Judgment Search Results Home > Cases Phrase: uttaranchal motor vehicles taxation reforms act 2003 Page 1 of about 2,312 results (0.183 seconds)

S.K. Srivastava and Etc. Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : AIR2007Utr52

..... the double taxes and the buses may not be stopped on the basis of non-payment of additional taxes for the route falling in the territory of the state in addition to the relief of declaring sections 5, 6 and 12 of the uttaranchal motor vehicles taxation reforms act, 2003 to be ultra vires, unconstitutional and to struck down the same and as well as the other relief as sought for in the first two writ petitions.3. ..... 923 of 2003, the petitioner has sought for issue a writ, order or direction in the nature of certiorari to declare sections 5, 6 and 12 of the uttaranchal motor vehicles taxation reforms act, 2003 ultra-vires, unconstitutional and to struck down the same as well as mandamus of this court directing the respondents not to realize or recover any additional tax as per aforesaid provisions of the uttaranchal motor vehicles taxation reforms act, 2003.2.1. ..... the controversy involved in all these three writ petitions is similar and the validity of the provisions of sections 5, 6 and 12 of the uttaranchal motor vehicles taxation reforms act, 2003 (hereinafter referred to as the uttaranchal act of 2003) is under challenge. ..... manu/sc/1108/2003 : (2004)1scc320 and argued that there is no presidential assent for the present enactment enacted by the government of uttaranchal, known as 'the uttaranchal motor vehicles taxation reforms act, 2003'. .....

National Insurance Company Ltd. Vs. Lalita Devi and ors.

Court : Himachal Pradesh

Reported in : 2008(3)ShimLC344

..... : (2000)illj1656sc , similar view was reiterated and it has been held by the high court of uttranchal that the claim of compensation under motor vehicles act is maintainable to the claimants in reference to the death of a mechanic while reparing bus when its driver drove it and the mechanic crushed under it ..... : [2002]2scr290 , has allowed the claim of compensation under motor vehicles act in view of the facts and circumstances when the accident of a driver and passengers moving in a vehicle took place at the fault of railway staff as the railway crossing was kept open for traffic.20 ..... : 2003(4)bomcr794 , whereas even the amount of compensation received without making claim under workmen compensation cannot take the right of claimant to move under motor vehicles act.19. ..... but, however, if they intend to claim higher amount under the provisions of motor vehicles act under fault liability, the negligence of the driver has to be established before the ..... the present appeal has been preferred under section 173 of motor vehicles act by the national insurance company against the order dated 5.7.2004 passed in macp ..... in case of workman involving himself in accident on account of his own negligence, he cannot be allowed to claim the compensation under the provisions of the motor vehicles act as it cannot be said to be giving rise to a claim under both the acts as negligent on the part of the driver is an essential element to be proved for approaching the tribunal under the motor vehicles act. .....

Ayisha Cani Vs. Union of India

Court : Chennai

..... has been applied in cases relating to insurance, taxation, compensation under the motor vehicles act as well as under the labour laws. ..... the relevant facts as arising from the case made out by the parties, leading to the filing of these appeals are that the union of india issued notification dated 29.12.2005 under section 4 (1) of the act for acquisition of lands for the development of port in karaikal, which was published in the office state gazette no.7 on 19.01.2006, identifying the land admeasuring 142.84.18 hectares of land for acquisition for the said purpose ..... state of uttaranchal and another reported in 2011 (6) scc47wherein in paragrpahs 56 to 58, it has been held as under ..... --(1) in determining the amount of compensation to be awarded for land acquired under this act, the court shall take into consideration-- -- first, the market value of the land at the date of the publication of the [notification under section 4, sub- ..... submitted that the compensation awarded to the claimants is reasonable and that the reference court had considered the provisions of the act and the potentiality of the land before fixing the value. ..... lands were acquired invoking the emergency provisions, 5(a) enquiry was dispensed with and declaration under section 6 of the act, was issued by the department of revenue and disaster management vide g.o. ms. ..... respondents in all appeals appeals under section 54 of the land acquisition act, 1894 read with section 96 cpc against the orders dated 28.02.2012 passed .....

Devinder Singh and Others Vs. State of Haryana and Others

Court : Punjab and Haryana

..... been applied in cases relating to insurance, taxation, compensation under the motor vehicles act as well as under the labour laws. ..... the factors laid down inter alia are : (1) the sale must be a genuine transaction, (2) that the sale deed must have been executed at the time proximate to the date of issue of notification under section 4 of the act, (3) that the land covered by the sale must be in the vicinity of the acquired land, (4) that the land covered by the sales must be similar to the acquired land, and (5) that the size of plot of ..... haryana state and others, it was submitted that for the acquisition of land in bahadurgarh for construction of road, where notification under section 4 of the act was issued on 8.4.1991, this court had assessed the value of the acquired land @ rs.7,43,000/- per acre after applying a cut of 33% on the sale transaction depicting the rate as rs.11,15,098 ..... facts of the case are that the state of haryana vide notification dated 12.5.1995 issued under section 4 of the land acquisition act, 1894 (for short, "the act"), sought to acquire the land situated within the revenue estate of bahadurgarh, hadbast no. ..... state of uttaranchal and another, ..... civil) 496 : (2003) 12 scc 642 ..... civil) 551 : (2003) 10 scc 525 ..... (civil) 278 : (2003) 1 scc 354, tejumal ..... (civil) 293 : (2003) 12 scc 334 : it has been noticed that where lands are acquired for specific purposes deduction by way of development charges is ..... , decided on 10.12.2003 (sc) whereupon mr. ..... 2003 ..... haryana, 2003(1) r.c.r .....

Bhule Ram Vs. Union of India and anr

Court : Supreme Court of India

..... not unknown to various fields of law as it applies in the cases relating to insurance, taxation, compensation under the motor vehicles act, 1988 as well as under the labour laws. ..... duty of the claimant that he must produce the relevant evidence for determining the market value while filing his claim under section 9 of the act atleast before the trial court or before the reference court for the reason that the appellate court may not permit the party to adduce additional ..... (4-17) and 761(4-16), in all 16 bighas 8 biswas (full share), situated in revenue village aali, delhi, stood notified under section 4 of the act for the purpose of construction of ash pond at badarpur thermal power station on 16.10.1992 alongwith a huge tract of land belonging to other persons in ..... acquisition appeal no.154 of 2007 by which the high court has assessed the market value of the land @rs.6,51,000/- per acre modifying the award under section 18 of the land acquisition act, 1894 (hereinafter referred to as the act ) under which the land had been assessed @rs.5,99,850/- per acre. ..... uttaranchal ..... aggrieved, the appellant preferred a reference under section 18 of the act and the reference court made the award dated 10.1.2007 assessing the market value of the land @rs.5,99,850/- per ..... in his application for reference under section 18 of the act, the appellant has inter-alia taken the following grounds: (iii) that the land acquisition is very closed and surrounded by the developed and posh colonies and industrial .....

K.M. Vijayan, Senior Advocate Vs. State of Tamil Nadu Represented by I ...

Court : Chennai

Reported in : AIR2005Mad408; 2005(4)CTC337; (2006)3MLJ684

..... that section 4(1-a)(a), introduced by the tamil nadu amendment act 27 of 1998, as amended by the tamil nadu act 13 of 2003, by substituting schedule-iii, part-i, of the tamil nadu motor vehicles taxation act, 1974 as it relates to levy of lifetime tax for new registration of vehicles and section 3-a, levying green tax in respect of vehicles mentioned in fourth schedule of the tamil nadu motor vehicles taxation act, 1974 are constitutionally valid ..... at the time of registration.6 percent of the total cost of the vehiclepart-iiold motor vehiclesat the time of assigning new registration mark under section 47 of the motor vehicles act, 1988 if the vehicle is registered on or after the date of the commencement of the tamil nadu motor vehicles taxation (amendment) act, 2003 and if its age from the month of such registration is:- rate of tax1.not more than one year5.75 per cent of the cost of the vehicle2.more than ..... seeks to issue a writ of declaration, declaring section 4(1-a)(a) of tamil nadu motor vehicles taxation act, 1974, introduced by the tamil nadu amendment act 27 of 1998, as amended by the tamil nadu act 1 3 of 2003, by substituting schedule iii, part-i and section 3-a levying green tax in respect of vehicles mentioned under the fourth schedule of the tamil nadu motor vehicles taxation act, 1974 as ultra vires and violative of article 14 of the constitution of india, in so far as it amounts to levy of life tax for new registration of vehicle of the petitioner is concerned.3. .....

A. Aruna and ors. Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : 2002(6)ALD548; 2003(2)ALT770

..... of the new state of andhra pradesh, the above named three acts came to be called as (1) andhra pradesh (andhra area) motor vehicles taxation act, 1931, (2) andhra pradesh (telangana area) motor vehicles taxation act, 1955 and (3) andhra pradesh motor vehicles (taxation of passengers and goods) act, 1952.3. ..... area) motor vehicles taxation act, 1931, andhra pradesh (telangana area) motor vehicles taxation act, 1955 and andhra pradesh motor vehicles (taxation of passengers and goods) act, 1952 were repealed under section 18 of the act. ..... writ petitions, when the court pointed out that by amendment act 23/1995, the legislature has only enhanced the rate of life tax from 5% to 7%, but the method of computing life tax on the basis of the unladen weight and value of the vehicle was introduced in case of four wheelers by andhra pradesh motor vehicles taxation (amendment) act, 1992 (for short 'amendment act 11, of 1992') and that amendment act 11 of 1992 was not challenged, some of the petitioners ..... we hold that the andhra pradesh motor vehicles taxation (amendment) act, 1995 (amendment act 23 of 1995) and andhra pradesh motor vehicle taxation (amendment) act, 1992 (amendment act 11 of 1992) are constitutionally valid ..... the andhra pradesh (telangana area) motor vehicles taxation act, 1955 were enacted under entry 57 of list ii of the vii schedule whereas andhra pradesh motor vehicles (taxation of passengers and goods) act, 1952 was enacted under entry 56 of list ii of the vii schedule of .....

Birla Cement Works and anr. Etc. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : I(2004)ACC86; AIR2003Raj251; RLW2003(4)Raj2248; 2003(3)WLC428

..... the apex court held (para 29) :--'if the subsequent orissa motor vehicles taxation (amendment) act, 1943 incorporating the definition of the 'motor vehicles' referred to the definition of 'motor vehicles' under the act as then existing, the effect of the legislative method would in our view amount to incorporation by reference of the provisions of section 2(18) of the act in section 2(c) of the taxation act. ..... however, keeping in view that this matter is also to be heard along with the identical matters, this court by order dated 24-3-2003 directed the matter to be heard by division bench along with the identical matters. ..... the learned single judge rejected the writ petition by order dated 3-3-2003 on the ground that a writ petition against the show cause notice is not maintainable. ..... the learned single judge rejected the petition by order dated 3-3-2003 on the ground of availability of alternate remedy of revision under proviso 2 to rule 14 of the rules of 1951 and hence this special appeal. ..... the learned single judge by the impugned order dated 3-3-2003 dismissed the writ petition on the ground of availability of statutory alternate remedy of revision. ..... 184/2003, 206/2003 & 208/2003 filed by m/s birla cement works, two special appeals being d.b. ..... 188/2003 & 207/2003 filed by m/s ..... 208/2003, it is submitted that 7 dumpers had become unusable and became unworthy for operation as such appellants surrendered the certificates of registration, but they were rejected by order dated 29-3-2000 .....

K.M. Siraj Vs. the Regnl. Transport Officer and anr.

Court : Kerala

Reported in : 2007(2)KLJ817

..... liable to pay contribution (other than autoriskchaws covered under the provisions of the kerala autorickshaw workers' welfare fund scheme, 1991) shall, at the time of making payment of the tax under the kerala motor vehicles taxation act, 1976 (19 of 1976) produce before the taxation officer the receipt of remittance of the contribution to the fund due upto the preceding month.the stand of the state government as well as that of the board was that even though the ..... constitutional validity of sub-sections (7) and (8) of section 4 of the kerala motor vehicle taxation act, 1976, introduced by the motor vehicle taxation (amendment) act, 2005, act 24 of 2005 and section 15 of the act are under challenge before us on the ground that they are inconsistent with the provisions of section 81 of the motor vehicles act, 1988 and are also vitiated by colourable exercise of power and hence unconstitutional and void.2. ..... the kerala motor vehicles taxation act 1976 was also amended by act 24 of 2005 by which sub-sections (7) and (8) were added to section 4 of the act requiring payment of contribution towards the welfare fund as a condition precedent for acceptance of motor vehicle tax under the motor vehicles taxation act. ..... 7440 of 2003 filed by the kerala private bus operators' federation noticed the serious problem faced by the state and the board due to the incalcitrant attitude of the operators and opined that the problems could be sorted .....

Ms Msk Projects (i)(Jv) Ltd. Vs. State of Rajasthan and anr.

Court : Supreme Court of India

..... notification dated 1.9.2000 under the provisions of the indian tolls act, 1851 and rajasthan motor vehicles taxation (amendment) act, 1994 (hereinafter called the `notification dated 1.9.2000') preventing the entry of vehicles into bharatpur city stipulating its operation with effect from 1.10.2000. ..... , air 2007 sc 817, while dealing with the similar issue held as under:...after economic reforms in our country the interest re- gime has changed and the rates have substantially re- duced and, therefore, we are of the view that the interest awarded by the arbitrator at 18% for the pre- ..... was made in favour of msk-appellant on 1.12.2003 according to which there had been delay on the part of the state of rajasthan in issuing the notification and the state failed to implement the same and the contractor was entitled to collect toll fee even from the vehicles using bharatpur-deeg part of the road . ..... 2006 under section 37(1)(a) of the arbitration and conciliation act, 1996 (hereinafter called act 1996) against the order dated 17.1.2006 passed by the district judge, jaipur city, jaipur in arbitration case no.89/2004 whereby the application filed by the state of rajasthan under section 34 of the act 1996 for setting aside the arbitral award dated 1.12.2003 had been allowed.2. ..... formalities of admission and denial by each party in respect of each other's documents and submission of draft proposed issues and respective oral evidence, the tribunal on 4.1.2003 framed the following issues:1. .....