post of Conductors
and also the Conductors Licence including the Badge (inadvertently
mentioned as Batch in the Judgment), was challenged as illegal and
the learned ... agreed not to debar
any candidate for want of batch, (Sic! Badge under
Rule 3.15 of the Rajasthan Motor Vehicles
Rules,1990) till it becomes
requiring driver of the vehicle to be specifically authorised by way of badge as required by rules and regulations. Further contention was that since ... Respondent was not holding a badge, the terms and conditions of the policy and the corresponding stipulations of the Motor Vehicles Act have been violated
this case and are as under:-
"290. AWARD OF GOOD CONDUCT BADGE -
GOOD CONDUCT BADGE shall not be
awarded or restored as a matter ... regulation (1) of regulation 294
and is deserving of the award a
badge shall be conferred, when due,
under provisions of this
regulation. The maximum
because driver who was driving a commercial vehicle was not having a badge? Learned single Judge noticed two divergent views expressed by a Division Bench ... Division Bench of this Court held that requirement of driver's badge is necessary to drive a transport vehicle and if the driver
which Shankar belonged). The supporters of the appellant raised slogans and displayed badges containing the words to the effect the respondent and other Telugu Desam ... respondent's chances. He denied the printing and publishing of badges.
5. The Returning Officer, the sixth respondent in the election petition, filed
Jisha K.P. And others ), that mere absence
of 'badge' by driver of a transport vehicle is not sufficient to
exonerate the insurer ... liability to pay compensation to
the claimant and that absence of 'badge is not a fundamental
breach of the statutory/policy condition to enable
present in the case which have always been looked upon as 'badges of fraud'. Learned counsel has referred to Twyne's case ... nine circumstances pointed out in that decision as 'badges of fraud' which has been quoted by Kerr in his book 'Fraud
bearing number 803/88-89, he did not have P.S. V. Badge and as such was not authorised to drive any public service vehicle ... endorsement that he was authorised to drive transport vehicle, nor any PSV Badge number had been issued. Opposite parties I to 8 have filed
Office that the driver of the jeep did not obtain badge from RTA and without the badge, he cannot drive the passenger vehicle ... Rules, 1964, he must wear a Driver's Badge to drive a public vehicle, issued from a Competent Authority. Since the controversy revolves round
owner on the ground that the driver did not have a "badge" on the date of the accident is the issue next ... strength of the driving licence, found that though there was no badge, the driver had an effective driving licence to drive a light motor vehicle
