Judgment Search Results Home > Cases Phrase: motor vehicles west bengal second amendment act 1984 Sorted by: old Page 3 of about 8,620 results (0.150 seconds)

Soumitra Banerjee and ors. Vs. State of W.B. and ors.

Court : Kolkata

Reported in : 2004(3)CHN545

..... 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 ..... 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 ..... from 4-wheeler non-transport vehicles under the west bengal additional tax and one-time tax on motor vehicles (second amendment) act, 2003 for the next ..... 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 .....

Association of Registration Plates Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : I(2005)ACC83; [2004(4)JCR163(SC)]; 2004(5)SCALE822; (2004)5SCC364

..... section (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. ..... 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) ..... 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 ..... 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 rules is fully entitled to supply hsvrp. .....

Madhab Saha and ors. Vs. State and ors.

Court : Kolkata

Reported in : 2006(1)CHN59

..... 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 of the said rules shall not come into force with the effect of this notification in respect of the 'four-wheeled transport vehicles' from mumbai (including greater mumbai), kolkata or chennai to respectively, in other region of the states of maharashtra, west bengal or tamil nadu or plying on inter-state permits or national permits or on the all india tourist permits within the territorial jurisdiction of the said metropolitan cities ..... , 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 ..... corporation : (1984)iillj186sc and rattan .....

K.M. Vijayan, Senior Advocate Vs. State of Tamil Nadu Represented by I ...

Court : Chennai

Reported in : AIR2005Mad408; 2005(4)CTC337; (2006)3MLJ684

..... 11,00,000/-, being the cost of the vehicle, and while the petitioner approaching the second respondent for registration of the vehicle, the second respondent insisted to pay life tax of the vehicle as per the amendment made to the motor vehicles taxation act, 1974, as amended by act 13 of 2003. ..... 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 ..... 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. .....

State of West Bengal and ors. Vs. Shyamal Banik

Court : Kolkata

Reported in : 2006(4)CHN798

..... 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. ..... last but not the least rule 115 of the west bengal motor vehicles rules, 1989 prescribes that an offer letter remains valid for a maximum period of six months from the date of ..... evident there from that the said vehicle was registered with the motor vehicles department of the government of west bengal some time in the year 1988 ..... by commanding the regional transport authority to issue the permanent stage carriage permit to the writ petitioner in respect of the said vehicle on the basis of the said offer letter with specific direction that the said offer letter should be treated as valid for the purpose of grant of a permanent stage carriage permit even though the same lapsed its force in terms of the provisions of rule 141 of the west bengal motor vehicles rules, 1989. ..... 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 ..... second, such condition has been laid down by the regional transport authority in .....

Asoke Chowdhury and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR2007Cal176

..... dated 26th april, 2005 whereby and where-under west bengal motor vehicles rules, 1989 was modified so far as colour scheme is concerned by amendment rule being west bengal motor vehicles (second amendment) rules, 2005 on inserting rule 88-b in the west bengal motor vehicles rules, 1989 empowering the state government to fix different colour schemes for different types of passenger transport vehicles and challenging the notification no. ..... which goes to the root of the matter irrespective of this court's finding that the state government had no power in terms of the word 'regulation' as prescribed under clause (xviii) sub-section (2) of section 96 of central legislation, the motor vehicles act, 1988, to identify any particular colour in respect of any stage carriage permit and/ or different stage carriage permits plying in a particular route by different colours as the case may be, this is required to be addressed for effective adjudication of ..... in clause (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.35. .....

National Insurance Co. Ltd. Vs. Smt. Krishna Biswas

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 ..... - (1) notwithstanding anything contained in this act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle compensation, as indicated in the second schedule, to the legal heirs or the victim as the case may be.explanation. ..... 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 liable. ..... (3) 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. .....

State of W.B. and ors. Vs. Bidyut Kundu

Court : Kolkata

Reported in : 2008(3)CHN795

..... rule 122 of the west bengal motor vehicle rules, 1989 entry of registration mark of vehicle is mandatory on a ..... passed in the appeal is impact of rule 141 of the west bengal motor vehicles rules, 1989. ..... howrah, to issue a stage carriage permit by extending the life of offer letter as issued on 7th july, 2003 which faced the natural death in view of the statutory provision under rule 141 of the west bengal motor vehicles rule, 1989.2. ..... the date on which the offer letter is issued, the grantee must produce the documents in respect of the vehicle(s) showing that he is in possession of the vehicle(s) as owner thereof and that the change of address of vehicle(s) concerned has been effected to within this state, if previously registered outside this state, and that the vehicle(s) is/are not covered by any kind of permit(s):provided that the transport authority granting the permit may, for ..... in terms of the second proviso of said amended provision as effected from 22nd december, 2004, the problem of the interpretation of statutory provision as earlier arose in view of the mentioning of the word 'from the date of grant of permit' as appears in the second proviso of rule 141 prior to such amendment, it got a clarification by introducing the word from the date of issuance of ..... under section 72(2) of the motor vehicles act, 1988 regional transport authority while deciding to grant a stage carriage permit may provide the condition for grant of the same in terms of the conditions as stipulated in .....

Rina Mukherjee and anr. Vs. New India Assurance Co. Ltd. and anr.

Court : Kolkata

Reported in : 2008ACJ1248

..... das, learned advocate appearing on behalf of the insurance company, on the other hand, has contended that although there is no provision for review in the motor vehicles act, 1988, the rules framed thereunder has made specific provision for applicability of all the provisions of the code of civil procedure and, therefore, there is no bar in invoking the provision of order 47, rule 1 of the code of ..... (3) any claims tribunal constituted for west bengal (outside calcutta) shall have all the powers of the principal civil court of a district for the purpose of execution of any award for compensation made by it, as if the award is a decree for the payment of money made in a suit ..... prejudice to the provision of sub-section (1) of section 169 of the act every claims tribunal may exercise all or any of the powers vested in a civil court under the following provisions of the code of civil procedure, 1908 (as subsequently amended), insofar as they may be applicable, namely, sections 30, 32, 34, 35, 35-a, 75(a) and (c), 76, 77, 94, 95, 132, 133, 144, 145, 147, 148, 149, 151, 152, 153-a and 153-b and subject to the provisions of the section 174 of the act. ..... district judge, second court at asansol, district burdwan and the motor accidents claims tribunal in ..... secondly, if the court disposes of a matter ex parte under the impression that in spite of service of summons, one of the parties is not contesting the proceedings and ultimately, after the disposal of the matter, attention of the court is .....

Dharmendra Kirthal Vs. State of U.P. and anr.

Court : Supreme Court of India

..... the court referred to the statement of objects and reasons of the motor vehicles amendment act, 1994 to understand the purpose behind the legislation.15. ..... that there is a distinction between an accused who faces trial in other courts and the accused in the special courts because the accused herein is tried by the special court as he is a gangster as defined under section 2(c) of the act and is involved in anti-social activities with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.44. ..... section 7(1) provides that notwithstanding anything contained in the code, where a special court has been constituted for any local area, every offence punishable under any provision of this act or any rule made thereunder shall be triable only by the special court within whose local jurisdiction it was committed, whether before or after the constitution of such special court ..... state of west bengal[8]..16. ..... act 7 of 1986), the prevention of illicit traffic of narcotics drugs and psychotropic substances act, 1988 and some provisions of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (cofeposa), were listed for hearing, we have fully and conclusively heard only the matters pertaining to the act of 1984, act of 1985 and act of 1987 and ..... are informed that the question of vires of the terrorist affected areas (special courts act) 1984, is pending before a constitution bench. .....