Court : Kolkata
Reported in : AIR2002Cal192,(2003)2CALLT151(HC)
..... be issued directing that the act of-the police sergeants and other authorized representatives under the motor vehicles act, 1988 to compound an offence under section 190(2) of the said act and the offence alleged to have been committed under section 200 of the motor vehicles act, 1988 and thereby seizure of original document is highly illegal, arbitrary and excessive use of administrative machinery, the same being violative of section 190 of the motor vehicles act, 1988 and rule 258 of the west bengal motor vehicles rules, 1989. ..... single judge after considering the matter came to the conclusion that the seizure of document and direction to compound the offence was uncalled for without giving a chance to the petitioner under rule 258(2) of the west bengal motor vehicles rules, 1989 and quashed the compounding and directed the authorities to give back the documents to the petitioner. ..... . the police or motor vehicle authorities who are the checking authorities have to go by these rules and these rules alone and they cannot evolve their own procedure or act under rule 258 of the west bengal motor vehicles rules, 1989 which is beyond the legislative competence of the government of west bengal. 18 ..... . ukil, the learned government pleader, submits that he has moved for the amendment of rule 258 of the west bengal motor vehicles rules, 1989 ..... this rule 116 was substituted by amendment on 26th march, 1993, which reads as under :'116. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2005)194CTR(SC)257; JT2005(5)SC587; (2005)2SCC515; [2005]139STC537(SC)
..... definition is contained in section 2(h) which defines 'stock of luxuries' as meaning:-'the quantity of luxuries that a stockist receives in, or procures for, his stock, or records or accounts for in his books of account, in west bengal during any prescribed period for stocking, vending, supplying or distributing to a wholesaler, dealer, retailer, distributor or any ether person, but shall not include any quantity or such luxuries held by him in stock on the first ..... air1997sc3550, the definition of 'sale price' with respect to notified commodities under section 2(d) of the west bengal sales tax act, 1954 was sought to be restricted with reference to the specific inclusion of sums charged for containers ..... to any value are silk yarn, foreign liquor, toys, electrical and electronic goods, cosmetics, umbrellas, tea, glassware and crockery, soaps, chocolate and confectionery, readymade garments, motorcycles and motor vehicles.section 4 which is the charging section provides:'4. ..... raja anand; : [1967]1scr362, while construing article 31a(2) as enacted by the constitution (seventeenth amendment ) act, 1964 the relevant excerpt of which read as :-'31a(2) in this article-- (a) the expression 'estate' shall in relation to any local area, have the same meaning as that expression or its local ..... : [1985]154itr64(sc) :-'a scrutiny of lists i and ii of the seventh schedule would show that there is no overlapping anywhere in the taxing power and the constitution gives independent sources of taxation .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal177
..... it was said that the inclusion of the west bengal act as amended by west bengal act 29 of 1951 by the constitution fourth amendment act of april 27, 1955 protected the act, if at all, in the form in which it was up to 1951 and could not give it any immunity when the west bengal act was further amended by the west bengal act 23 of 1955 which came into force in september 1955. ..... it was argued that as proviso (b) to section 8 (1) of the west bengal act had been amended after the date of the constitution fourth amendment act the west bengal legislature was trying to alter the constitution by affecting the ninth schedule which it was not competent to do.9. ..... the appellants filed writ petitions and in appeal wanted to include a ground that by reason of the coming into operation of the motor vehicles (amendment) act, no. ..... under permits issued unrfer the motor vehicles act, 1939 along with buses owned by government. ..... transport service act 1955 did not, on the passing of the motor vehicles (amendment) act (central act of 1956) become wholly void under article 254(1) of the constitution but continued to be a valid and subsisting law supporting the scheme already framed under the u. p. ..... motor vehicles act. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(4)CHN798
..... the learned judge relaying upon a decision of this court held that for conforming to the emission standard and in terms of the provision of amended rule 115 of the west bengal motor vehicles rules, for the purpose of granting permit in a route in respect of a vehicle, alternative acceptable standard of emission of bs ii is permissible. ..... the regional transport authority in terms of the provision of the motor vehicles act, 1988 and the rules framed thereunder is absolutely competent to stipulate such condition irrespective of norms for standard of emission fixed by it in condition no. ..... wherein it has been held that condition that vehicle should be not more than seven years old from the date of registration during validity of permit is not ultra vires section 51(2) of the motor vehicles act, 1939. ..... the rules framed under the motor vehicles act with regard to the emission standard or such emission norms as may have been fixed by a rule of law is absolutely different and distinct from the age of a vehicle. ..... it is not in dispute that section 51(2) is pari materia with section 72 of the motor vehicles act, 1988. ..... in this connection it is worthwhile to mention that clauses (xxii) and (xxiv) of sub-section (2) of section 72 of the motor vehicles act, 1988 prescribes that the regional transport authority may after giving notice of not less than one month vary the conditions of the permit; attach to the permit further conditions which may be prescribed. .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)3CALLT155(HC),2001(3)CHN313
..... it was also requested to de-reserve the post in accordance with section 6(2)of the west bengal schedule caste and schedule tribe (reservation ofvacancies in services and posts) act, 1976 (hereinafter referred to as theact of 1976), but on account of inaction on the part of the dis, the petitionerwas driven to file a writ petition before this court and it was argued thatthe dis has no power to de-reserve the ..... state of karnataka reported in : air1990sc405 a three judge bench of the supreme court had an occasion to deal with karnataka general service (motor vehicle branch) (recruitment) rules, 1962. ..... therefore, according to the amended act, now the procedure is that the appointment shall be made by the managing committee of the schools on the recommendation of the regional commission. 6. ..... therefore, the ratio of these cases is that once the selection process has already started, meanwhile if the rules are amended then in that case selection process should be allowed to continue as per the unamended rules and the amended rules will not affect the selection process which has commenced under the unamended rules. 17. ..... director of education reported in : (1983)illj502sc held that the vacancy which has accrued prior to the amendment of the rules would be governed by the old rules and not by the amended rules and therefore their lordships directed that all the 171 vacancies which were existed in 1978 shall be filed up according to the old rules of 1978. 11. .....
Tag this Judgment!Court : Chennai
Reported in : AIR2005Mad408; 2005(4)CTC337; (2006)3MLJ684
..... at the time of registration.6 percent of the total cost of the vehiclepart-iiold motor vehiclesat the time of assigning new registration mark under section 47 of the motor vehicles act, 1988 if the vehicle is registered on or after the date of the commencement of the tamil nadu motor vehicles taxation (amendment) act, 2003 and if its age from the month of such registration is:- rate of tax1.not more than one year5.75 per cent of the cost of the vehicle2.more than one year but not more ..... . in the result, we hold that section 4(1-a)(a), introduced by the tamil nadu amendment act 27 of 1998, as amended by the tamil nadu act 13 of 2003, by substituting schedule-iii, part-i, of the tamil nadu motor vehicles taxation act, 1974 as it relates to levy of lifetime tax for new registration of vehicles and section 3-a, levying green tax in respect of vehicles mentioned in fourth schedule of the tamil nadu motor vehicles taxation act, 1974 are constitutionally valid ..... 252 of the constitution resolutions have been passed by all the houses of the legislatures of the states of assam, bihar, gujarat, haryana, himachal pradesh, jammu and kashmir, karnataka, kerala, madhya pradesh, rajasthan, tripura and west bengal to the effect that the matters aforesaid should be regulated in those states by parliament by law;'17. ..... this levy was made under a state act, namely, west bengal entertainment-cum-amusement tax act. .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)3CALLT518(HC),2000(2)CHN788
..... rule 28 had not been amended but substituted, the substituted provisions must be deemed to have been engrafted in the original rules, thereby giving retrospective effect to the substituted provisions so as to make the same applicable even before the west bengal school service commission act, 1997, came into ..... the view that since the posts in question had fallen vacant and the managing committee had sought permission to fill up the vacancies prior to the commencement of the west bengal school service commission act, 1997, the process of recruitment would have to continue in accordance with the rules then existing. 19. mr. ..... the hon'ble supreme court was considering a case involving commencement of the process of selection vls-a-vis amendment of the karnataka general service (motor vehicles branch) (recruitment) rules, 1962 with prospective effect. ..... applied for dereservation of the post the district inspector of schools should have taken steps in keeping with section 6(2) of the west bengal scheduled castes and scheduled tribes (reservation of vacancies in services and posts) act, 1976, instead of taking the plea that he was no longer competent to do so, since the 1997 act had come into force in the meantime. 8. mr. ..... rules as well as under the advertisement dates 6-10-1983 issued by the public service commission, holders of diploma in mechanical engineering were eligible for appointment to the post of motor vehicles inspector alongwith holders of diploma in automobile engineering. .....
Tag this Judgment!Court : Kolkata
Reported in : 2008ACJ480,AIR2007Cal122
..... incorporation of such liability by the west bengal motor vehicles rules, 1989, being contrary to the framework of section 140 of the said act, accordingly, is dehors the statute. ..... before parting with the matter, a question to be answered whether under west bengal motor vehicles rules, 1989 where-from it appears that there is a provision under rule 339(3) of the said rules by which the insurance company has been made liable to pay compensation the insurance company is liable to pay compensation ..... two legal questions have been urged in this appeal by the national insurance company limited, namely:(i) whether under section 140 of the motor vehicles act, 1988, hereinafter referred to as the said act for brevity, a court of law can saddle the insurance company with a liability to pay when under the said statute, owner, is only ..... of the driver owner of any type of motor vehicle by providing appropriate relief of compensation on stipulating necessary statutory provision in the motor vehicles act, 1988, to that effect similar to the provision of section 147 whereby and whereunder unless and until there is a third party risk coverage insurance policy, no vehicle owner is allowed to ply the vehicle, as this court has noticed about several accidental death of the motor bike owners while driving the vehicle and also the death of four wheeler ..... the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the 'second schedule'.6. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1971Cal229
..... time judged by two dicta of the supreme court in bharat bank's case, : (1950)nullllj921sc taken with provisions in the several sections of the motor vehicles act we have already mentioned and the rules framed by the state government of west bengal in exercise of the powers under section 111-a of the act the claims tribunal undoubtedly has all the trappings of a court and in its true nature is a quasi-judicial tribunal whose decision involves not ..... was not a case decided under the amended provisions of motor vehicles act which has brought into existence claims tribunals ..... our view suffers from a wrong comprehension of the nature of the provision that has been introduced in the motor vehicles act of 1939 (act iv of 1939) by later amendments by act 100 of 1956 ..... . before discussing those amendments in the existing sections, it will be helpful to notice the nature of provisions made in the new sections added by the amending act of 1956 and ..... state of law under motor vehicles act, 1939 has undergone a substantial change by amendments introduced by act 100 of 1956, by which section 110 has been wholly recast and also a new group of sections 110-a to 110-f and 111-a have been added in chapter viii, at the same tune carrying out certain amendments in the other ..... 110-b is neither a piece of delegated legislation nor does it suffer from excessive delegation of legislative function and is not ultra vires the powers of parliament that introduced the section in the statute by amendment. 25 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal186
..... the appellate committee has been constituted by government in purported exercise of power conferred by sub-rule (9) of rule 83 of the bengal motor vehicle's rules, 1940, as subsequently amended. ..... on that date the appellate sub-committee decided upon a course which is not warranted by the motor vehicles act, 1939 or the rules and this has given rise to all the complications in these matters. ..... chapter iv of the motor vehicles act, 1939, deals with the control of transport vehicles, that is to say vehicles carrying passengers or goods for hire or reward ..... in my opinion, the whole matter has proceeded upon a complete disregard as to the provisions which must be followed under the motor vehicles act and the rules. ..... , dated july 29, 1953 the governor of west bengal appointed a committee consisting of three members, namely, sri satish chandra roy sinha, ..... the relevant pro-vision thereof runs as follows :'permits : inter-regional stage carriage : (a) subject to the provisions of section 63 of the act, an application for a stage carriage permit having validity in two or more regions within the province shall, unless such a permit has already been countersigned by the regional transport authority or authorities concerned other than ..... , west dinajpur; without taking, steps necessary for that purpose under the motor vehicles act, altered the proposal and sanctioned a new route, namely, balurghat to mehendipara, and granted four permits on the said route to the national road and river transport co.6 .....
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