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1 - 8 of 8 (1.39 seconds)Section 66 in The Motor Vehicles Act, 1988 [Entire Act]
Section 207 in The Motor Vehicles Act, 1988 [Entire Act]
Section 39 in The Motor Vehicles Act, 1988 [Entire Act]
Section 3 in The Motor Vehicles Act, 1988 [Entire Act]
Section 4 in The Motor Vehicles Act, 1988 [Entire Act]
State Of Maharashtra And Ors vs Nanded Parbhani Z.L.B.M.V., Operator ... on 21 January, 2000
8. The interpretation of contravention of condition of permit
envisaged under Section 66 of the Act and the contravention of
condition of permit with respect to the purpose for which the
vehicle may be used came up for consideration before the
MAC. APP. No.430/2010 Page 7 of 11
Supreme Court in State of Maharastra and Ors. v. Nanded-
Parebhani Z.L.B.M.V. Operator Sangh (2000) 2 SCC 69 albeit
in a different context. In the said case, the police had seized
certain vehicles for carrying passengers in excess of the
numbers permitted by the condition of permit issued by the
Transport Authority. The action was challenged by the
Association of Transporters by virtue of a writ petition before
the Aurangabad Bench of Bombay High Court. The High Court
analyzed the different provisions of the Motor Vehicles Act,
1988 and the Rules framed thereunder and on consideration of
the same came to the conclusion that it is not each and every
violation of the condition of the permit which would authorize
the seizure and detention of the vehicle under Section 207 (1) of
the Act. It was held that it was only when the condition of
permit relating to the route on which or the area in which or the
purpose for which the vehicle was used, is violated, the vehicle
could be seized by the Authorities. The Appeal filed by the
State of Maharastra was dismissed by the Supreme Court. The
contention raised on behalf of the State of Maharastra that
carrying passengers more than prescribed by the permit could
be construed to be violation, was rejected.
Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
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