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. .....

Orma Timbers Vs. State of KeralaCourt : 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 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 .....

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 .....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 .....

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 .....

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. .....

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MAR 222002(HC)
Charanjeet Dudeja Vs. 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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JUL241991(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 .....