Court : Kolkata
Reported in : 2004(3)CHN545
..... by these applications, the petitioners have challenged the west bengal additional tax and one-time tax on motor vehicles tax (amendment) act, 2003 (west bengal act xiv of 2003), the west bengal motor vehicles tax (amendment) act, 2003 (west bengal act xix of 2003) and the west bengal additional tax and one-time tax on motor vehicles (second amendment) act, 2003 (west bengal act xx of 2003).3. ..... act, the owner of any motor cycle being less than fifteen years old, when applying for first registration, or assignment of fresh registration mark, or change of address on removal of the motor cycle from a state other than the state of west bengal, on or after the date of coming into force of the west bengal additional tax and one-time tax on motor vehicles (second amendment) act, 2003, shall pay life-time tax as specified in schedule iii in lieu of tax payable under the west bengal motor vehicles tax act, 1979 (west ..... according to section 9a notwithstanding anything contained in the said act, the owner of any motor cycle being less 15 years old when applying for first registration or assignment of fresh registration mark or change of address on removal of the motor cycle from another state other than west bengal on or after the date of coming into force of west bengal additional tax and one-time tax on motor vehicles (amendment) act, 1992 should pay one-time tax as specified in schedule iii in lieu of any tax payable under 1979 .....
Tag this Judgment!Court : Kolkata
Reported in : 2002(4)CHN681
..... questioned the validity and/or legality of the provisions of the amendment act mainly on the ground that the same offends the provisions of the article 301 read with article 304(b) of the constitution of india and as such the said west bengal additional tax and one-time tax on motor vehicles (amendment) act, 1992 is not a valid amendment act according to the petitioner herein.5. ..... of the state further submitted that the state legislature for the aforesaid reasons has felt it necessary to bring the trailors under the ambit of the said tax act and accordingly the west bengal additional tax and one-time tax on motor vehicles (amendment) bill, 1994 has been passed by the west bengal legislative assembly.9. ..... has challenged the validity of the west bengal additional tax and one-time tax on motor vehicles (amendment) act, 1992 on the ground that no previous sanction of the president was obtained before introducing the amendment bill in the legislative assembly.2. ..... appellants in that case impugned the rajasthan motor vehicles taxation act, 1951, inter alia as violating article ..... as i have already held that in the present case the provisions of the amendment act do not infringe the guarantees under article 301 of the constitution of india, question of offending the provisions of article 304(b) in the instant case do ..... the learned advocate of the petitioner submits that the said amendment act is invalid as the same offends the provisions of article 301 read with article 304(b) of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2007Cal176
..... xviii) sub-section (2) of section 96 of the motor vehicles act, 1988, the state government never was empowered to prohibit colouring of the vehicle as per the choice of the motor vehicle owners in respect of their vehicles plying under different stage carriage permits and as such the exercise of the power on the alleged strength of section 96 of the said act for the purpose of amendment and incorporation of a new rule 88b by the state government in west bengal motor vehicles rules, 1989, was dehors of the legislative power ..... such, a point has been canvassed by the learned advocate appearing for the writ petitioners that the prescription of the colour in terms of the gazette notification dated 27th april, 2005 on purported application of amended rule 88b of the west bengal motor vehicles rules, 1989 by specifying the different colours/painting on the footing and basis of the permit as issued either by regional transport authority or by state transport authority, has no legal justification and there ..... the ground of challenge is on the point that the state government had no power under the west bengal motor vehicles act, 1988 to amend the rule for fixing a particular colour scheme as has been intended to be done by rule 88b of the west bengal motor vehicles rules, 1989 and as such due to the legislative incompetency the notifications impugned being dated 26th april, 2005, and 27th april, 2005 respectively, both are of without jurisdiction and ..... reported in : (1985)iillj33sc , , osmania .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN791
..... illegal judgments and consider annexure 'p-l' collectively for issue of appropriate orders;(v) to follow the motor vehicles act, 1988 and part-b and part-c of schedule-1 of section 3 of west bengal additional tax and one-time tax on motor vehicles act, 1989 and amendment act, 1992, 2004 and thereto;(vi) stoppage of registration of omnibuses 'contract carriage', 'public service vehicles' and 'idle bus' without covering any substantive route permit or all bengal contract carriage route permit in accordance with 127(b) of government gazette/notification dated 20th ..... february, 2003;(vii) to stop of issue special permits upon such owner of the vehicles those who are registered in west bengal and plying in west bengal and ..... according to the state respondent the petitioner is liable to pay all taxes under the provisions of motor vehicles act, 1988 and west bengal additional tax act on motor vehicles, 1989. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN59
..... 4th june, 2001 issued by the government of west bengal, department of environment, the state government had adopted the same norms in exercise of powers under sections 17(1)(g) and 20 of air (prevention & control of pollution) act, 1981 for 'all four-wheeled vehicles (other than passenger vehicles) with gvw equal to or less than 3500 kg and vehicles with gvw exceeding 3500 kg' and has directed registering authorities in kolkata metropolitan area refuse registration of vehicles not conforming to such norms, if brought on or ..... the conditions under which an authority can reject an application for replacement has been laid down in rule 153(2)(1)(ii)(iii) and (iv) of the west bengal motor vehicles rules, 1989. ..... para 1 of the central motor vehicles (2nd amendment) rules, 2001 through which items (c) and (d) to rule 115(11) was introduced and a copy of which has been made available to this court by the ld ..... (i) these rules may be called the central motor vehicles (2nd amendment) rules, 2001. ..... 731(e): in exercise of the powers conferred by items (b) of sub-rule (ii) of rule 1 of the central motor vehicles (second amendment) rules, 2001, the central government hereby notifies 31st october, 2001 as the date on which the provisions of said rules shall come into force in mumbai (including greater mumbai) kolkata and chennai in respect of four wheeled vehicles (other than passenger vehicles) with gvw equal to less than 3500 kg as also with gvw exceeding 3500 kg :provided that the provisions .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2006Cal232,(2006)2CALLT220(HC),2007(1)CHN33
..... the rule was inserted by rule 2 of the west bengal motor vehicles (amendment) rules, 2005. ..... since in all these writ petitions vires of a provision of the west bengal motor vehicles rules. ..... --(1) the central government may, having regard to the public safety, convenience and objects of this act, by notification in the official gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements of this act and the rules made thereunder:provided that the central government may specify, different ages for different classes or different types of motor vehicles. ..... (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. ..... the collector of customs and central excise : 1998(100)elt321(sc) (holding that the notification concerned, dated september 30, 1985, would be treated as effective from november 1, 1985, since at that date the gazette containing it was made available for public sale).9. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal543,63CWN88
..... or about the 13th july 1951 a state act wag passed called the motor vehicles west bengal amendment act xix of 1951. ..... relating to state transport undertakings have been introduced into the act, by incorporating a new chapter called chapter iva, which was introduced by section 62 of the motor vehicles (amendment) act 100 of 1856. ..... that this difficulty was felt and the authorities woke up to the realisation that the order of the state government dated the 27th march 1957, purporting to be under section 58(3) of the act as amended by west bengal act xix of 1951 was misconceived and without jurisdiction. ..... 10a are rendered ineffective under section 68f (2) (c) (i) of the motor vehicles act beyond 30th september, 1957 in the case of route no. ..... 10a of calcutta region which were rendered ineffective beyond the 30th september 1957 by an order of the regional transport authority of the said region under sub-clause (i) of clause (c) of sub-section (2) of section 68f of the motor vehicles act 1939 (iv of 1939) in pursuance of the scheme approved by the state government under sub-section (2) of section 68d of the said act and published under notification no. ..... said as follows:'the motor vehicles act is a statute which creates new rights and liabilities and prescribes an elaborate procedure for ..... 1957, an order was passed by the state government purporting to be in exercise of power conferred by sub-section (3) of section 58 of the motor vehicles act 1939 (hereinafter referred to as the 'act'). .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal262
..... was that section 88hh was introduced in the act by section 3 of the motor vehicles (west bengal third amendment) act. ..... also relied upon section 3 of the motor vehicles (west bengal third amendment) act, 1967, whereby section 68hh was introduced in the act. ..... 1 (state of west bengal) to withdraw the order whereby the extension was granted to 147 permit-holders and refused to 150 permit-holders and also for an order directing the respondents to cancel or rescind the said order and to treat the permit issued to the petitioner to be valid for a period of five years under section 58 of the motor vehicles act 1939. 4. mr. s. ..... of uttar pradesh reliance was placed on this decision for the proposition that the motor vehicles act, 1939, continued to be in force as before subject to the amendment made by section 6(4) of the defence of india act 1962. ..... 's contention in this application the defence of india act was enacted to meet an emergency and section 6(4) of the act was not intended to replace the motor vehicles act, 1939, in its entirety and as was held by the supreme court it was only the clauses under section 6(4) of the defence of india act which could be treated as part of the motor vehicles act. ..... banerjee, learned counsel for the petitioner, contended that section 62 of the motor vehicles act 1939 (hereinafter referred to as the act) provided for grant of temporary permit not exceeding four months for the following purposes :-- (a) for the convenience of passengers on special .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC648
..... nambiar, appearing for some of the appellants, raised before us the following points : (i) the motor vehicles (amendment) act (100 of 1956) passed by the parliament is wholly repugnant to the provisions of the u.p. ..... . iii of 1948) amended the motor vehicles act, 1939 (central act iv of 1939) and conferred extensive powers on the provincial government including the power to create a monopoly of the motor transport business in its favour to the exclusion of all motor transport operators ..... . under the amendment act 100 of 1956, whereby a new chapter was inserted in the motor vehicles act of 1939, the procedure prescribed is different ..... the appellants from exercising their fundamental right under the constitution, namely, to carry on their business of motor transport; (ii) the scheme framed under the act, being one made to operate in future and from day to day, is an instrument within the meaning of s. 68b of the amending act, and therefore the provisions of the amending act would prevail over those of the scheme, and after the amending act came into force, it would have no operative force; and (iii) even if the u.p ..... act, did not, on the passing of the motor vehicles (amendment) act, 1956 (100 of 1956), hereinafter referred to as the central act, become wholly void under art. ..... . act, there was no deprivation of property of the appellants within the meaning of the decisions of this court in the state of west bengal v ..... . in the state of west bengal v .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal652,62CWN414
..... thereafter, the motor vehicles (west bengal) amendment act 19 of 1951 received the assent of the president on 30-7-1951 by which section 48a was introduced ..... section 47 (3) of the motor vehicles act, amended by section 41 of act 100 of 1956, provides as follows :'a regional transport authority may, having regard to the matters mentioned in sub-section (1) limit the number of stage carriages generally or of a specified type for which stage carriage permits may be granted in ..... that the words 'shall have regard to' in section 47 of the motor vehicles act implied that the section was not exhaustive. ..... notwithstanding the provisions of sections 47 and 48 of the motor vehicles act, the regional transport authority or the state transport authority has to issue stage carriage permits to state governments.10. i am ..... section 47 of the motor vehicles act of 1939 is. ..... i am, therefore, unable in the present context of the law and the facts of this case to hold that in considering the question of nationalisation and congestion, the regional transport authority did anything illegal under section 47 of the motor vehicles act. ..... public hearing was granted to the applicant under section 57 (5) of the motor vehicles act. ..... fact the substance of the objections of the applicant to the order refusing permit is that the state transport authority took into consideration matters not permitted to be considered under section 47 of the motor vehicles act.3. ..... state transport authority, west bengal, : air1957cal638 (b). .....
Tag this Judgment!