Judgment Search Results Home > Cases Phrase: motor vehicles act 1988 section 111 power of state government to make rules Page 1 of about 869 results (0.345 seconds)

Kota Mini Bus Malik Sangh Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR2007Raj228

..... are examined along with the said provisions relied on by the respondent-state namely rule 7.7 to rule 7.81 of the rajasthan motor vehicles rules, 1990 (for short 'the rules of 1990') as against the rules of 1989, it would be evident that the rules of 1990 have been framed by the state government in exercise of the powers conferred on it by section 111 of the rajasthan motor vehicles act, 1988. ..... the state government being empowered under section 111 of the act to make rules, rules framed by it are statutory in character and those rules are ..... it provides that the state government has power to make rules with regard to seating ..... section (1) of section 111 provides that 'a state government may make rules regulating the construction, equipment and maintenance of the motor vehicles and trailers with respect of all matters other than matters specified in sub-section (1) of section ..... ' apart from requiring the manufacturer to make adequate arrangements for protection of passengers from sun wind and rains and using such material for manufacturer of the body of the vehicle which is of strong and of good ..... 126 and 127 of these very rules that when the seating capacity of the minidor has been certified to be 6+1 on the basis of approval of the proto type by expert authorities referred to in these rules, this can be replaced only by making, a reference to such authority and obtaining an opinion ..... sought to be revised, the only way this could be done was to make a reference to those authorities again. .....

National Insurance Co. Ltd. Vs. Hari Narayan Ojha and ors.

Court : Patna

..... bare perusal of bihar motor vehicles rules, 1992 it will appear that the rules have been framed in exercise of the powers conferred by sections 28, 38, 65, 95, 96, 107, 111, 138, 176 and 211 of the motor vehicles act, 1988. mr. ..... that section 140 of the act is in chapter x of the act and the state government was not authorised to make any rule in respect of sections 140 to 144 of the act. ..... ojha that as because the state government has not specified any particular date in respect of implementation of the amendment provision in section 140 of the act, the amended provision should be applicable, in my view, is also devoid of ..... ojha has failed to point out the section under which the state government has been empowered to make rules in respect of chapter x of the act which deals with the 'liability without fault in certain ..... lastly, he submits that the amendment provision in section 140 of the act which came into force on 14.11.1994 cannot be made applicable in this case inasmuch as in view of section 1(2) the provision shall come into force on such date as the central government may, by a notification in the official gazette, appoint and different dates may be appointed for different provisions of this act and any rule and any such provision to the commencement of this act shall be construed as a reference to the coming ..... has not been able to satisfy the court that the legislature intends to make substantive provisions of law, retrospective in operation by expressing its clear intention .....

Ramlal Mishra Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR2009MP236

..... section 111 of the motor vehicles act, 1988 empowers the state government to make rules regulating the construction, equipment and maintenance of motor vehicles ..... petitioner, owner of passenger vehicles-maxi cabs, operates on the basis of temporary permits issued by the concerned authorities under section 87(1) of the motor vehicles act, 1988 read with rules 73(1)(d) of the madhya pradesh motors vehicle rules, 1994. ..... furthermore section 74 of the act of the act of 1988 makes a provision for grant of contract ..... the regional transport authority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this act, attach to the permit any one or more pf the following conditions, namely:(i) that the vehicles shall be used only in a specified area or on a specified route or routes;(ii) that except in accordance with specified conditions, no contract of hiring, other than an extension or modification of a subsisting contract, may be entered into outside the specified area ..... order was purportedly in exercise of the powers under rule 170 of the rules of 1994 and with an object to provide security to the passengers travelling in such vehicles and in consonance to the resolution no. ..... respondents on their turn however, supports their action mainly on the count that it is within the power of the transport commissioner to lay down the condition for the public service vehicle to have a hard top, which, it is urged, is in larger public interest and safety. .....

Hirabhai Nanubhai Desai Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : I(1991)ACC335; (1990)2GLR1265

..... section 111 a of the act, 1939 which corresponds to section 176 of the act, 1988, pertains to power of the state government to make rules. ..... further still in order to resolve the controversy raised, it is important to notice and bear in mind the relevant section 217 of the act, 1988, which is reproduced as under.section 217: repeal and savings:(1) the motor vehicles act, 1939 and any law corresponding to that act in force in any-state immediately before the commencement of this act in that state (hereafter in this section referred to as the repealed enactments) are hereby repealed. ..... lo frame rules which would supplant the powers of execution conferred on the collector under section 110-e of the motor vehicles act the purpose underlying section 110-e of the motor vehicles act is to facilitate recovery of the money. ..... incidentally, it may be mentioned that of late in the year 1918, the motor vehicles act, 1939, has been replaced by the motor vehicles act, 1988 and relevant rules made there under, namely, the bombay motor vehicles rules, 1959 have been replaced by the gujarat motor vehicles rules, 1989 (hereinafter referred to as the 'act, 1939' or 'act, 1988' and 'rules, 1939' or 'rules, 1989' an the case may be). ..... pathak was unable to point out any inconsistency in the language of any of the provisions of the motor vehicles act itself or the rules framed thereunder which would negative the application of the salutary provision for the protection of an impecunious litigant. .....

Bengal Bus Syndicate and ors., Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR2006Cal232,(2006)2CALLT220(HC),2007(1)CHN33

..... the common case in all the writ petitions is that not only the state government lacks in legislative competence to make the impugned rule, but it is also ultra vires the provisions of the motor vehicles act, 1988, section 59, which is:59. ..... (3) notwithstanding anything contained in section 56, no prescribed authority testing station shall grant a certificate of fitness to a motor vehicle in contravention of the provisions of any notification issued under sub-section (1).advocates for the petitioners read out to me relevant provisions of the motor vehicles act, 1988, and concluded that they could not see which one of them conferred on the state government the power to make the rule through which it, in reality, encroached upon occupied filed. ..... in my view, provisions in section 96 of the motor vehicles act, 1988 did not empower the state government to confer any power on itself by making rule in exercise of power conferred by that section. ..... : air2004sc2413 (holding that section 96 of the motor vehicles act, 1988 did not empower the state government to make rules applicable to all india tourist permit, the power for the purpose having been exclusively vested in the central government).7. ..... he clarified that other provisions of the statute (sections 28, 38, 65, 107, 111, 138, 159 and 176) were unnecessarily mentioned in the notification concerned as the several other sources of the requisite power of the state government to make the rule. .....

J and K State Road Transport Corporation Vs. Nachhattar Kaur and ors.

Court : Punjab and Haryana

Reported in : 2005ACJ1007; AIR2004P& H1; (2003)135PLR799

..... under section 111-a of the motor vehicles act, 1939 (for brevity, 'old act') which is equivalent to section 176 of the newly enacted motor vehicles act, 1988 (for brevity, 'new act'), the state government is vested with the powers to make rules regulating the procedure to be followed by the tribunals in holding an enquiry for the purposes of considering the claim petitions filed under section 110 of the old act or sections 165 to 174 of the new act. ..... - a state government may make rules for the purpose of carrying into effect the provisions of sections 165 to 174, and in particular, such rules may provide for all or any of the following matters, namely:- (a) the form of application for claims for compensation and the particulars, it may contain, and the fees, if any, to be paid in respect of such applications;(b) the procedure to be followed by a claims tribunal in holding an inquiry under the chapter;(c) the powers vested in a civil court which may be exercised by a claims ..... power of slate government to make rules. ..... ' a perusal of section 176 of the new act reveals that the state government has been vested with the power to regulate the procedure to be followed by the tribunal in holding an enquiry under chapter xii i.e. ..... accordingly, the state government has framed the rules known as punjab motor accidents claims tribunals rules, 1964 (for brevity, 'the rules'). .....

J and K State Road Transport Corporation Vs. Nanchhattar Kaur and ors.

Court : Punjab and Haryana

Reported in : 3(2005)ACC655

..... under section 111-a of motor vehicles act, 1939 (for brevity 'old act') which is equivalent to section 176 of the newly enacted motor vehicles act, 1988 (for brevity 'new act'), the state government is vested with the powers to make rules regulating the procedure to be followed by the tribunals in holding an inquiry for the purposes of considering the claim petitions filed under section 110-a of the old act or section 166 of the new act. ..... power of state government to make rules. ..... is not dismissed under rule 5, the claims tribunal shall send to the owner of the motor vehicle involved in the accident and its insurer, a copy of the application together with a notice of the date on which it will hear the application, and may call upon the parties to produce on that date any evidence which they may wish to tender.a perusal of section 176 of the new act reveals that the state government has been vested with the power to regulate the ..... --a state government may make rules for the purpose of carrying into effect the provisions of sections 165 to 174, and in particular, such rules may provide for all or any of the following matters, namely-(a) the form of application for claims for compensation and the particulars, it may contain, and the fees, if any, to be paid in respect of such application;(b) the procedure to be followed by a claims tribunal in holding an inquiry under this chapter;(c) the powers vested in a civil court which may be exercised by a claims .....

Karnataka State Road Transport Corporation Vs. Pooja Travels and ors.

Court : Karnataka

Reported in : ILR2005KAR164; 2005(1)KarLJ419

..... ), the government of karnataka hereby makes the following rules, namely'.21. ..... looking to the aforesaid preamble, it is very much clear that the government of karnataka has framed the karnataka motor vehicles rules, 1989 in exercise of power conferred on it by sections 28, 38, 65, 95, 109, 111, 138 and 178 of the motor vehicles act, 1988 (central act 59 of 1988). ..... iv, section 2-c(i) of the karnataka gazette, extraordinary, dated 20th march, 1990 inviting objections and suggestions from all persons likely to be affected thereby on or before 5th april, 1990.and whereas, the said gazette was made available to the public on 20th march, 1990.and whereas, the objections and suggestions received in this regard have been considered by the state government.now, therefore, in exercise of the powers conferred under sections 28, 38, 65, 95, 109, 111, 138 and 178 of the motor vehicles act, 1988 (central act 59 of 1988 .....

National Insurance Co. Ltd. Vs. Kripa Sindhu Nayak and ors.

Court : Kolkata

Reported in : 2006ACJ447

..... das has produced the gazette notification dated 16.9.1989 for publication of west bengal motor vehicles rules, 1989, which were framed in exercise of power conferred by sections 28, 38, 65, 96, 107, 111, 138, 159 and 176 read with section 211 of motor vehicles act, 1988. mr. ..... das referred to the provisions of subsection (3) of section 1 whereby the state government was vested with the power to enforce the aforesaid act in this state from a date different from the date on which the act came into force, i.e. ..... the state government in exercise of the power under sub-section (3) of section 1 of the said act did never specify any date other than 1.7.1989 for enforcement of the said act in this state. ..... unless the said act came into force prior to the aforesaid notification, the state government did not have the occasion to exercise the rule making power. ..... the said rule making power was exercised by the state government after the act came into force on 1.7.1989. ..... das to show that the state government fixed a date different from 1.7.1989 for the enforcement of the said act in this state. ..... such publication of the aforesaid rules is indicative of the fact that the aforesaid act also became operative in this state with effect from 1.7.1989.4. ..... das has accordingly submitted that 16.12.1998 is the date on which the said act came into force in this state.3. .....

Bharat Lal Vs. Sriom and ors.

Court : Rajasthan

Reported in : 2002ACJ1906; 2001(4)WLC498

..... after coming into force the motor vehicles act, 1988, the state of rajasthan in exercise of powers conferred under sections 8(3), 28, 38, 65, 95, 96, 107, 111, 138, 146, 176, 201, 211 and 213 of the motor vehicles act, has framed the rules. ..... the state government while doing so has framed rule 10.28 prescribing the procedure to be followed by the motor accidents claims tribunals in holding inquiries and has specifically made a mention that only certain provisions of the civil procedure code would be made applicable before every claims tribunal. ..... a close scrutiny of the aforesaid rule 10.28 makes it specific that all provisions of order ix of civil procedure code are made applicable before every motor accidents claims tribunal but, if any order is passed under order ix, civil procedure code by such tribunal then such order is not made appealable under order xliii, rule 1, civil procedure code because the provisions of order xliii of civil procedure code are not extended under rajasthan motor vehicles rules, 1990. ..... it is well to remember that motor accidents claims tribunals constituted under the motor vehicles act, 1988 are not subordinate to the high court under section 3, civil procedure code which provides that for the purpose of the code of civil procedure, the district court is subordinate to the high court and every civil court of a judge inferior to that of district court and .....