Court : Allahabad
Reported in : AIR1982All480
..... instead of going into the basis for the above doctrine, it would be sufficient for the purposes of the present case to read section 306, succession act, 1925, and to see whether the case of an injury occasioned by a motor accident is taken out of the clutches of the rule enacted by that provision by anything contained in the motor vehicles act, 1939, particularly section 102 of chap. ..... state of bombay : air1958sc253 the supreme courl applied the maxim actio personalis moritur cum persona to an action for relief against ex-communication, and held that on the death of the plaintiff who was a respondent before the supreme court, and no decree had till then been passed in his favour, the suit abated as the claim with which he had come to court was personal to him. ..... 306, succession act, 1925, it was held that the expression personal injuries in that provision is not confined to physical injuries but would include mental injuries as well and a claim for compensation for loss of reputation or mental agony would not survive after the death of the party injured, but a claim for compensation for damage caused to plaintiff's goods by the tortious act of the defendant would survive to the legal representatives of the deceased plaintiff if the plaintiff's estate to the extent of the wrong done by the defendant had .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2010All3; 2010(1)AWC51
..... abdul rahim : 1963 (3) scr 1, the tenants under the provisions of the bombay tenancy act, 1939 were given protection against eviction and they were granted the status of protected tenant, who had cultivated the land personally six years prior to the prescribed date. ..... assistance was given and security interest was created prior to the enforcement of the ordinance on 21.6.2002 and was classified as standard assets and was thereafter after the enforcement of the act combined to constitute non-performing assets, the court held after noticing the provisions of sick industrial companies (special provisions) act, 1985; the debt recovery tribunal act, 2003; and the objects and reasons of the act of 2002 over the security interest defined under section 2(z)(f) means right, title and interest of any kind ..... any bank or financial institution or any consortium or group of banks or financial institutions and includes- (i) debenture trustee appointed by any bank or financial institution; or (ii) securitisation company or reconstruction company, whether acting as such or managing a trust set up by such securitisation company or reconstruction company for the securitisation or reconstruction, as the case may be; or (iii) any other trustee holding securities on behalf of a bank or financial institution, in whose favour security interest is created for due repayment by any borrower of any financial .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All234
..... one of the questions that arose for consideration before the supreme court was as to whether, in view of section 2 (c) of the taxation act under which the expression 'motor vehicle' had the same meaning as in the the motor vehicles act, 1939, any subsequent amendment made in section 2 (18) of the motor vehicles act, 1939 (the section defining the meaning of expression motor vehicle) by motor vehicles (amendment) act, had an impact on the meaning of the expression 'motor vehicle' for purposes of the taxation act as well. ..... municipal corporation of the city of ahmedabad : [1977]1scr71 the question that arose for consideration before the supreme court was as to whether in view of the provisions contained in section 284n of the bombay provincial municipal corporation act, 1949 which ran thus : ..... to consider that the decision of the privy council has any relevance to the construction of the legal effect of the terms of section 23a of the foreign exchange regulation act is to ignore the distinction between a mere reference to or a citation of one statute in another and an incorporation which in effect means the bodily lifting of the provisions of one enactment and making it part of another so much so that the repeal of the former leaves the latter wholly untouched ......... ...... ........ ..... this connection the supreme court observed thus :'section 284n referentially incorporates in the bombay act certain provisions of the land acquisition act as detailed in appendix i to the bombay act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All521
..... the general argument of the learned counsel for the respondents is that the zamindars debt reduction act has to be judged in the context of the abolition of zamindari under the zamindari abolition and land reforms act, and as the reduction of the zamindars debt was a mere consequence to the abolition of zamindari, the reduction of the debt as well as the restriction on the right of the creditor to realise the debt in the manner given in sections 8 and 9 of the act, amount to reasonable restrictions in public interest and so protected by clause (5) of article 19. 44. ..... it was an amendment act of 1947 amend, ing the provisions of the motor vehicles act, 1939. ..... before we pass on to the provisions of sections 8 and 9, it will be worthwhile to mention that the learned counsel for the respondents relied upon the case of state of bombay v bhanji munji, : [1955]1scr777 , and urged that articles 31 and 19 of the constitution being mutually exclusive, and once it had been found that the provisions of sections 3, 4 and 7 are not contravened by article 31, it is not open to the petitioner to argue that the provisions of the said three sections should be struck down under article 19(1)(f). ..... state of bombay : 1951crilj680 . .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All308; 2006(2)AWC1830
..... permits to be granted and countersign is governed by the inter-state agreement;(ii) that as the grant of counter-signature of the permits on the route is covered by the inter-state agreements, the permits are to be granted and countersigned only in accordance with the agreement and it is not permissible to grant or countersign permits above the limit fixed by the inter-state agreement;(iii) that it could not be the intention of the legislature that beyond the determined strength of the route the procedure laid down in section 57 will apply, the scheme of the act limits the number of stage carriage ..... . the state transport appellate tribunal, madras : [1971]1scr474 , the apex court has considered the provisions corresponding to the above referred - to in the motor vehicles act, 1939 (hereinafter called 'the old act') and observed as under:the combined effect of section 63, 63-a, 63-b and 63-c is that the inter-state commission will deal with the inter-state permit ..... can grant permit on an inter-state route over and above the ceiling fixed by the inter-state agreement, and if the permit is not countersigned by the other authority, whether that permit can be termed as valid in view of the provisions of section 88(1) of the act even for part of the route falling within the jurisdiction of the permit granting authority?the relevant provisions of the act read as under:88- validation of permits for use outside region in which granted. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All170
..... section 66(1) of the act has been taken verbatim from section 42(1) of the said act of 1939 and as there is no difference whatsoever in the two corresponding provisions, it is not permissible toconlend that if a vehicle is taken off the route, even if empty unless it falls within the exception given in section 66(3) of the act, it does not commit an offence and will not violate the provisions of the act.11 . ..... the amendment was necessary to plug the loophole and to overcome the interpretation given by the high courts to section 42 of the said act of 1939, but after the commencement of the amendment act 1969, it was not permissible for any person to ply the vehicle off the route even without carrying any passengers.10. ..... 56 of 1969, which was enforced with effect from 2-3-1970 and by the said amendment the words 'whether or not such vehicle is actually carrying any passenger or goods' were inserted in section 42 of the said act of 1939. ..... the motor vehicle act, 1939, hereinafter called the ac! ..... of 1939 was amended by the parliament by act no. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1985)ACC505; [1986]60CompCas977(All)
..... this is an appeal under section 110d of the motor vehicles act, 1939, against the order dated april 25, 1970, passed by the motor accidents claims tribunal (iii addl. ..... (4) a claim for compensation under sub-section (1) shall not be defected by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement.' 22. ..... (3) in any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person. ..... section 2 of the motor vehicles (amendment) act, 1982, provides :it shall come into force on such date as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act.'28. ..... [1965] 35 comp cas 881 (sc), the question before the supreme court was as to whether section 45-o of the companies act was retrospective. ..... section 92a has been introduced by the motor vehicles (amendment) act, 1982 (act no. ..... 15,000 under section 92a of chapter viia of the motor vehicles act. .....
Tag this Judgment!Court : Allahabad
Reported in : [1985]58CompCas426(All)
..... (c) except so far as is necessary to meet the requirements of section 95 of the motor vehicles act, 1939, in relation to liability under the workmen's compensation act, 1923, the company shall not be liable in respect of death of, or bodily injury to, any person (other than a passenger carried by reason of or in pursuance of a contract of employment) being carried in or upon or entering or mounting or alighting from the motor vehicle at the time of the occurrence of the event out of which any claim arises.' 22. ..... ' the full bench analysed the provisions of the act and the rules in a detailed manner and thereupon it held that the liability in respect of the death of, or bodily injury to, a passenger carried for hire or reward on the insured vehicle when the accident giving rise to the claim occurred, including the liability in respect of the owner or hirer of the insured vehicle or his bona fide employees within the permissible limits, will be covered by the statutory insurance either by virtue of section 95(1)(b)(i) read with the second clause of the proviso or by reason of section 95(1)(b)(ii) of the act. ..... in such a case, the hirer or his employee is not carried in the vehicle gratuitously nor is he given a free lift. ..... the bench held that where free lifts are given by drivers of goods vehicle and in the event of death or injury comes to such passengers, the insurer would not be liable as such passengers are not carried for hire or reward. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All79
..... air 1979 sc 343) (supra), the supreme court, while dealing with the bombay motor vehicles (taxation on passenger) act, 1958 had referred to the preamble of that act, which is pari materia same with that of the u.p. ..... the said case, the vehicles were used for the employees of the petitioner company and the families of their employees, but in the present case only employees and the school going children are permitted to use the said vehicles on the basis of the terms and conditions of their service and the amount collected do not represent hire or reward and, therefore, it is neither a stage carriage nor a contract carriage nor the passengers carried are passengers within the meaning of the said act. ..... therefore, the supreme court referred to the bombay motor vehicles rules, 1959 which defined 'private service vehicles' means any omni bus constructed or adapted to carry more than nine persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons in connection with his trade or business or otherwise than for hire or reward;but does not include a motor vehicle used solely for pubic ..... engineering and locomotive company limited (air 1979 sc 343) (supra), in order to attract section 3(1) of the bombay motor vehicles (taxation on passengers) act, 1958 which is pari materia similar to section 3(1) of the u.p. ..... the supreme court was dealing with a case under the motor vehicles act, 1939 in which private service vehicle was not .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1608
..... ' has been put forward to assert that since on the date when the recovery of the tax was being made, the vehicle was in possession of the finance company, therefore, the company is liable for the payment of tax dues, whereas in the bombay act there was no such clause with respect to the vehicle being plied on hire-purchase agreement.18. ..... , (1999) 9 scc 1, the contention of the state before the apex court was that the finance company would be liable to pay the taxes (arrears of taxes) against the vehicle for which fresh registration has been sought under section 31a (5) of the motor vehicles act, 1939 (the provision is analogous to section. ..... the amended definition of the term 'operator' was thus read by the apex court as under :'operator' means :(a) any person whose name is entered in the permit as the holder thereof and where a stage carriage is used or caused or allowed to be used without a permit, includes a person is whose name the stage carriage is registered under the motor vehicles act, 1939. ..... (4) operator' means any person whose name is entered in the permit as the holder thereof and where a stage carriage is used or caused or allowed to be used without a permit, includes the person in whose name the stage carriage is registered under the motor vehicles act, 1939, or the person having possession or control of such stage carriage ;'16. .....
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