Court : Rajasthan
Reported in : AIR1996Raj11; 1995(2)WLC690; 1995(1)WLN471
..... been held that if there is already an existing inter-state route concerned the two or more states and where there is no reciprocal transport agreement arrived at between the two or more states fixing the respective reciprocity in the matter of providing of the transport services in the concerned respective states then under subsection (1) of section 88 of the act of 1988, the regional transport authority of that state is empowered to grant a permit on such an inter-state route and the ..... permit, in the absence of the reciprocal transport agreement, will be operating in the other state only when the transport authority ..... has committed illegality, has some substance which find support from the fact that the petitioner being an operator on ganganagar-delhi via dabwali, hisar inter-state route under a reciprocal agreement between the state of rajasthan and haryana and is plying bus which is fully overlapped by the impugned permit granted on sangaria to delhi inter-state route. ..... and to allow them to approach the concerned authority for counter-signature and also alleged that the permit of the petitioner has already expired and stood repealed. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN377
..... on the ground that there was no reciprocity arrangement between rajasthan and madhya pradesh, but the exercise of jurisdiction in the matter of granting permit for the entire route did not depend on the existence or non-existence of such an agreement because the countersignature could be made by following the procedure of section 57 of the act by the concerning transport authority of madhya ..... pointed out that this was within the powers of the regional transport authority in accordance with section 48 of the act and consequently the transport appellate tribunal could modify the route suitably and that was not objectionable ..... of the regional transport authority regarding this are contained in in section 48 of the act and i may read the relevant portion thereof:section 48 grant of stage carriage permits. ..... , according to the petitioner, were published for inviting objection under section 57(3) of the motor vehicles act, 1939, hereinafter to be referred as the 'act', in the government gazette of 9-12-65. ..... were to apply for countersignatures before the concerning transport authority of the madhya pradesh, then the latter by following the procedure of section 57 of the act could grant such countersignature. ..... case it would not be necessary to resort to the procedure of of section 57 of the act for obtaining the countersignatures of the concerning transport authority of madhya pradesh and the countersignature could be granted by such authority without following the procedure of section 57. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj104; 1973()WLN813
..... learned counsel is that the application for counter-signature was made on 28-1-1970; the counter-signatures were granted on the application on 5-9-1970; subsection (3-a) had already been added to section 63 of the act on 2-3-1970; and therefore in view of sub-section (3-a) of section 63 read with section 63 (3-b) of the act, the agreement in question could not be given effect to as draft of the agreement in question was not published and objections invited from the existing operators before its finalisation. 8 ..... was further urged that section 43 (1) (iv) of the act is only applicable to directions if the government chooses to issue and it is not contemplated therein to publish the directions for giving effect to the reciprocal agreement entered into between ..... as it contravened section 68-f (1) (1-d) of the act and also on account of the fact that the draft of agreement in question was entered into without complying with the provisions of section 63 (3-a) as no opportunity was afforded to the existing operators of being heard before finalising the reciprocal agreement. ..... the madhya pradesh high court in that case that the jurisdiction of the state transport authority to counter-sign a permit granted by the transport authority of another state under a reciprocal agreement does not depend on the terms of the agreement or any directions that the state government may issue under section 43 (1) (iv) as that power automatically vests in the transport authority by section 63 (1) of the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj6
..... challenge in all these writ petitions is with regard to the reciprocal agreement arrived at under sub-sections (3-a) and (3-b) of section 63 of the motor vehicles act (hereinafter referred to as 'the act'), between the states of rajasthan and madhya pradesh on april ..... mere publication of the proposed or draft schemes of nationalisation under section 68-c of the act could not have the effect of prohibiting the states from entering into a reciprocal agreement, because at that stage it was not possible to envisage as to whether the draft scheme would be finally approved as proposed or would be approved subject to certain modifications or would not be approved at all and further it could ..... under which the reciprocal agreement was published in the madhya pradesh gazette dated april 3, 1975 clearly stated that the reciprocal transport agreement entered into between the state government of madhya pradesh and rajasthan under section 63 (3-b) of the act was published thereunder. ..... not then be visuali-sed as to how much time would be taken in the disposal of the objections or representations made in respect of the proposed schemes, in accordance with the provisions of section 68-d of the act and in the approval .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1998Raj189; 1998(2)WLC141; 1997(2)WLN519
..... the petitioner was granted a state carriage permit on bhadra to hisar via bagla inter-state route.the reciprocal transport agreement was entered into between the authorites of the state of rajasthan and haryana on 9th july, ..... submission of learned counsel for the petitioners is that such an agreement is contrary to the provisions of section 88(5) of the motor vehicles act, 1988 and two state authorities have no jurisdiction to enter into an agreement contrary to the proposal. ..... better services may come in the field, if on the basis of the representations received, the number of permits can be produced, then from bare perusal of the provisions of section 88(5) it cannot be inferred that number of permits cannot be increased, what is contemplated by law is that there must beconsideration of the representations. ..... the dispute which has been raised before me is in respect of the reciprocal transport agreement entered into between the state of rajasthan and state of haryana in which the number of permits as published in the proposal were less and have been increased while the agreement was entered ..... before executing the final agreement in terms of sub-sections 5 and 6 of section 88 of the act of 1988, the proposal was published in the newspaper on ..... so far as procedural part contemplated by section 88(5) of the act is concerned, it is apparently complied ..... the reciprocal agreements with regard to operations of stage carriages on inter state routes between rajasthan and haryana shall be as per .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1610; 2003(1)WLN52
..... the permits of the respondent-petitioners as void ab-initio so as to ignore them for purposes when new agreement came into force on 22-7-1999 and only such existing permits were saved which bore countersignatures of reciprocating state, would not arise at this stage when the agreement under which the permits had been issued, has itself been superseded by the new agreement and it has saved only such existing permits ..... contends that since the grant in favour of rsrtc blossomed into a valid grant in terms of section 88(1) read with section 88(6) of the act, it cannot affect the grants which had fructified in the valid grant by fulfilling the condition of statute, to the extent it has not exceeded the scope of permits fixed under the reciprocal agreement. ..... been further brought to noticeof the court during the course of hearing that in order to maintain the continuity of the permits granted under the 1933 act even after its repeal under the new act by process of renewal, finally section 217-a was inserted in the motor vehicles act, 1988 vide central act no. ..... albeit the stage carriage permits granted under 1939 act, alter its repeal, will continue to be operative only till expiry of their ..... some controversy whether permits granted under 1939 act could be renewed after its repeal, under the new act of 1988. ..... respondents were holding permits under that agreement from different dates since before commencement of the motor vehicles act, 1988 under the repealed motor vehicles act, 1939.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1990Raj143; 1989WLN(UC)373
..... have been done, they cannot be said to have been done for the entire duration of the permits or for the period of three years, and therebeing approved nationalised schemes under and section 68d(2)(3) of the act, the permit-holders have no right of counter-signatures and the rta hissar/ faridabad or for that matter any other rta cannot be directed to counter-sign the permits and it cannot ..... rta faridabad/hisar is not bound to counter-sing the prmits issued/renewed by the rta jaipur region jaipur and it is not legally possible because of the existence ofapproved notified schemes under section 68(2) and (3) of the act and the permit-holders have no right to play their buses on the portion of such of the routes in haryana state.17, consequently, we hereby lay down the following principles which will ..... we have said that there are no valid agreements after march 2, 1970 on the inter-statal routes between the two states, then in view of the approved notified schemes under section 68-d(2) and (3) of the act, the rta faridabad/hisar or for that matter any other rta is not bound to counter-sign them because the approved schemes are law and in case there is inter-statal ..... the reply filed by the non-petitioners in the case is that u/sub-section 3(a) of section 63 of the act, there was no valid reciprocal agreement in between the state of rajasthan and the state of haryana therefore, the regional transport authority, faridabad (haryana) or for that matter any other transport authority of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN(UC)47
..... the state opposed the writ petition on the ground that there is no reciprocal agreement under section 63 occurring in chapter iv of the act and therefore the petitioner is not at all entitled to the grant of counter-signatures on its permits.3. ..... absence of a reciprocal agreement cannot be a valid excuse for the state transport authority raj for refusing the grant of counter-signatures on the permits in regard to the inter statal (sic) in as much as the provisions of section 63 of the act will yield to the provisions of section 68 f (1) of the act. ..... nemuch--singoli begun prior to the proposed scheme there had been a reciprocal transport agreement between the state of rajas-then and state of madhya pradesh under the provisions of section 63 of the act in the year 1963. ..... tnbunal : [1973]2scr925 it has been held that scheme of nationalise ion approved under section 68 d of the act would prevail over inter state agreement in respect of an inter state route. ..... provisions in regard to the reciprocal agreement which occur in chapter iv shall yield to the provisions contained in chapter iv a of the act. ..... under the provisions of section 68-c of the motar vehicles act, hereinafter called the act. ..... of the learned counsel in this behalf is that chapter iv has over riding effect by virtue of section 68-b of the act. ..... the petitioner corporation applied for the issue of permit under the scheme to the state transport authority madhya pradesh in accordance with the provision of section 68-f (1) of the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1956Raj81
..... a court situate beyond the limits of the united state of rajasthan which has no authority in the united state of rajasthan and is not established or continued by the authority of the government of the united state of rajasthan,section 2(6) 'foreign judgment' means the judgment of a foreign court.the argument obviously seems to be that the effect of these definitions as altered is that the decrees of courts of those states which are now part ..... of the changes introduced by the constitution or by reason of the constitutional definition of 'the territory of india'.it has also held that the question is not to be determined by applying the test whether at the time of execution any of the sections of the civil procedure code applies, but must be determined by the test whether such decrees by their nature of being foreign court judgments are at all executable and this goes to the very root of their ..... three months had expired, the repealing act was passed and the tenant made his claim within three months under the repealed act.it was held that the tenant had acquired a right under section 11 of the act of 1908 and under section 38 of the interpretation act of 1889 such a ..... c. the final position in the united kingdom is reflected by the foreign judgments reciprocal act, 1933, according to which judgments of foreign countries have also been made effective on registration which, however, has been made compulsory but may be set aside under certain circumstances.i ..... ', air 1943 ..... .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1996Raj83
..... , under the proviso, it is not necessary to follow the procedure laid down in section 80 for grant of counter-signature of permits where the permit is granted under a reciprocal agreement between the two states where the permits issued by the s.t.a. ..... there is nothing in sub-sections (5) and (6) or in other provision of the motor vehicles act that for rescinding the reciprocal agreement, the same procedure shall be ..... sub-section (6) of section 8 requires that the reciprocal agreement arrived at between the two states in so far as it relates to the grant of counter-signature of permits, shall be published by each of the state governments concerned in the official gazette and in any one or more of the newspapers in ..... sub-section (5) of section 88 requires that every proposal for reciprocal agreement between the states to fix the number of permits, which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the state governments concerned in the official gazette and in any one or more ..... there is no existing reciprocal agreement of 1968 between the states, thepetitioners cannot enforce counter-signatures as provided by proviso to sub-section (4) of section 88. ..... sub-sections (5) and (6) are relating to the procedure which is required to be undertaken before and after the reciprocal agreement is arrived at between the ..... refusing the counter-signature is appealable under section 89(d) of the act and thus it is not permissible for the .....
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