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...Jayachandra Reddy, J.:— A question of considerable importance concerning the Transport authorities and the owners of the motor vehicles used as contract carriages or stage carriages arises in this case before us....in contravention of the conditions of the permit by carrying passengers in excess of its authorised capacity it ceases to be a contract carriage from the point of view of its user and the excess passengers so carried can be treated ...when the contract itself is illegal the use of the vehicle as a contract carriage is equally illegal and the excess passengers can be treated as individual passengers carried by collecting separate fares a...
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...has used the vehicle as stage carrier but as per permit it issued for the contract carriage, hence there is breach of the policy conditions and the repudiation is proper. These are being the facts of...stating there is breach of the condition 27 of the permit. The condition no 27 states, the permit holder shall not operate the contract carriage as stage carriage. So the contention so the opposite...contact carriage and in the date of alleged los also the said vehicle was plying as stage carriage by displaying the route board, which is clear violation of the permission condition The opposite party came to conc...
...has used the vehicle as stage carrier but as per permit it issued for the contract carriage, hence there is breach of the policy conditions and the repudiation is proper. These are being the facts of...stating there is breach of the condition 27 of the permit. The condition no 27 states, the permit holder shall not operate the contract carriage as stage carriage. So the contention so the opposite...contact carriage and in the date of alleged los also the said vehicle was plying as stage carriage by displaying the route board, which is clear violation of the permission condition The opposite party came to conc...
...before the Courts. The question is when is a ‘contract carriage’ as defined under section 2(3) of the Motor Vehicles Act, 1939, (for brief ‘the Act’) said to have been used as a ‘stage carriage’ ...trip sheet maintained in the bus did not indicate any contract, express or implied, between the passengers and the owner of the contract carriage. Therefore, the Motor Vehicles Inspector came to the conclusion that the vehi...Officer issued a show-cause notice to the registered owner of the contract carriage AAA 1999 to show cause within seven days from the date of receipt of the said notice as to why the maximum tax of Rs. 11,500/- applicable t...
...of Objects and Reasons for the Act and on the basis of various affidavits filed on behalf of the State, observed that the operators were misusing their permits granted to them as contract carriage permits, and that in many ...;(iii) a public service vehicle without a contract carriage permit but which is specified as contract carriage in the concerned certificate of registration;..., contract carriage, and stage carriage. Thus, it is apparent from the definition of “public service vehicle” that it includes a contract carriage and a stage carriage ...
...A. Muhamed Mustaque, J.:— The 1 petitioner is a stage carriage operator and also the Secretary of Private Bus Operators Association. The 2 petitioner is also a stage carriage operator. The petitioners....2. Certainly, if any contract carriage permit operators are operating as stage carriage operators, necessary action shall be taken. It is only through a periodical surprise inspection...violation of contract carriage permit or not. If any violation is found, stringent action shall be taken. Therefore, the Transport Commissioner is directed to consider the petitioners' grievance...
...having a permit of a stage carriage is used as a contract carriage or vice versa or where a vehicle having a permit for stage carriage or contract carriage is used ...Kanai Lal Sur v. Paramnidhi Sadhukhan . AIR 1957 SC 907, 1958 SCR 360 (AIR at p. 910) Gajendragadkar, J. as he then was, held:“I..., which requires for its support an additional substitution of words or which results in rejection of words as meaningless has to be avoided. Bearing in mind, the aforesaid principles of construction of a...
...their vehicles as stage carriage but only as contract carriage and, hence, the case does not fall within the mischief of Section 207.
(4) Even if it is assumed that the petitione...law and that object can well be achieved by seizure of documents.
(8) Gujarat Tourism Development Department also used its vehicles as 'stage carriage' after obtaining permit for 'contract ...discharging statutory duties.
(4) Petitioners are using 'contract carriage' as 'stage carriage' and thereby contravene provisions of law. It is, therefore, open to the authorities to...
...1. Petitioner is the registered owner of contract carriage KLN 6069. He applied for alteration of the vehicle as stage carriage with a seating capacity of 43 in all. That was rejected by...holder of a permit can replace his vehicle KLN 6069 which is a contract carriage bus to a stage carriage bus and Rule 269 has no application.3. Government Pleader pointed out that Section 83 contempl...by the permit by any other vehicle of the same nature. This section lays stress to “vehicle of the same nature”. Contract carriage and stage carriage are defined Under Section 2 of the Act. Contract ...
..., that a stage carriage permit shall (underlining (italics) is mine), subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage....”That this stage carriage was used as a contract carriage on the date in question is also not disputed. The only question is whether any special permit is required under S. 42. The proviso ...shows that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage. Clause 8 of Part B of the permit is ...
...in the Court today is taken on record.In all three writ petitions, the petitioners before this Court are stage carriage operators and are aggrieved by certain contract carriage permits being given to...are running all their motor vehicles/other passenger's vehicles as stage carriage.From the perusal of the provisions under Motor Vehicles Act, 1988 particularly Section 74(2)(i) of the Motor...to a person. The essential difference between the stage carriage and contract carriage permit is that while a stage carriage runs as a regular bus service for passengers where the entire ...
...that the private respondent who was granted a Contract Carriage Permit being registration No. WB-73B-9797 was using the same as a regular stage carriage permit. The learned counsel...for the State has submitted that in place of the original Contract Carriage Permit, the private respondent has since been issued regular Stage Carriage Permit. Affidavits had been called for from the State. ...new Stage Carriage Permit contrary to law. The writ petitioner may make appropriate representation afresh...
...a show cause notice stating that the vehicle was being used as a stage carriage and hence the permit holder is liable to pay proportionate lax of Rs. 3,267 for the month of June, 1983 to the Government of Tamil Nadu. On 3.8...carriage and a stage carriage is understood properly. Section 2(3) defines 'contract carriage' as follows:
'contract carriage' means a motor vehicle which carrie...contract and includes a motor cab notwithstanding that the passengers may pay separate fares.
7. Section 2(29) defines 'stage carriage' as follows"
'stage ...
.... The Motor Vehicles Inspector had imposed penalty of Rs 1000 etc. for violation of the conditions of the contract carriage permit. It was found that the vehicle was being used as a stage carriage in...when the holder of a permit is another and permits them to carry the passengers and makes the contract dehors those mentioned in the list of passengers enclosed to the permit as contract carriage and takes the pass...picking up passengers from one place and taking them for tour to the other destination and, therefore, it is a “contract carriage” within the meaning of Section 2(7) of the Act. It is not a stage...
...vehicle is being used:Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract ...:Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods...” or “vehicle”, “transport vehicle”, “light motor vehicle”, “goods carriage”, “heavy goods vehicle” and “medium goods vehicle” have been defined in Section 2 of the Act as under...
...vehicle is being used. As per the first proviso to sub-section (1), a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of vehicle as a contract ...Section 2 of the Motor Vehicles Act, 1935, which define ‘contract carriage’ and clause (29) of Section 2 of the said Act, which define ‘stage carriage’ a Constitution Bench of the Apex Court held that, by claus...to pick up or set down along the line of that route passengers not included in the contract. A stage carriage is defined by clause (29) of Section 2, as a motor vehicle carrying or adopted to carry passengers for h...
...use the vehicle as a whole is a patently wrong statement and further if the criteria to be adopted to distinguish a ‘contract carriage’ from a ‘stage carriage’ as set down in the pronouncement of ...S.C.R 841. is taken note of, the petitioners could not be mulcted with the liability to pay tax on the basis that their vehicles were plied as ‘stage carriages’.3. S.2(3) of the Act defines ‘contract ...contract carriage is defined as a motor vehicle which carries a passenger or passengers on hire or reward under a contract from one point to another without stopping to pick up or set down along the line of that ro...
...India is to challenge the validity of levy of tax and penalty on their vehicles covered by contract carriage permits when plied as stage carriages.2. The material facts in all these writ...penalty as stage carnages in respect of vehicles covered by contract carriage permits for violation of any conditions of the permits and in any event the levy of full quarter tax where the offence has been...stage carriage in respect of vehicles covered by contract carriage permits, (2) if question No. I is answered in the affirmative, whether in the circumstances the penalty is leviable and if so to what extent (3) wh...
...Shanmugam, J.:— All these Original Petitions challenge the demand of tax for unauthorised plying as contract carriage vehicle. Some of the petitioners are having stage carriage permit, but.... S. 72 of the Motor Vehicles Act deals with the grant of stage carriage permit Clause (xviii) of sub-s. (2) of S. 72 states that the R.T.A while granting the stage ...permit. S. 74 deals with the grant of contract carriage permit R. 143 of the Kerala Motor Vehicles Rules sets out the form of permit to be issued. By virtue of these provisions, while obtaining a ...