

Court : Chennai

Decided on : Jul-29-1997

Subject : ConstitutionMotor Vehicles

Acts : Tamil Nadu Tax on Entry of Motor Vehicles into Local Areas Act, 1990 - Sections 3, 3(1), 12, 15A and 19; Constitution of India - Articles 14, 226, 254, 255, 300A and 301 to 304; Central Act; Constitutional Law; Motor Vehicles Act, 1939; Madras High Court Appellate Side Rules, 1965 - Rules 1A and 2(4); Motor Vehicles (Amendment) Act, 1988

Reported in : 1997(3)CTC255

ORDERJanarthanam, J.1. All these actions-this Batch of Writ Petitions-filed by Importers-Dealers or otherwise - of motor vehicles into local area from any 1997/3/17 place outside the State of Tamil Nadu for use or sale herein- … into the local area-are analogous in nature.2. The thrust and focus - either on pure questions of law constitutional or otherwise or on facts the existence of which is a matter of proof-giving risk to legal figment

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Jul 09 1987

Madhukar Balkrishna Badiye and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Jul-09-1987

Subject : ConstitutionMotor Vehicles

Acts : Bombay Motor Vehicles Tax Act, 1958 - Sections 3(1), 3(IB), 3(2), 3(3), 9, and 9(1) to 9(5); Constitution of India - Articles 14 and 19(1)

Reported in : 1987(2)BomCR621; 1987MhLJ698

propelled vehicles including the principles on which taxes on such vehicles are to be levied.'Two enactments, (i) The Motor Vehicles Act, 1939 a Central Act, and (ii) The Bombay Motor Vehicle Tax Act 1958, a State Act, govern … by Entry 57 of List II and Entry 35 of List III of the Seventh Schedule of the Constitution of India. Entries respectively read thus :'57. Taxes on vehicles, whether mechanically propelled or not, suitable for use

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Feb 14 2001

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

Court : Andhra Pradesh

Decided on : Feb-14-2001

Subject : Civil

Acts : Hyderabad City Police Act, 1348 Fasli - Sections 21, 21(1), 82 and 85; Motor Vehicles Taxation Act; Motor Vehicles Act, 1988 - Sections 2(7), 2(40), 66, 67, 68, 69, 70, 71, 72, 73, 74, 82, 84, 85 and 86; Central Motor Vehicle Rules; Bombay Police Act, 1951 - Sections 33(1); Bombay Police Rules - Rule 7; Constitution of India - Articles 14, 19, 19(1), 21 and 226

Reported in : 2001(2)ALT340

some of petitioners are owners of the said vehicles having valid registration and having paid taxes under the Motor Vehicles Taxation Act to the satisfaction of the Road Transport Authority and the Road Transport Authority has granted fitness … trade and as such the petitioners are compelled to approach this Honourable Court under Article 226 of the Constitution of India.5. It is also submitted that this impugned notification issued by the Commissioner of Police, Hyderabad, was

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