Court : Kolkata
Reported in : (1993)2CALLT252(HC),97CWN875
..... this original section has however been amended by the west bengal amendment act and vehicle used in connection with the commission of the offence also has been brought within the ambit of the said section, but at the same time an exception has been added to this section by providing that in respect of ..... indeed the power of confiscation of a vehicle as given to the authorised officer in sub-section (3) of section 59-a of the indian forest act, 1927 as inserted by the west bengal amendment act of 1988 is more or less similar to the power given to the authorised officer under section 56(2-a) of the orissa forest act as can be gathered from the said decision of the orissa high court. ..... sub-section (2) of section 59-b inserted by the west bengal amendment act however provides that without prejudice to the provisions of sub-section (1), no order confiscating any tool, rope, chain, boat, vehicle or cattle shall be made under section 59-a if the owner thereof proves to the satisfaction of the authorised officer that such tool, rope, chain, boat, vehicle or cattle was used in carrying the timber or other forest produce without the knowledge or connivance of the owner himself or his agent, if any, or the .....
Tag this Judgment!Court : Chennai
Reported in : (1985)2MLJ492
..... shanmugham pillai : [1969]2scr896 , the supreme court while considering the motor vehicles act, had occasion to observe that one should not insert words into the statute for giving relief to the party concerned.10. mr. r.g ..... the commissioner of income-tax, west bengal : [1977]108itr345(sc) , the supreme court has held as follows:we have given anxious thought to the persuasive arguments of mr ..... , the property can at best be burdened with performance of charities and it is not an absolute trust property, that inasmuch as it is not an exclusive hindu religious charity, section 3(3) of the act cannot be invoked in this case, that the assistant commissioner has given a report against the petitioner on the basis of the statement given by the village munsif without giving a copy of such a statement to the petitioner, ..... , department, or the officers authorised by him, that the dedication in this case is a complete one and attracts the definition under section 6(5) of the act, that to be a hindu charitable endowment it is not necessary that the beneficiaries should be exclusively hindus and that the petitioner has committed a lot of malfeasance and misfeasance which warranted the issue of the impugned ..... that the words may be ambiguous, but, even if they are, the power and duty of the court to travel outside them on a voyage of discovery are strictly limited, and that if a gap is disclosed, the remedy lies in an amending act. ..... such importation would be, not to construe, but to amend the statute. .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)2CALLT353(HC),1999(2)CHN391
..... was further held by the orissa high court in the aforesaid decision that by the motor vehicles (amendment) act, 1994 section 147(1)(b)(1) has been amended substituting the words 'injury to any person, includingowner of the goods or his authorised representative carried in the vehicle' for the words 'carry to any person' ..... appears that section 95(1)(b)(i) of the motor vehicles act, 1939 contained the same language as section 147(1)(b)(i) as it stood before the motor vehicles (amendment act, 1994) ..... the claims tribunals is required to hold a regular trial in the same manner as for adjudicating a claim petition under section 110-a of the act moreover, for awarding compensation under section 92-a of the act the claims tribunal is required to satisfy itself in respect of the following matters : (i) an accident has arisen out of the use of a motor vehicle; (ii) the said accident has resulted in permanent disablement of the person who is making the claim or death of the person whose legal ..... judge of the orissa high court has observed as follows in paragraph 14 of the said judgment :'by the motor vehicles (amendment) act ..... (1) save in the case of vehicle which is being used for the carriage of troops or police or displaces persons under the authority of the refugee rehabilitation department of the state government or being used on requisition under the west bengal requisition of vehicles act or being used in connection with relief operation under the authority of the department ..... reported in 1985 acj 726. .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)1CALLT438(HC)
..... as for example, if in considering the application for recording the transfer of ownership the registering authority finds that the essential requirements of the relevant provisions of section 50 of the motor vehicles act or rule 55(2) of the central motor vehicles rules have not been complied with or on enquiry under rule 53 of the west bengal motor vehicles rules about the matters mentioned therein the enquiring authority finds that there are good, sufficient, valid and relevant reasons for rejecting the application for recording ..... it is needless to mention that the question whether any tax is due in respect of the concerned vehicle, either under the west bengal motor vehicles tax act, 1979 or under the west bengal additional tax and one-time tax on motor vehicles act, 1989, is not in any way connected with an enquiry about the identity, eligibility and bona fides of the applicant as referred to in rule 53 of the west bengal motor vehicles rules, 1989. ..... ' therefore on receipt of an application for recording a transfer of ownership in respect of a vehicle the registering authority has to see whether the requirements of the relevant provisions of section 50 of the motor vehicles act, 1988 and of rule 55 of the central motor vehicles rule, 1989 have been complied with and also to make under rule 53 of the west bengal motor vehicles rules, 1989 such enquiries as may be reasonably necessary to establish the identity, eligibility and bona fides of the applicant.4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008AIRSCW176; 2008(3)LH(SC)2027; AIR2008SC1591; 2008(3)ALLMR(SC)437; 2008(56)BLJR1195; (SCSuppl)2008(2)CHN130; [2008(3)JCR6(SC)]; (2008)3MLJ986(SC); 2008(3)SCALE199; 2008(1)LC393(SC);
..... range officer forwarded the case to the divisional forest officer, wildlife, division-ii, jalpaiguri who is the authorised officer, under section 59a of the act as amended by section 17 of the indian forest (west bengal amendment) act, 1988 (in short the 'amendment act'). ..... required under section 59b of the act, notice was issued and served on the owner of the vehicle to show cause as to why the vehicle in question shall not be confiscated to the state of west bengal as provided under section 59(a) of the act. ..... under section 59-d except after giving a notice in writing to the owner of, or the person from whom, such property or tools, ropes, chains, boats, vehicles or cattle have been seized for showing cause as to why the same should not be confiscated and considering his objections, if any:provided that no order confiscating any motor vehicle shall be made except after giving a notice in writing to the registered owner thereof if, in the opinion of the authorized officer, it is practicable to do so ..... forest officer or the police-officer seizing the timber or other forest produce under sub-section (1) of section 52 shall, without any unreasonable delay, produce the same, together with all tools, ropes, chains, boats, vehicles and cattle used in committing the offence before an officer of a rank not inferior to that of an assistant conservator of forest authorised by the state government in this behalf by notification in the official gazette' (hereinafter referred as the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1995Cal119,(1995)1CALLT166(HC)
..... that the order passed by the learned trial judge in so far as applicability of rule 105 of the west bengal motor vehicles rules should only be made applicable in case of permanent permit and not in case of temporary permit.'13. in ..... above taken into consideration the provisions of the motor vehicles act, 1988 and the cases referred to above leave no room for doubt that an existing operator has no right to object for the grant of a permit and any interpretation that an existing operator has a right to object to the grant of a permit will go against the spirit and the provisions of the act and also in the teeth of the decision ..... of the learned counsel for appearing for the parties and having perused the provisions of the motor vehicles act it is clear that a liberalised view has been taken in the grant of permit by ..... view of the liberalised policy under the provisions of motor vehicles act, 1988 hereinafter referred to as th'e act learned counsel has placed reliance on the following ..... in (1993) 2 cal lj 99 the division bench observed as follows:'motor vehicles act, 1988 did not provide any right upon the association of operators to file objection and/or to make a representation and that is not requirement of law that such association is to ..... in : air1976all286 section 47 of the amending act 1972 was considered by a division of allahabad high court and there the question for consideration was the right of representation of an existing operator and according to the said decision the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal125,65CWN213
..... of subodh gopal bose's case, : [1954]1scr587 , related to purchase of land at a revenue sale and the effect of west bengal revenue sales amendment act 1950 and the question involved property of under-tenures which is very different from the question with which this court is here concerned relating to types of vehicles to be used on the roads.26. ..... statutory scheme as under section 68c of the motor vehicles act is involved here, nor does any question arise here of the state satisfying requirements under section 57 (2) of the motor vehicles act. ..... not consider that the decision in srinivasa reddy's case, : [1960]2scr130 , is at all applicable to the present facts because that was a decision on particular sections of the motor vehicles act such as, sections 68f, 57 (2) and (3), 45 and 46. ..... discrimination must be established when piecemeal execution is challenged unless it is otherwise bad under the statute such as, the breaking up of the integrity of a statutory scheme as pointed out by the supreme court under section 68e of the motor vehicles act. ..... unreasonable, because they do not provide for (1) hearing the cycle-cart owners' interests, (2) for representation of the cycle-cart owners, (3) no notice given before the ban and (4) no reasons given as required by the motor vehicles act. ..... there it was a statutory scheme under chapter iv-a of the motor vehicles act and scheme prepared under section 68c of that act and the supreme court discussed how the scheme could be put into effect .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2005)ACC83; [2004(4)JCR163(SC)]; 2004(5)SCALE822; (2004)5SCC364
..... an undertaking of transport department, government of west bengal has submitted that the motor vehicles act and the rules framed thereunder require high security ..... amended by a notification dated 16^th october, 2001 issued by the cental government in exercise of power under section 109(3) of the act and the order so issued is called motor vehicles (new high security registration plates)(amendment ..... (3) of section 109 of the act the central government issued an order known as motor vehicles (new high security registration plates) order, 2001 on 22^nd august, 2001 in order to notify certain standards in respect of new system of high security registration plates for motor vehicles and the process used by a manufacturer or vendor for manufacturing or supplying such plates with reference to the amendments made in the central motor vehicles rules, 1989 by the central motor vehicles (ist amendment) rules, 2001. ..... clause 6 of article 19 of the constitution was amended by the constitution (first amendment) act, 1951 which came into force on 18^th june, 1951 and it reads as under: "(6) nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it ..... verma, while supporting the writ petitioners has submitted that in terms of the order issued by the central government on 22^nd august, 2001 or the amended order issued on 16^th october, 2001 anyone having a test approval certificate from one of the bodies mentioned in second para of rule 50(1)(v) of the .....
Tag this Judgment!Court : Sales Tax Tribunal STT West Bengal
Reported in : (2002)128STC614Tribunal
..... , jalpaiguri, which he has taken on rent in september, 2000 and necessary application for amendment in the registration certificate for that has been made.petitioner is registered under the west bengal sales tax act, 1994, and central sales tax act, 1956. ..... the procedure for transporting consignment of goods imported or brought into west bengal and also for such consignment of goods when transported across or beyond a check-post in west bengal by a road vehicle. ..... of the vehicle was handed over road challan, declaration of the said goods as required under rule 214b of the west bengal sales tax ..... a prayer for setting the same aside.the case of the petitioner is that the petitioner carries on business as proprietor of burdwan trading corporation and his business is of reselling motor parts to various dealers in west bengal after purchasing the same from both outside and within the state of west bengal. ..... basis of the petitioner's order sent a consignment of different motor parts in 192 packages for which the petitioner duly obtained way bill in form 42 and handed the same over to the driver of vehicle no.wb-03-1851 to enable him to produce the same at dalkhola check-post at the time of entry into west bengal. ..... had been imported and reached jalpaiguri from delhi via dalkhola check-post and the same goods after unloading had been transported in another vehicle from jalpaiguri to calcutta where the petitioner has his office and where there were some customers of the goods consigned. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC215; (1977)4SCC471; [1978]1SCR641
..... the question for consideration in that case was whether the state government had power under section 64a of the motor vehicles act as introduced by the bihar amendment to deal with a revision in relation to an inter-state permit. ..... counsel submitted that the scheme of nationalisation in chapter iv-a of the motor vehicles act was given up, whole undertaking of the various operators was not acquired but what was acquired was certain assets most of which were available in the market. ..... the permit originally granted by the karnataka authority under the motor vehicle act has to be countersigned by the authorities of the other states. ..... the subject being in the concurrent list and the act having received the assent of the president, even the repugnancy, if any, between the act and the motor vehicles act stands cured and cannot be a ground to invalidate the act. ..... the history in relation to the provision of payment of compensation or the amount in article 31(2) of the constitution is interesting and clearly points out the difference in the approach to the question by this court and the parliament resulting in the amendments in the provisions from time to> time as and when some important and leading judgment were handed down by this court which according to the constituent body did not correctly lay down the law as it intended ..... there is a general presumption in favour of honest and reasonable exercise of power (state of west bengal v. ..... 1985 of 1976 arising out of writ petition no. .....
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