...conclusions:(a) It is held that registration of motor vehicle under Section 39 or Section 47 of the MV Act, 1988, as the case m...purpose of levy of tax under Section 3(1) of the Act by a deeming provision or a fiction.(b) in view of the aforesaid conclusion, it is held that for the ...-2 to Section 3(1) of the Act is not per se illegal merely because of its form. It is held that a provision in an enactment can be clarified by means of an explanation.(e) However, ...

...be dependent on registration or re-registration under Sections 40 and 47 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "MV Act, 1988", for short), as the case m...to the provisions of Section 3 of the Act as well as Sections 46 and 47 of MV Act, 1988 contended that the payment of lifetime tax in respect .... 6. Per contra, learned senior counsel appearing for the respondents supported the impugned order and drew our attention to Sections 46 and 47 of MV Act, 1988 a...

.... It is pointed out that Section 40 of the MV Act requires the owner of a motor vehicle to obtain registration of the same, by a registeri...case may be." It is pointed out that the impugned Amendment provides that tax is to be levied as specified in Parts A1 to A8 of the Schedule, which in turn make a reference to Registration....Sarin v. State of Uttarakhand , (2011) 8 SCC 708, in this regard. It is further contended that neither Section 47 of the ...

...transport vehicle under Section 2(47) of the MV Act; that the trailer by itself was inert and had to be pulled by some motor vehicle; that if the tractor is used for carrying goo...(14) and consequently, a transport vehicle under Section 2(47) of the MV Act liable for permit under Section 66 of that Act. In the...are of the view that the tractor-trailer in the present case falls under Section 2(14) as a “goods carriage” and consequently, it falls under the definition of “transport vehicle” under ...

.... Anuradha, learned Counsel for the petitioner by drawing my attention to the provisions of Section 47 of ...any ratio on the question of the scope of the charging section, particularly, in the context of levy of lifetime tax on the vehicles registered outside ...different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1)”.25. While under Section 47(1) ...

...fixing the number of additional stage carriage permits to be issued at a given time on non-notified routes, shall in addition to the consideration of the matter mentioned in sub-section (1) ...from the date of the last Notification referred to above Parliament amended the Act by enacting the Motor Vehicles (Amendment) Act, 1978 (47 of 1978) which inter alia am...(1) of Section 47 of the Act and inserted sub-sections (1-A) to (1-H) in that section. After this amendment, the proviso to sub-section (1) of Section ...

Can't display summary as content is Scanned, Please open the judgment to see full content.

.... Applying the above test … the tractor-trailer … falls under Section 2(14) as a ‘goods carriage’ and consequently, it falls under the definition of ‘transport vehicle’ under Section 2(47...without a permit. Under Section 66(2), the holder of a goods carriage permit may use the vehicle for drawing any trailer. Therefore, under the MV Act, 1988, Parliament has kept in mind ...vehicle under the Act, and in case, it is a motor vehicle under Section 2(28) of the Act, whether such “jugaad” is required to be insured and registered before it is permitted to ply on ...

...behalf of the claimants of payment of fare and freight is sham and bogus on the face of the facts as emerging from the record.8. Shri. Nanavati, learned advocate ...obtaining the permission under Section 170 of the Motor Vehicles Act, 1881 [hereinafter referred to as “MV Act”]. It was contended on behalf of the insurance company tha...injured claimant were unauthorized passenger in the matador and therefore, they were not entitled for compensation as there was breach of policy as well as section 147 of the MV Act. ...

...of which or a motor car or tractor or road roller the unladen weight of any of which, does not exceed 7500 kilograms. Section 2(35) of the MV ...), 2(22), 2(23) 2(24), 2(25), 2(26), 2(27), 2(28) and 2(29) of the MV Act. In these definitions, the words “transport vehicle” are neither used nor included and that is the reason, ...licence to drive a particular kind of vehicle and it must contain endorsement for driving a transport vehicle. In this section, the words “light motor vehicle” are not recorded. Meaning thereby, this section is to ...

...definition of “light motor vehicle” in terms of Section 2(21) of the Motor Vehicles Act, for the following reasons.4. I deem it proper to reprodu...or road roller the unladen weight of any of which, does not exceed 7500 kilograms. Section 2(35) of the MV Act gives the definition ...), 2(28) and 2(29) of the MV Act. In these definitions, the words “transport vehicle” are neither used nor included and that is the reason, the definition of “transport ...

.... Section 2(35) of the MV Act gives the definition of a “public service vehicle”, which means any vehicle, which is used or allowed to be used for the...contained in Sections 2(14), 2(16), 2(17), 2(18), 2(22), 2(23) 2(24), 2(25), 2(26), 2(27), 2(28) and 2(29) of the MV Act. In these definitions, the words “transport vehicle” are ....”14. It mandates that the driver should have the licence to drive a particular kind of vehicle and it must contain endorsement for driving a transport vehicle. In this section, the words “...

...weight of either of which or a motor car or tractor or road roller the unladen weight of any of which, does not exceed 7500 kilograms. Section 2(35) of the ...), 2(17), 2(18), 2(22), 2(23) 2(24), 2(25), 2(26), 2(27), 2(28) and 2(29) of the MV Act. In these definitions, the words “transport vehicle” are neither used nor included and that is the ...have the licence to drive a particular kind of vehicle and it must contain endorsement for driving a transport vehicle. In this section, the words “light motor vehicle” are not recorded. Meaning thereby, this ...

...vehicle is so altered or prepared that it becomes apt for use for transporting goods, it can be stated that it is adapted for the carriage of goods. Applying the above test, we are of the view that ...motor vehicle” as defined in Section 2(21) of the MV Act? Whether transport vehicles are excluded from it?2. Whether “transport vehicle” and “omnibus...has extensively dealt with the meaning, application and interpretation of various provisions, including Sections 3(2), 4(3), 10(2) and 149 of the MV Act. In para 47 of ...

...gross vehicle weight of either of which or a motor car or tractor or road roller the unladen weight of any of which, does not exceed 7500 kilograms. Section 2(35) of ...2(14), 2(16), 2(17), 2(18), 2(22), 2(23) 2(24), 2(25), 2(26), 2(27), 2(28) and 2(29) of the MV Act. In these definitions, the words “transport vehicle” are neither used nor included and that is ...driver should have the licence to drive a particular kind of vehicle and it must contain endorsement for driving a transport vehicle. In this section, the words “light motor vehicle” are not recorded. Meaning there...

... above test, we are of the view that the tractor-trailer in the 2 present case falls under Section 2(14...transport vehicle within the meaning of Section 2 (47) of Motor Vehicles Act, 1988; that Section 3 of M.V. Act, 1988 clearly mandates that no such person shall drive a t...carriage' and a 'transport vehicle' within the meaning of Section 2 (47) of Motor Vehicles Act, 1988. Petitioner had the license to drive 'light motor vehicle' and not a transport vehicle...

...Advocate General for the State argues that the petitioner is found to be a resident of Andhra Pradesh, and he is using a local mobile phone connection. He avoided registration of the vehicle and payment ..., and Rule 96 of the Andhra Pradesh Motor Vehicles Rules, 1989 (the APMV Rules), the owner of a vehicle, not registered in Andhra Pradesh, is required to send information to the Registeri...repair of motor vehicles; or in the business of hypothecation, leasing or hire-purchase of motor vehicle. Sections 42 to 46 of the MV Act deal with the method, manner an...

...or road roller the unladen weight of any of which, does not exceed 7500 kilograms. Section 2(35) of the MV Act gives the definition ...(27), 2(28) and 2(29) of the MV Act. In these definitions, the words “transport vehicle” are neither used nor included and that is the reason, the definition of “transpo...vehicle and it must contain endorsement for driving a transport vehicle. In this section, the words “light motor vehicle” are not recorded. Meaning thereby, this section is to be read with the definition ...

...vehicles from the parent State to another State under Section 47 of the Motor Vehicles Act 1988 (for short, 'MV Act'). Under Section 47 of the...of a new registration 59 mark on removal to another State. Under sub-section (1) of Section 47, when a motor vehicle is re...rulemaking powers on those subjects. 13.1 Section 39 of the MV Act mandates the registration of a motor vehicle and without registration in accordance with...

...vehicles from the parent State to another State under Section 47 of the Motor Vehicles Act 1988 (for short, 'MV Act'). Under Section 47 of the...of a new registration 59 mark on removal to another State. Under sub-section (1) of Section 47, when a motor vehicle is re...rulemaking powers on those subjects. 13.1 Section 39 of the MV Act mandates the registration of a motor vehicle and without registration in accordance with...