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Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : AIR1992AP67; 1991(2)ALT625

..... originally pleaded in the writ petitions. it is, of course, true that the petitioners initially prayed for
the issue of a writ directing the respondents to implement sub-section (3)of section 71 of
the motor vehicles act by limiting the number of stage carriages operating on the town service
routes in question. later on, however, now the amendment sought to be made is for ..... , refuse to
grant him a permit. there is another angle to the problem. before the granting of a permit under
rule 179 of the a.p. motor vehicles rules, 1989, which is applicable for the grant of permits u/ s. 80
of the act of 1988, certain guiding principles for grant of stage carriage permits have been provided.
under this rule, provision ha been ..... a specified number of permits in so far as the medium and
long routes are concerned. the point to be emphasised here is that by the guiding principles of
rule 179 it is not as if that the existing operators are totally extinct from the realm of consideration by
the authorities, but, indeed, they very much exist on a preferential basis ..... equal, preference for
medium route is to be given to the existing operators holding one to four stage carriage permits.
similarly under clause (c) of sub-rule (2) of rule 179 other things being equal, preference is to be
given for long routes to the existing operators holding five or more stage carriage permits. it is,
therefore, clear that as per .....

ent!Government of Nct of Delhi and ors.

Court : Delhi

Reported in : 100(2002)DLT30

..... is charged from the defaulter drivers as and when they are found disobeying the lawful directions
of a public servant under sections 132/179 of the motor vehicles act, 1988 and such of
the vehicles where they do notwant to compound challans are issued and their licenses or
registration are seized and they are given a ..... of offenders be punched, in addition to imposing
compounding fee of rs. 500/- for disobedience of lawful directions of public servant
under sections 132 and 179 of the m.v. act referred to in the previous paragraph. (4) the entry of
mgvs shall remain totally barred. the lgvs should be permitted to ..... areas of the walled city with
brisk business activities. a wide variety of transportation modes namely manually pulled or pushed
carts, animal driven vehicles and manual transportation of goods through head loads or basket
loads is currently prevailing which are strongly dependent on wholesale trade and are major .....
cranes which are operating in the area of kotwali traffic circle and are towing unauthorisedly
parked vehicles by taking frequent rounds of the area. as a result of this constant drive, 6999
scooters/motor-cycles, 1692 cars and 142 lgvs have been towed from 1.1.2001 to 30.9 ..... .2001
and a sum of rs. 10,85,400/ - (rupees ten lacs eighty five thousand four hundred only) has been
charged as towing charge. besides, 'no parking' stickers are also being pasted on the unauthorisedly
parked vehicles .....

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Re ...
Court : Andhra Pradesh

Reported in : AIR1992AP67; 1991(2)ALT625

..... originally pleaded in the writ petitions. it is, of course, true that the petitioners initially prayed for
the issue of a writ directing the respondents to implement sub-section (3)of section 71 of
the motor vehicles act by limiting the number of stage carriages operating on the town service
routes in question. later on, however, now the amendment sought to be made is for ..... , refuse to
grant him a permit. there is another angle to the problem. before the granting of a permit under
rule 179 of the a.p. motor vehicles rules, 1989, which is applicable for the grant of permits u/ s. 80
of the act of 1988, certain guiding principles for grant of stage carriage permits have been provided.
under this rule, provision ha been ..... a specified number of permits in so far as the medium and
long routes are concerned. the point to be emphasised here is that by the guiding principles of
rule 179 it is not as if that the existing operators are totally extinct from the realm of consideration by
the authorities, but, indeed, they very much exist on a preferential basis ..... equal, preference for
medium route is to be given to the existing operators holding one to four stage carriage permits.
similarly under clause (c) of sub-rule (2) of rule 179 other things being equal, preference is to be
given for long routes to the existing operators holding five or more stage carriage permits. it is,
therefore, clear that as per .....

Court : Chennai

..... the charges levelled against him.3. challenging the judgment of acquittal acquitting the second
respondent herein from the charges levelled against him under section 304(a) of i.p.c.,
and sections 134(a) and (b) r/w section 179(2) of motor vehicles act, the revision
petitioner/defacto complainant has come forward with the present revision.4. the learned counsel for
the revision petitioner would submit ..... prepared inquest report ex.p.9. on completion of
investigation, he laid the final report against the accused for the offences punishable
under section 304(a) of i.p.c., and sections 134(a) and (b) r/w section 179(2)
of motor vehicles act. (vi). the learned trial judge, after following the procedures, framed necessary
charges against the accused. since the accused denied the same in ..... been done and charge
sheet has been filed only against the second respondent herein under section 304(a) of i.p.c.,
and section 134(a) and (b) r/w section 179(2) of motor vehicles act. however, no charge sheet
has been filed either under section 337 of indian penal code or under section 338 of indian penal
code for the injury sustained by p.w.2 and .....

Court on Its Motion Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : II(2007)ACC1; 139(2007)DLT244; 2007(96)DRJ580

..... that act have to dispose of the case as a summary disposal case. the offenders are normally
interested in paying the compounding/composition fee to avoid ..... india has already proposed
nearly 86 amendments to the motor vehicle act and rules framed there under. we do hope that all
concerned authorities would expedite this matter and ensure that the same is brought to the notice
of the legislature for its consideration and appropriate action. 49. under the provisions
of motor vehicles act (section 206), the court taking cognizance of offences under ..... offenders
must be made to suffer this. another provision which can be of some useful reference is the
provision of section 179 of the motor vehicles act which empowers the competent authorities to
issue lawful directions for implementation of the provisions of the act. a person who willfully disobeys
such lawful directions, has to pay a fine ofrs. 500/- obviously in addition to ..... competent authority,
he shall be liable to pay costs ofrs. 500/- for each offence committed by him in addition to the
composition fee payable in terms of section 200 of the motor vehicles act or any other enabling
provision of law to that effect. wherever, the challan is tried by the court of competent jurisdiction, it
shall consider the question .....

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 DEC 222014(HC)
Kather Avulia Vs. 1.The State Rep. By2.Sathee
Court : Chennai

..... the charges levelled against him.3. challenging the judgment of acquittal acquitting the second
respondent herein from the charges levelled against him under section 304(a) of i.p.c.,
and sections 134(a) and (b) r/w section 179(2) of motor vehicles act, the revision
petitioner/defacto complainant has come forward with the present revision.4. the learned counsel for
the revision petitioner would submit ..... prepared inquest report ex.p.9. on completion of
investigation, he laid the final report against the accused for the offences punishable
under section 304(a) of i.p.c., and sections 134(a) and (b) r/w section 179(2)
of motor vehicles act. (vi). the learned trial judge, after following the procedures, framed necessary
charges against the accused. since the accused denied the same in ..... been done and charge
sheet has been filed only against the second respondent herein under section 304(a) of i.p.c.,
and section 134(a) and (b) r/w section 179(2) of motor vehicles act. however, no charge sheet
has been filed either under section 337 of indian penal code or under section 338 of indian penal
code for the injury sustained by p.w.2 and .....

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JUN 072006(HC)
The New India Assurance Company Limited Vs. G. Vijaya Kandiban and
Court : Chennai

Reported in : IV(2006)ACC96

..... , the charge sheet has been filed against one s. jayapaul, the van driver, before the chief
metropolitan magistrate court in c.c. no. 7789 of 1994 under section 338 ipc and section 179 of
the motor vehicles act. the van driver had admitted his offence on 8.5.1995 and had paid a fine
amount of rs. 500/-. therefore, the fact that the person had been ..... interest per annum from the
date of petition till the date of deposit. since the appellant/ insurance company obtained permission
to contest the claim petition on all grounds under section 170 of motor vehicles act 1988, the
appellant has to canvass the finding relating to the quantum determined by the tribunal also. 2.
before the tribunal, it is the case of the respondent/claimant ..... clear by the change of language
from what was in fatal accidents act 1855 and what is brought under section 110b of the 1939 act.
this is also visible through the provision of section 168(1) under the motor vehicles act 1988
and section 92-a of 1939 act which fixes the liability on the owner of the vehicle even on no fault. it
provides where the death or permanent ..... by the change of language from what was in fatal
accidents act, 1855 and what is brought under section 110-b of the 1939 act. this is also visible
through the provision of section 168(1) under the motor vehicles act, 1988 and section 92-a of
1939 act which fixes the liability on the owner of the vehicle even on no fault. it provides where the
death or permanent .....

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 DEC 042013(HC)
Annu @ Aravinda Vs. Sub Inspector of Police
Court : Kerala

..... 4th day of december 2013 order petitioner is accused in crime no.624 of 2013 of the kumbala
police station for the offences punishable under sec.3(1) of the pdpp act and sec.132 (1) read
with sec.179 of the motor vehicles act, apprehends arrest and has filed this application.2. learned
public prosecutor, while opposing the application has submitted that on 23.10.2013 at about ..... 11
p.m., the sub inspector and party while on patrol duty signaled a vehicle to stop but,
the vehicle sped away and in the process, hit bumper ..... of the police jeep causing loss of around
rs.5,000/- (rupees five thousand only). the petitioner was driving that vehicle. it is submitted that the
petitioner is involved in seven abkari cases.3. learned counsel has submitted that the petitioner is
not involved in the alleged incident.4. having regard .....

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DEC 042013(HC)
Mr.Nishanth Vs. State of Kerala
Court : Kerala

..... 4th day of december 2013 order petitioner is accused in crime no.624 of 2013 of the kumbala
police station for the offences punishable under sec.3(1) of the pdpp act and sec.132 (1) read
with sec.179 of the motor vehicles act, apprehends arrest and has filed this application.2. learned
public prosecutor, while opposing the application has submitted that on 23.10.2013 at about ..... 11
p.m., the sub inspector and party while on patrol duty signaled a vehicle to stop but,
the vehicle sped away and in the process, hit bumper ..... of the police jeep causing loss of around
rs.5,000/- (rupees five thousand only). the petitioner was driving that vehicle. it is submitted that the
petitioner is involved in seven abkari cases.3. learned counsel has submitted that the petitioner is
not involved in the alleged incident.4. having regard .....

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DEC 042013(HC)
Orma Timbers Vs. State of Kerala
Court : Kerala

..... 4th day of december 2013 order petitioner is accused in crime no.624 of 2013 of the kumbala
police station for the offences punishable under sec.3(1) of the pdpp act and sec.132 (1) read
with sec.179 of the motor vehicles act, apprehends arrest and has filed this application.2. learned
public prosecutor, while opposing the application has submitted that on 23.10.2013 at about ..... 11
p.m., the sub inspector and party while on patrol duty signaled a vehicle to stop but,
the vehicle sped away and in the process, hit bumper ..... of the police jeep causing loss of around
rs.5,000/- (rupees five thousand only). the petitioner was driving that vehicle. it is submitted that the
petitioner is involved in seven abkari cases.3. learned counsel has submitted that the petitioner is
not involved in the alleged incident.4. having regard .....

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DEC 042013(HC)
Selvaraj Vs. State of Kerala
Court : Kerala

..... 4th day of december 2013 order petitioner is accused in crime no.624 of 2013 of the kumbala
police station for the offences punishable under sec.3(1) of the pdpp act and sec.132 (1) read
with sec.179 of the motor vehicles act, apprehends arrest and has filed this application.2. learned
public prosecutor, while opposing the application has submitted that on 23.10.2013 at about ..... 11
p.m., the sub inspector and party while on patrol duty signaled a vehicle to stop but,
the vehicle sped away and in the process, hit bumper ..... of the police jeep causing loss of around
rs.5,000/- (rupees five thousand only). the petitioner was driving that vehicle. it is submitted that the
petitioner is involved in seven abkari cases.3. learned counsel has submitted that the petitioner is
not involved in the alleged incident.4. having regard .....

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JUN 221993(HC)
Rifakatalikhan Vs. State of Maharashtra
Court : Mumbai

Reported in : 1994(4)BomCR75; 1993CriLJ3844

..... baheti (p.w. 7). apart from the charge u/s. 20(b) of the ndps act and under section 66(1)(b) of
the bombay prohibition act, the appellant was also charged u/s. 132(1)(a) r/w section 179 of
the motor vehicles act for not obeying the orders of p.s.i. baheti (p.w. 7) and speeding ..... up
the vehicle. after completion of investigation and receipt of the report of the chemical analyser, a
charge-sheet was filed in the trial court where ..... must be noted that in fact the learned counsel
candidly stated that he wished to make no submissions with regard to section 52-a of the act. 19.
provisions of section 55 of the act require an officer-in-charge of the police station to take charge of
and keep in safe custody all articles seized. ..... . everything depends on the factual position
represented before the court. 17. shri r. k. jain, the learned counsel relied on the provisions
of section 50 of the act and strenuously urged that there is non-compliance. the learned judge in the
impugned judgment has already held that because of the presence of c.p ..... was not reported, but
only a possibility thereof was communicated by an anonymous person. the learned judge, therefore,
held that the statutory provisions of section 42 of the act are not applicable. on facts, the learned
judge held that the contraband was in transit for an attempt to sell on a public road. .....

Tag this Judgment!Government of Nct of Delhi and ors.

Court : Delhi

Reported in : 100(2002)DLT30

..... is charged from the defaulter drivers as and when they are found disobeying the lawful directions
of a public servant under sections 132/179 of the motor vehicles act, 1988 and such of
the vehicles where they do notwant to compound challans are issued and their licenses or
registration are seized and they are given a ..... of offenders be punched, in addition to imposing
compounding fee of rs. 500/- for disobedience of lawful directions of public servant
under sections 132 and 179 of the m.v. act referred to in the previous paragraph. (4) the entry of
mgvs shall remain totally barred. the lgvs should be permitted to ..... areas of the walled city with
brisk business activities. a wide variety of transportation modes namely manually pulled or pushed
carts, animal driven vehicles and manual transportation of goods through head loads or basket
loads is currently prevailing which are strongly dependent on wholesale trade and are major .....
cranes which are operating in the area of kotwali traffic circle and are towing unauthorisedly
parked vehicles by taking frequent rounds of the area. as a result of this constant drive, 6999
scooters/motor-cycles, 1692 cars and 142 lgvs have been towed from 1.1.2001 to 30.9 ..... .2001
and a sum of rs. 10,85,400/ - (rupees ten lacs eighty five thousand four hundred only) has been
charged as towing charge. besides, 'no parking' stickers are also being pasted on the unauthorisedly
parked vehicles .....

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JUL 241991(HC)
G. Venkata Ramakrishna Rao and Another Vs. the Government of India, Re ...
Court : Andhra Pradesh

Reported in : AIR1992AP67; 1991(2)ALT625

..... originally pleaded in the writ petitions. it is, of course, true that the petitioners initially prayed for
the issue of a writ directing the respondents to implement sub-section (3)of section 71 of
the motor vehicles act by limiting the number of stage carriages operating on the town service
routes in question. later on, however, now the amendment sought to be made is for ..... , refuse to
grant him a permit. there is another angle to the problem. before the granting of a permit under
rule 179 of the a.p. motor vehicles rules, 1989, which is applicable for the grant of permits u/ s. 80
of the act of 1988, certain guiding principles for grant of stage carriage permits have been provided.
under this rule, provision ha been ..... a specified number of permits in so far as the medium and
long routes are concerned. the point to be emphasised here is that by the guiding principles of
rule 179 it is not as if that the existing operators are totally extinct from the realm of consideration by
the authorities, but, indeed, they very much exist on a preferential basis ..... equal, preference for
medium route is to be given to the existing operators holding one to four stage carriage permits.
similarly under clause (c) of sub-rule (2) of rule 179 other things being equal, preference is to be
given for long routes to the existing operators holding five or more stage carriage permits. it is,
therefore, clear that as per .....