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1 - 10 of 11 (0.22 seconds)Section 2 in The Motor Vehicles Act, 1988 [Entire Act]
Section 4 in The Motor Vehicles Act, 1988 [Entire Act]
Section 66 in The Motor Vehicles Act, 1988 [Entire Act]
Section 457 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 39 in The Motor Vehicles Act, 1988 [Entire Act]
Section 3 in The Motor Vehicles Act, 1988 [Entire Act]
Smt. Sudha Kesarwani vs State Of U.P. And Others on 19 October, 2010
The learned counsel for the revisionist has questioned the validity of the aforesaid order dated 23.1.2014 by arguing that the learned Chief Judicial Magistrate has passed the order in a cursory manner and has illegally rejected the application moved by the revisionist for release of his tractor merely on the ground that as no complaint has been filed in the court regarding the offence, therefore he has no jurisdiction to take cognizance in the matter. Learned counsel for the revisionist has contended that the Magistrate was fully competent and empowered to release the vehicle even if the complaint was not filed, in view of Section 457 Cr.P.C. In this regard learned counsel for the revisionist has relied upon a judgment of this Court passed by the Hon'ble Single Judge in case of Smt. Sudha Kesarwani Vs. State of U.P. and others reported in 2011(1) ADJ 498.
Mazhar Ali Khan vs Chief Judicial Magistrate, Fatehpur ... on 8 March, 1995
A Division Bench of this Court in the case of Phool Chandra Vs. Assistant Regional Transport Officer, Banda and others has held that where a vehicle was seized by the Transport Authority under Section 207 of the Act, the registered owner or the person incharge of the vehicle, could move application for release of the vehicle either under Section 207 (2) of the Act before the Transport Authority or the Officer authorized by the State Government in this behalf or under Section 457 of the Code but in the case of Mazhar Ali Khan Vs. Chief Judicial Magistrate and Others; 1995(2)AWC 849 (DB) decided by Division Bench of this Court, it had been specifically held that where a vehicle is sized by Transport Authority under Section 207 of the Act, only transport Authority or any Officer authorized by the State Government in this behalf has power to release the vehicle. The relevant observation of the court finds place in para 4 of the judgment which is being reproduced below:
Deoraj Singh vs State Of U.P. on 9 July, 2010
In the case of Deoraj Singh Vs. State of U.P. [2010 (69) ACC 259], this court relying on earlier case laws cited therein has laid down the same principle of law as laid down in the above cited case. The relevant observation of the Hon'ble Court finds place in para 10 of the judgment which is being extracted below: