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1 - 10 of 11 (0.17 seconds)Section 112 in The Motor Vehicles Act, 1988 [Entire Act]
Section 42 in The Motor Vehicles Act, 1988 [Entire Act]
Section 72 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Uma Shanker Tewary And Anr. vs Rex on 6 October, 1949
Hence the cases reported in Kadir Mohideen v. Emperor, AIR 1935 Mad 577; Uma Shanker v. Rex, AIR 1950 All 234 and R. B. Lally v. State, AIR 1955 All 618 are clearly distinguishable. They do not lay down any rule that the necessary mens rea is not required for the prosecution of the owner under section 123 of the Motor Vehicles Act.
Section 23 in The Motor Vehicles Act, 1988 [Entire Act]
Kadir Mohideen Sahib vs Emperor on 11 February, 1935
Hence the cases reported in Kadir Mohideen v. Emperor, AIR 1935 Mad 577; Uma Shanker v. Rex, AIR 1950 All 234 and R. B. Lally v. State, AIR 1955 All 618 are clearly distinguishable. They do not lay down any rule that the necessary mens rea is not required for the prosecution of the owner under section 123 of the Motor Vehicles Act.
Varaj Lall vs Emperor on 15 April, 1924
8. Judicial authority is overwhelmingly in favour of such a view. As early as 1924, the Calcutta High Court in Varaj Lall v. Emperor AIR 1924 Cal. 985 while construing the corresponding provisions of the Motor Vehicles Act 1914 pointed out,
"Where a particular intent or state of mind is not of the essence of the offence, a master can be criminally liable for the servant's acts if the act is expressly prohibited, but not otherwise; and he cannot be so made liable if the act provides for liability for permitting and causing a certain thing unless it can be shown that the act was done with the master's knowledge and assent express or implied".
Bucha Lal vs Rex on 8 July, 1948
In Bucha Lal v. Rex, AIR 1949 All. 11 that High Court refused to draw any presumption against the owner under Sub-section (4) of Section 72 of the Motor Vehicles Act, where the prosecution was in respect of contravention of clause (b) of subsection (3) of that Section.