Court : Patna
..... which is a state transport undertaking, is of opinion that for the purpose of providing an efficient adequate, economical and properly co-ordinate road transport services it is necessary in the public interest that the stage carriage services relating to certain routes or portion thereof should be run and operated by the rajya transport with effect from the date specified in the scheme below to the complete exclusion of other persons except ..... those who, on such dates may be holding permanent permits to run stage carriage on those routes and are allowed, at the discretion of the state government to operate them until the date of expiration of the existing permits.the said scheme was modified from time to time ..... chapter iva of the act, 1939 deals with ..... it is necessary to look into the relevant provisions of the motor vehicles act, 1939 (hereinafter referred to as the act of 1939). ..... and published under section 68e of the act, 1939 vide s.o. ..... vi of the motor vehicle act, 1988. ..... 68d may at any time be cancelled or modified by the state transport undertaking in accordance with the procedure laid down under section 68c and section 68d of the act, 1939. ..... undertakings' means any undertaking providing road transport service, where such undertaking is carried on by...any road transport corporation established under section 3 of the road transport corporation act, 1950'. .....
Tag this Judgment!Court : Patna
..... -(a) save in the case of a vehicle which is used for the carriage of troops or police or a stage carriage in which goods are being carried in addition to passengers, no person shall be carried in a goods vehicle other than a bona fide employee of the owner or the hirer of the vehicle, and except in accordance with this ..... the goods travelling in a goods vehicle having engaged the vehicle under an agreement with the owner for carrying goods for hire or reward and the goods carried are those as defined in section 2(7) of the 1939 act, subject to the condition that such liability shall cover only up to the extent of a number of persons permitted to be carried in the goods vehicle under rule 162 of karnataka motor vehicles rules, 1963.18. ..... acj 264 (bombay), held that when the hirer of a goods vehicle for carriage of his goods is travelling by the said vehicle in connection with the carriage of the goods with the consent of the driver or owner of the goods vehicle in question he must be deemed to be a passenger on the vehicle for reward within the meaning of clause (ii) of the proviso to section 95 (1) of the act and hence the tortious liability of the owner towards him must be covered by ..... 1985 acj 762 (rajasthan), the rajasthan high court decided the question having regard to clause (ii) to proviso to sub-section (1) of section 95 of the old act read with rule 133 of the rajasthan motor vehicles rules, 1951 which is pari materia with rule 87 of the bihar motor vehicles rules, 1940. .....
Tag this Judgment!Court : Patna
..... . by notification dated 28-4-1999 the government granted exemption from payment of such additional tax to the stage carriage owned by recognised educational organisation andused exclusively for the transporation of pupil of the institution ..... the learned single judge noticing different provisions of the constitution as well as motor vehicles act and the taxation act has come to a conclusion that the state government, which had earlier granted exemption to these educational institutions, has power to withdraw the same exemption and the petitioners cannot have any right to continue with ..... . from the aforesaid analysis, i find that exercising its discretion under section 15 of the taxation act, the state government earlier granted exemption to the buses possessed by these educational institutions ..... in exercise of its powers under section 15 of the bihar motor vehicles taxation act, 1994 (hereinafter referred to as 'the taxation act') the government of bihar issued a notification dated 16th july, 1994, by reason of which exemption was granted to the institutions in payment of road tax in respect of the vehicles owned and possessed by those recognised schools and colleges. ..... marathia next contended that section 5 of the taxation act, inter alia, contemplates that every owner of a registered motor vehicle shall pay tax on such vehicle at the rate specified in schedule i and, such, even the registered government vehicle is required to pay tax and no such .....
Tag this Judgment!Court : Patna
..... 'person being attacked may identify the person who actually attacked him or entered into his house and took away belongings, then there must be some overt act attributed to that person, but at that very moment, he might not be able to see as to other person in the mob who were doing other attrocities in other houses ..... , in the present case, section 149 of the indian penal code has been added even after the evidence was totally closed and at the stage of argument but that would not have affected the prosecution case, if the charges were made properly in the case. ..... indradeo gawala had committed attrocities on mohan singh but she did not say anything of this overt acts as alleged in her deposition and in her statement before the police. ..... or section 148 of the indian penal code, then the member of that unlawful assembly may be convicted for other major offences roping under section 149 of the indian penal code even if there is no overt act attributed to any of the accused persons. ..... has not made any attribution regarding the overt act to any of the accused appellants. ..... persons may not be convicted roping under section 149 of the indian penal code but they could be made liable roping under section 34 of the indian penal code although in that case, some overt act would be necessary to be attributed to them.9. ..... there is inherent defect in the prosecution case from the very beginning itself and that has not been cured even after alteration/modification of the charges at the latter stage. .....
Tag this Judgment!Court : Patna
..... it is pertinent to note that article 3(x) of the statutes of the university regarding governing body (supra) itself provides,no act or proceeding of the governing body of a college (shall) be invalidated merely by reason of the existence of a vacancy or vacancies among ..... 'till the formation of full-fledged/regular governing body' in the letter merely refer to the stage of completion and do not mean that no governing body at all was constituted.15. ..... as to whether by reason of any vacancy in some categories/constituencies the managing committee would be deemed to have been constituted or not came up for consideration in the context of the provisions of bihar cooperative societies act, 1935 and the rules framed thereunder in the case of harendra singh choudhary v. ..... it has been submitted that section 53 of the bihar state universities act, 1976 (in short, 'the universities act') provides for audit of the accounts of the college by a qualified accountant appointed as an auditor by ..... at this stage it would be appropriate to refer to provisions of section 60 of the universities act, dealing with the constitution of the governing body, as ..... attention was also drawn to the provisions of section 52(1)(b) of the act which provides for audit of the annual budget of the university by the auditors appointed by auditor general ..... by referring to the provisions of the chartered accountants act, 1949, it was urged that the term 'qualified accountant' must be understood to me an a person who has done .....
Tag this Judgment!Court : Patna
..... act provides that while considering an application for a stage carriage permit the regional transport authority shall have regard to the objects of the act ..... decisions of the regional transport authority (hereinafter to be referred as 'the authority') to grant stage carriage permits on suo motu applications, is in clear violation of the constitutional provisions, contained in articles 14 and 19(1)(g) of the constitution and even against the provisions of motor vehicle rules, as amended after enforcement of the motor vehicles act, 1988 (hereinafter to be referred as 'the act'). 3. ..... petitioners have prayed for quashing different resolutions of darbhanga regional transport authority, whereby and whereunder, numbers of permanent and temporary stage carriage permits were granted to the private respondents on their suo motu applications. ..... the applications of the private respondents for grant of stage carriage permits were filed without indicating any time schedule. ..... fundamental rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizens freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving object by imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of a state of emergency, - ..... the existing stage carriage operators on .....
Tag this Judgment!Court : Patna
..... in this order, authorities have taken note of the fact that when petitioner responded to the advertisement for grant of inter state stage carriage permit he submitted his application on basis of a registration granted under the provisions of the motor vehicles act showing the year of manufacture of his vehicle as 2006. ..... pursuant to advertisement issued by the state transport authority for grant of an inter state stage carriage permit, petitioner and intervener-respondent mohan singh applied. ..... after due consideration, by order dated 18.07.2007, the petitioner was granted temporary inter state stage carriage permit. ..... because of this inappropriate conduct, the authority intended to cancel the grant itself but being aware of the provisions of section 86 of the motor vehicles act, they noted that such an action could not be taken without due notice to the parties and, as such, withheld issuance of permit. ..... firstly on 18.07.2007, petitioner was granted temporary permit which, in terms of section 87 of the motor vehicles act, is itself valid for a period of four months. ..... heard the parties and with their consent, the writ application is being disposed of at this stage itself.6. .....
Tag this Judgment!Court : Patna
..... state of bihar, reported in 1993 (2) pur 22, a division bench of this court having considered the provisions of all india council for technical education act, 1987 (hereinafter to be referred to as 'the central act') which came into force on 28-3-1988 and the bihar state engineering and pharmacy education act, 1982 (hereinafter to be referred to as 'the bihar act of 1982') which came into force with effect from 7-8-1982, inter alia held that the state government had no jurisdiction to grant ..... . state of bihar, reported in 1993 (2) pljr 610 wherein it was held as follows :-- 'unless the central government grants permission to the university as required under section 10a(b) of the central act, for conducting the courses of studies in question and it is authorised to award recognised dental qualification, there cannot be any occasion for the central government for granting permission to the institution like the present one to have ..... in this situation, we may observe that the central government and the central council should perform their statutory duties in terms of the provisions of the central act at an early dale and preferably within a period of three months from the date of receipt/production of a copy of this order. c.w.j.c ..... the petitioner until and unless the institution itself is recognised by the central government and in that view of the matter, the question of any duty being performed by the state of bihar in terms of the provision of the said act does not arise at this stage .....
Tag this Judgment!Court : Patna
..... was, immediately before the appointed day, valid and effective in any area in the transferred territory, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that act as for the time being enforce in that area; and it shall not be necessary for any such permit to be countersigned by the state transport authority of jharkhand or any regional transport authority therein for the purpose ..... may also be made to the case of manoj sahay (supra) in which it was held that the transport permits were valid for the remainder period by virtue of provisions contained under suction 67 (1) of the act and therefore, no action can be taken against the permit holders for not holding permits granted by the authority of the state as permits granted by the erstwhile state of bihar were valid permit for the remainder ..... state of bihar, 2002 (i) pljr 666 had held that where the transport permits are valid for remainder period by virtue of provisions contained under section 67(1) of the act, no action can be taken against the permit holders for not holding permits granted by the authorities of the new state, as permit granted by the erstwhile state of bihar are ..... he had deposited the tax for this vehicle and holds valid goods carriage permit bearing permit no. ..... in any view of the matter at this stage it appears to me that this amount of tax and penalty prima facie cannot be levied on the petitioner and the truck would not be required to be released only .....
Tag this Judgment!Court : Patna
..... was, immediately before the appointed day, valid and effective in any area in the transferred territory, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that act as for the time being in force in that area; and it shall not be necessary for any such permit to be countersigned by the state transport authority of jharkhand or any regional transport authority therein for the ..... of the petitioners that once the length of the road has been reduced after bifurcation of the erstwhile state of bihar, the demand of the tax at the same rate as provided under the act will not be a compensatory tax but will become a confiscatory tax or a tax not permissible under article 301 of the constitution of india, is concerned, the same is also devoid ..... transport authorities or the state transport authority of the erstwhile state of bihar will be valid for both the successor states in terms of the provisions of section 67(2) of the bihar re-organisation act and as such the vehicle cannot be seized on the ground of not holding a fresh valid permit by the authorities of the state of bihar for playing the vehicle in this state.10. ..... and once the owners of the vehicles used the road inside the state of bihar, they are liable to pay tax but the levy of tax under the act at the old rate is invalid as it will lose the character of compensatory nature and will become tax impeding the trade, commerce etc, and violative of article 301 of the constitution of .....
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