Judgment Search Results Home > Cases Phrase: stage carriages act 1861 Page 1 of about 254,177 results (0.329 seconds)

H.K. Swaranavar Nashar and ors. Vs. State of Mysore and anr.

Court : Karnataka

Reported in : AIR1963Mys49

..... his argument overlooks the definition of a 'stage carriage' contained in section 2(10) of the impugned act which reads:' 'stage carriage' means a motor vehicle carrying or adopted to carry more than six persons excluding the driver, which carries passengers for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey, and includes such carriage or other omnibus when used as a contract carriage within the meaning of the motor vehicles act, 1939 (central act iv of 1939);' ..... him. his argument was that the only passengers on whom the impugned act imposed a tax are passengers carried by a stage carriage as defined by the motor vehicles act and that since a contract carriage is not for the purpose of the motor vehicles act a stage carriage, we should hold that the impugned act does not impose a tax on passengers carried by a contract carriage.68. ..... the tax imposed by section 3(1) (i) on passengers, luggage and goods carried by stage carriages was a sum equal to ten percentum of the amount of fares and freights payable to the operator of the stage carriage.it was further provided that if the operator himself levied and collected from the passengers such fares and freights inclusive of the tax payable tinder the act, the operator should pay to the state government by way of tax one-eleventh of the total amount of the .....

Y. Peda Venkaiah Vs. the Regional Transport Officer, Nellore

Court : Andhra Pradesh

Reported in : AIR1977AP227

..... he drew our attention to the writ petition where this question has been raised and it is contended that the act and the rules made thereunder do not empower the authority to levy the difference of tax and penalty in the event of a contract carriage being used as a stage carriage, and in such a case, only proceedings under the motor vehicles act can be resorted to, as this question has been raised in the writ petition we have permitted the petitioner to argue this ..... before considering the question whether the petitioner who has paid tax on the footing that the vehicle is a contract carriage can be asked to pay the tax again when he is found to use the vehicle as a stage carriage, it will be useful to set out the relevant provisions of the act: section 3(1) : the government may, by notification from time to time, direct that a tax shall be levied on every motor vehicle used or kept for use, in a public place in the state. ..... as the scheme of the act is that the minimum period for which tax payable is a quarter where it is found that a particular vehicle has been used or kept for use as stage carriage even for a day or a part of the quarter, it must be, for the purpose of the act, held as a stage carriage liable for tax on that basis. ..... once the vehicle was registered as a contract carriage and tax is paid on that footing there is no provision in the act which enables the authorities to levy tax again on the vehicle as a stage carriage if it is found to be used as a stage carriage. .....

Lokanath Misra Vs. State of Orissa and anr.

Court : Orissa

Reported in : AIR1952Ori42

..... , have either by their mistaken action or their inaction brought into existence a number of permits already specified in my learned brother's judgment, some before the impugned act came into operation & some after, which considered, in the terms of their grant, can hardly be discriminated from permits, in respect of either a stage carriage or a public carrier's services, issued, transferred or renewed by the provincial transport authority or any of the regional transport authorities, prior to the specified date, that is, 1-10-1946 ..... in the province of orissa :and whereas it is expedient to authorise the said company to run stage carriage & public carrier's services in the province of orissa, to the exclusion of all other persons in the routes & areas over which it extends its activities & thereby provide for such modification of the said act:' section 2 of the act says that the act shall be construed as forming part of the motor vehicles act, 1939 but that where there is any repugnancy or inconsistency between any of the .....

The State of Maharashtra (DCB, CID, Unit II Vs. Narendra G. Goel and O ...

Court : Mumbai

..... object and purpose in enacting this mandatory provision is obviously intended to provide a safeguard to the accused in as much as the approver has to make a statement disclosing his evidence at the preliminary stage before the committal order is made and the accused not only becomes aware of the evidence against him but he is also afforded an opportunity to meet with the evidence of an approver before the committing ..... have been directly or indirectly concerned in or privy to an offence to which this section applies, the chief judicial magistrate or a metropolitan magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the magistrate of the first class inquiring into or trying the offence, at any, stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the ..... if what is contended by the learned counsel for the respondent is to be accepted, and the accused is given a right to cross examine an approver at the pre-committal stage, the same would not only be contrary to law, but would lead to hazardous consequences, as a magistrate would be required to deal with and decide the admissibility of any question raised in the examination/cross examination by ..... ' used in section 306(4)(a), be interpreted to mean 'examination' as contemplated under section 138 of the evidence act, so as to give an accused the right to cross-examine the approver, at the pre committal stage? .....

Secretary, Regional Transport Authority, Bangalore and anr. Vs. D.P. S ...

Court : Supreme Court of India

Reported in : AIR1989SC509; JT1988(4)SC686; 1988(2)SCALE1521; 1989Supp(1)SCC407; [1988]Supp3SCR1038; 1989(1)LC183(SC)

..... sen of the definition of the word 'permit', under section 3(m) of the act is accepted, it will make the definition of the words 'contract carriage' under section 3(g) of the act meaningless and nugatory and also set at naught the object of the act and the clear intention of the legislature to acquire a stage carriage as well in respect of which a special permit or a temporary permit, as referred to in clauses (i) or (ii) of section 3(g), has been granted. ..... -section (1) of section 62 or sub-section (1c) of section 68 of the motor vehicles act; (iii) a public service vehicle without a contract carriage permit but which is specified as contract carriage in the concerned certificate of registration; (iv) any right in or over such vehicles or moveable property, but does not include,(i) a tourist vehicle in relation to which a permit has been issued under sub-section (7) of section 63 of the motor vehicles act; (ii) a vehicle operating as a stage carriage in relation to which on the 30th day of january, 1976 a temporary contract ..... in other words, if a 'contract carriage' or a 'stage carriage' within the meaning of the motor vehicles act has been issued a special permit or a temporary permit, as referred to in clauses (i) and (ii) of section 3(g), such 'contract carriage' or 'stage carriage' will be a 'contract carriage' within the meaning of section 3(g) of the act.14. .....

National Insurance Company Ltd.

Court : Karnataka

Reported in : AIR1992Kant3

..... an interpretation of clause (ii) of the proviso to section 95(1)(h) of the actto the effect that it creates an exception only in favour of passengers carried in a stage carriage or a contract carriage, is not permissible, for the reason, it would mean that the provision applies only for passengers carried in a public service vehicle which has been specifically incorporated in clause (ii) of section 95(1)(b) of the act by amending act 56/69 and any such interpretation renders one of the provisions otiose and therefore such an interpretation should not be given. ..... xxx xxx xxx (3) the regional transport authority, if it decides to grant a stage carriage permit, may grant the permit for a service of stage carriages of a specified description or for one or more particular stage carriages, and may, subject to any rules that may be made under this act, attach to the permit any one or more of the following conditions, namely : xxx xxx xxx clause (xii) that fares shall be charged in accordance with the approved fare table; clause (xiii) that a copy ..... the incorporation of such an express provision only in respect of passengers in a contract carriage or a stage carriage and omission to make similar provision in respect of passengers in a goods vehicle gives the clearest indication that the question of rendering a contract avoiding liability in respect of a passenger in a goods vehicle does not arise, for the reason, the act does not prescribe any such statutory liability at all. .....

Secy. Federn. of Bus-operators Assn. of T.N. Vs. Union of India (Uoi)

Court : Chennai

Reported in : 2001(134)ELT618(Mad); 2006[2]STR411; [2007]6STT49

..... these two conditions along with section 88(8) of the motor vehicles act, it becomes clear that though the reserve vehicle is ordinarily a stage carriage and is covered by a permit for stage carriage, it can be allowed to be used as a contract carriage and section 88(8) is nothing but a special kind of permission ..... section (1), but subject to any rules that may be made under this act by the central government, the regional transport authority of any one region or, as the case may be, the state transport authority, may, for the convenience of the public, grant a special permit to any public service vehicle including any vehicle covered by a permit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub-section (9) of this section ..... the plain language of the section that such reserve vehicle would also be covered by the stage carriage permit granted under section 72 of the motor vehicles act and it can be used by the owner thereof 'to provide for special occasions'. ..... (2) the regional transport authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under this act, attach to the permit any one or more of the following conditions, namely: ..... that the argument regarding the non-applicability of the provisions of the finance act to the stage carriage operators, contract carriage operators, cab/maxi cab operators, is absolutely incorrect. .....

National Insurance Co. Ltd. Vs. Dundamma and Others

Court : Karnataka

Reported in : 1992ACJ1; [1992]75CompCas141(Kar); ILR1991KAR2045; 1991(3)KarLJ505

..... who is travelling in a vehicle which is used for carrying passengers for hire or reward, in the event of death of, or bodily injury to, such passengers, can it be said the risk is not statutorily covered by section 95 of the act (b) take another instance where on a given date in respect of a stage carriage plying from point 'a' to point 'b', the owner of the vehicle chooses to give a free lift to all the passengers on the ground that they are going to a holy place or to attend a function or to attend a ..... counsel for the claimants submitted that an interpretation of clause (ii) of the proviso to section 95(1)(b) of the act to the effect that it creates an exception only in favour of passengers carried in a stage carriage or a contract carriage, is not permissible, for the reason that it would mean that the provision applies only to passengers carried in a public service vehicle which has been specifically incorporated in clause (ii) of section 95(1)(b) of the act by the amending act 56 of 1969 and any such interpretation renders one of the provisions otiose ..... . (3) the regional transport authority, if it decides to grant a stage carriage permit, may grant the permit for a service of stage carriages of a specified description or for one or more particular stage carriages, and may, subject to any rules that may be made under this act, attach to the permit any one or more of the following conditions, namely :- .. .....

National Insurance Co. Ltd. Vs. Chandra Devi and ors.

Court : Himachal Pradesh

Reported in : III(2004)ACC307,III(2005)ACC360,2005ACJ1096

..... 'public service vehicle', 'stage carriage' and 'transport vehicle' as occurring in section 2 of motor vehicles act, 1939 and similarly 'goods carriage', 'public service vehicle', 'stage carriage' and 'transport vehicle' as occurring in section 2 of 1988 act for their inter se comparison to demonstrate and highlight the legal position that, whereas under motor vehicles act, 1939 a passenger could be carried in a goods vehicle, under the 1988 act passengers could not be carried ..... because of the aforesaid very clear and categorical legal position and the aforesaid authoritative pronouncements, as far as the legal position existing prior to the amendment of section 147 of 1988 act by the amending act, 1994 is concerned, it is very clear that an insurance company was not liable to indemnify the insured or to pay the award amount if the deceased was travelling as a passenger, either as ..... both these appeals, it can now clearly be said that this question is no more res integra, based as it is upon the interpretation of section 147 of 1988 act, to a fact situation as it stood prior to its amendment in 1994 because of the authoritative pronouncement by a three-judge bench of the apex court in case of new india assurance co. ..... :'(10) the inevitable conclusion, therefore, is that provisions of the act do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger travelling in a goods carriage and the insurer would have no liability therefor.'7. .....

The Union Of India Vs. M/s Rajeev Traders

Court : Karnataka Dharwad

..... to convert detention proceedings into confiscation proceedings leading to the impugned confiscation order was wholly illegal and contrary to the statutory scheme of the cgst act, which had been mechanically accepted by the appellate authority which dismissed the appeal and consequently, the learned single judge quashed the impugned confiscation order ..... a finding that the circular dated 13.04.2018 issued by the appellants would not override the statutory requirements and procedure under section 129 of the cgst act and if there was a conflict between the statutory provisions and the said circular, the provisions would necessary have to prevail and consequently, the ..... of goods in contravention of the provisions of this act or the rules made thereunder ..... act or the rules made thereunder with intent to evade payment of tax; or (ii) does not account for any goods on which he is liable to pay tax under this act; or (iii) supplies any goods liable to tax under this act without having applied for registration; or (iv) contravenes any of the provisions of this act or the rules made thereunder with intent to evade payment of tax; or (v) uses any conveyance as a means of tansport for carriage .....