Judgment Search Results Home > Cases Phrase: stage carriages act 1861 section 1 definition of stage carriage Page 1 of about 911 results (0.086 seconds)

K. Pamanna Vs. the State Transport and Appellate Tribunal, A.P., Hyder ...

Court : Andhra Pradesh

Reported in : AIR1992AP368; 1992(2)ALT385

..... s.48 lays down that while granting a stage carriage permit the rta may subject to any rules made under the act, attach to the permit any one or more of the conditions specified in the sub-section. ..... mentions rta as the authority to grant permits in respect of stage carriages, contract carriages, private carriers and public carriers : sections 46, 47 and 48 relate to stage carriage permits; ss. ..... variation involving an increase of over forty per sent or any reduction in the seating capacity, other than the variation due to the alterations effected in conformity with the rules made under chapter v of the act in respect of the original permit of a stage carriage, shall be treated as variation in transport facilities materially different from those authorised by such permit. ..... if, in pursuance of an approved scheme, the state transport undertaking applies in the prescribed manner for a stage carriage permit or a public carriage permit or a contract carriage permit in respect of a notified area or notified route, the state transport authority, if the area or route lies in more than one region and the regional transport authority in other cases, shall issue such ..... 68ff in the light of the definition of the expression 'route' ..... the use of the definite article 'the' preceding the words 'transport authority' unmistakably leads to the conclusion that variation has to be granted by the same authority which has granted the ..... the definite article 'the' cannot be construed, as the indefinite .....

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 ..... from the latter portion of the definition of a 'stage carriage' contained in section 2(10) of the impugned ..... passengers pay separate fares it ceases to be a contract carriage, and the definition contained in section 2(10) which includes contract carriages within the category of stage carriages would become meaningless ..... impugned act, as can be seen from the definition, refers both to the stage carriages and the contract carriages as together belonging to the category of stage ..... , the meaning of the definition is, that every motor vehicle which is used as a contract carriage within the meaning of the motor vehicles act is also a stage carriage for the purpose of the act ..... seems to me on a proper construction of the entire scheme of the act, and particularly from the provisions of section 14, that anoperator of a public carrier vehicle is as muchentitled, as an operator of a stage carriage, tocollect from his constituents the tax payable inrespect of the goods .....

Smt. S. Vanaja Vs. the Secretary, State Transport Authority and Others

Court : Andhra Pradesh

Reported in : AIR1992AP333

..... in the prescribed manner for a stage carriage permit or a public carriage permit or a contract carriage permit in respect of a notified area or notified route, the state transport authority, if the area or route lies in more than one region and the regional transport authority in other cases, shall issue such permit to the state transport undertaking notwithstanding anything to the contrary contained in chapter iv (which deals with control of transport vehicles). sub-section (1-a) of section 68-f of the act says that after the ..... the statute specifically mentions rta as the authority to grant permits in respect of stage carriages, contract carriages, private carriers and public carriers: sections 46, 47 and 48 relate to stage carriage permits; sections 50 and 51 relate to contract carriages; sections 52 and 53 concern themselves with private carriers, and public carriers are covered by sections 56 and 57. ..... . 68-c of the act, theconditions of a stage carriage permit can bevaried under section 57(8) of the act.question no ..... the use of the definite article'the' preceding the words 'transport authority'unmistakably leads to the conclusion thatvariation has to be granted by the sameauthority which has granted the main permit.the definite article 'the' cannot be construedas the indefinite article 'a'. ..... . 68ff in the light of the definition of the expression 'route' in s .....

Mata Sudarshan Tilak Raj Dhawan Educational Trust, Panchkula Vs. State ...

Court : Punjab and Haryana

Reported in : AIR2003P& H39

..... , this writ petition.note to clause 4 of statue 38 of the statutes framed by mdu on which reliance has been placed by the respondents, has been held to be void being repugnant to the central act, in this view of the matter, the writ petition is allowed and mdu directed to recognise/grant affiliation to the college for the increased seats in the discipline of information technology.21. ..... of the division bench holding that aicte was the only authority which could cancel the permission granted to a college after the coming into force of the central act and the provisions of the state act which were repugnant to the central act were void to that extent, it was also held that madras university act which gave power to the university to disaffiliate institutions imparting technical education was in conflict with the central ..... leaned single judge of the hon'ble court allowed the writ petition against the state government holding that after the passing of the central act the state government had no power to cancel the permission granted to the trust which power was exclusively with aicte. ..... we, therefore, hold that the aforesaid requirement of note to clause 4 of statute 38 in so far as it relates to technical institutions is repugnant to the central act and is void to that extent.consequently, this writ petition is allowed and a direction issued to mdu to recognise/grant affiliation to the increased intake capacity of the petitioner institution as approved by aicte by its letter dated july .....

The Manager/Chairman Vs. Dental Clinic of India

Court : Kerala

..... the kerala university of health sciences, it is imperative for the dci to redo the exercise as contemplated under section 10a of the act to ensure the quality of the course, syllabus and examination pattern of the institution based on the affiliation with the health university. ..... however, the learned senior counsel fairly conceded that the dci is competent to exercise the powers under section 10a of the act in respect of increased intake from 50 to 100 seats granted in the previous year. 9.ii. ..... , this court is of the view that with liberty to the dci to proceed against the petitioners' institutions based on the action already initiated to arrive at a logical conclusion, the petitioners' institutions which have got recognition under section 10(2) of the act shall be permitted to admit students with the original intake capacity. ..... apparently, the dci is of the view that in view of the change of the university for affiliation, notwithstanding the recognition accorded to the petitioners' institution under section 10 of the act, they are bound to follow the procedure referred in the above w.p. ..... on completion of the first batch, the government of india by a notification under section 10(2) of the act, recognized the award of degree of the kannur university in respect of the pariyaram dental college. ..... (c) no.21267/2015 would argue that once the recognition is awarded in terms of section 10(2) of the act, the question of renewal of permission does not arise. .....

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

Court : Andhra Pradesh

Reported in : AIR1977AP227

..... 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. ..... 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 ..... vijayawada, (1971 tax lr 556) (andh pra) (supra) dealing with this question it was observed that as there was no demand for payment of tax on the basis of the user of the vehicle as a stage carriage, until the passing of the impugned order, unless and until the petitioners commit default in payment of the tax due demanded, it must be held that the provisions of section 6 are not attracted. .....

Lokanath Misra Vs. State of Orissa and anr.

Court : Orissa

Reported in : AIR1952Ori42

..... providing in stages or in one stage a more efficient administration of the entire stage carriage & public carrier's services 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 ..... 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 ..... council made definite recommendations to ..... has got a definite connotation in .....

Public Prosecutor, High Court of A.P. Vs. Thummala Janardhana Rao and ...

Court : Andhra Pradesh

Reported in : 1998(5)ALD262; 1998(2)ALD(Cri)447; 1998(2)ALT(Cri)479; 1998CriLJ4450

..... it may be rather difficult to lay down a rule of universal application as to when and in what circumstances the court will be entitled to exercise its discretion under section 154 of the evidence act and the matter will largely depend on the facts and circumstances of each case and on the satisfaction of the court on the basis of those circumstances. ..... ) 378 observed that:'on a reading of the language that has been introduced in sections 154 and 155 of the indian evidence act it can be said that the grant of leave to cross-examinetheir own witnesses at any stage has been left completely to the discretion of the trial court, and such exercise is not fettered by or dependant upon the hostility or adverseness of the witness. ..... state of gujarat, : 1964crilj472 this court made the following observations:'section 154 does not in terms, or by necessary implication confine the exercise of the power by the court before the examination-in-chief is concluded or to any particular stage of the examination of the witness. ..... as to under what circumstances a party calling its own witnesses may claim permission of the court to cross-examine them and the scope of section 154 of the indian evidence act is not res integra. ..... the court would not place such an interpretation of section 154 of the evidence act.13. ..... section 154 of the evidence act is the only provision under which a party calling its own witnesses may claim permission of the court to cross-examine them. .....

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

Court : Mumbai

..... with a view to obtaining the evidence of any person supposed to 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 ..... can the term 'examination' 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? ..... in conclusion, we may note that under section 306 of the cr.p.c, the magistrate is only empowered to examine the approver, as at this stage, the proceeding before the concerned magistrate is neither an inquiry nor a trial, and therefore the accused has no right to cross-examine the approver. ..... he submitted that under section 138 of the evidence act, the term examination includes examination-in-chief, cross examination and re-examination and therefore the term examination used in section 306(4) will have to be read as 'examination' as contemplated under section 138 of the evidence act. .....

Om Prakash Vs. State

Court : Allahabad

Reported in : AIR1956All241; 1956CriLJ452

..... section 34 being not itself creative or definitive of an offence would, therefore, fall outside the purview of the ingredients required to be mentioned in the charge under this section.illustration (a) appended to this section would show that when a is charged with the murder of b, this would be an equivalent to a statement that a's act fell within the definition of murder. ..... no error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice'.illustration (b) shows that even where the charge contains an erroneous statement regarding the date of ..... the antithesis is between the preliminary stages, the agreement, the preparation, the planning, which is covered by section 109, and the stage of commission when the plans are put into effect and carried out. ..... a reference to the various sections of the code of criminal procedure at this stage is necessary to elucidate this point.30. ..... at this stage, all that need be noted is that a person charged with the aid of section 34 cannot say that the individual intention of the offender, whatever it might be, was not raised into controversy in such a charge or was immaterial to it.on the other hand, the position under section 149, i. p. c. .....