RTO Has Discretion To Reject Application For Permit Replacement If Proposed Vehicle Is Older Than The Existing One: Supreme Court Upholds Rule 174(2)(c) of Kerala Motor Vehicle Rules
3 years, 1 month ago

RTO Has Discretion To Reject Application For Permit Replacement If Proposed Vehicle Is Older Than The Existing One: Supreme Court Upholds Rule 174(2)(c) of Kerala Motor Vehicle Rules

Live Law  

The Supreme Court upheld Rule 174 of Kerala Motor Vehicle Rules,1989 which enables the road transport authority to reject an application for replacement if the proposed vehicle is older than the one covered under the existing permit.The court observed that under this Rule, the Authority can apply discretion, wherever necessary, while exercising the power to grant replacement of a. Motor Vehicles Act, 1988 - Section 83 - Kerala Motor Vehicle Rules,1989 - Rule 174 - The purpose and object of mandating replacement by a vehicle of the same nature in Section 83 is only to ensure that the scrutiny and the conditions that were undertaken and imposed at the time of the grant continue even during the subsistence of the permit Rule 174 is intended to ensure that the conditions under which a transport permit is granted is not diluted when the vehicle covered by the permit is sought to be replaced by a new vehicle. Motor Vehicles Act, 1988 - Section 56, 59 and 83 - Kerala Motor Vehicle Rules,1989 - Rule 174 - Rule 174 made by the State Government to enable replacement of the vehicle under a Transport permit, does not impinge upon the powers of the Central Government with respect to fixation of the age of the vehicle, or fitness of the vehicle conferred upon it under Sections 56 and 59 in Chapter IV. Motor Vehicles Act, 1988 - Section 83 - Kerala Motor Vehicle Rules,1989 - Rule 174 - The vehicle which the Authority may not approve for replacement under section 83 on the ground that it is older than the vehicle covered under the permit, can be used as a transport vehicle within the State.

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History of this topic

To Check If Special Rules Violate State & Subordinate Service Rules, It Needs To Be Seen If Both Can Co-Exist Without Colliding: Kerala HC
2 days, 20 hours ago

To Check If Special Rules Violate State & Subordinate Service Rules, It Needs To Be Seen If Both Can Co-Exist Without Colliding: Kerala HC

Live Law  

The Kerala High Court observed that to see whether special rules of a service are repugnant to the general provisions of the Kerala State & Subordinate Service Rules, it has to be checked whether both provisions can co-exist in a given situation without going into a collision course. In order to consider whether a provision in the Special Rules applicable …

Person Residing Or Having Business In Kerala Can Get His Motor Vehicle Registered At Any RTO Within State: High Court
4 months, 1 week ago

Person Residing Or Having Business In Kerala Can Get His Motor Vehicle Registered At Any RTO Within State: High Court

Live Law  

The Kerala High Court has held that a person residing in a state can register his vehicle by any registering authority within the state, irrespective of his place of residence or business within the state, as per Section 40 of the Motor Vehicles Act of 2019. The Counsel for Petitioner submitted as per Section 40 of the Motor Vehicles Act …

KSRTC Moves Kerala High Court Challenging All India Tourist Permit Buses Operating As Stage Carriages
1 year, 4 months ago

KSRTC Moves Kerala High Court Challenging All India Tourist Permit Buses Operating As Stage Carriages

Live Law  

The Kerala High Court on Monday considered a petition filed by the Kerala State Road Transport Corporation seeking measures to restrict the operation of All India Tourist Permit vehicles through the nationalized routes and scheme covered ROUTES formulated under the Motor Vehicles Act, 1988. The petitioner contended that although the Rules unequivocally define a tourist vehicle as a contract carriage, …

Requirement To Intimate Transfer Of Vehicle To Insurance Company U/S 157(2) MV Act Only Directory: Kerala High Court
2 years, 4 months ago

Requirement To Intimate Transfer Of Vehicle To Insurance Company U/S 157(2) MV Act Only Directory: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that the stipulation under Section 157 of the Motor Vehicles Act, 1988 to intimate about the transfer of a vehicle to the Insurance Company within a period of 14 days of such transfer is only directory in nature, and not mandatory.Justice Ziyad Rahman A. The Kerala High Court on Thursday held that the …

Kerala High Court Directs Motor Vehicle Department To Furnish Action Taken On Its Directions On Road Safety
3 years, 4 months ago

Kerala High Court Directs Motor Vehicle Department To Furnish Action Taken On Its Directions On Road Safety

Live Law  

The Kerala High Court recently made an attempt to reinforce the Rules and directions in place for road safety by directing the concerned officers to take necessary steps and ensure that no motor vehicle ply in any public place violating the statutory provisions.Justice Anil K. Narendran accordingly directed the Transport Commissioner, the Deputy Transport Commissioner and the Regional. The Kerala …

Pendency Of Application For Permanent Permit Not A Ground To Get Temporary Permit: Kerala HC
7 years, 8 months ago

Pendency Of Application For Permanent Permit Not A Ground To Get Temporary Permit: Kerala HC

Live Law  

The Kerala High Court has clarified that merely because an application for permanent permit is pending consideration, temporary permit cannot be granted.In the instant case, an application was made by a bus operator before the Secretary of the Regional Transport Authority for grant of temporary permit for the route on the ground that having made an application for permanent permit, …

High Court of Kerala directs stringent action against customized modification of vehicles [Read Judgment]
9 years ago

High Court of Kerala directs stringent action against customized modification of vehicles [Read Judgment]

Live Law  

The High Court of Kerala in Francis M.C v State of Kerala and Others, has directed the State transport department and State police machinery to take stringent action against those persons who ply motor vehicles with customized modifications in violation of motor vehicle act/rules. The inspector had intercepted the motor cycle of the petitioner on 18-02-16, after the motor cycle …

High Court of Kerala directs stringent action against customized modification of vehicles [Read Judgment]
9 years ago

High Court of Kerala directs stringent action against customized modification of vehicles [Read Judgment]

Live Law  

The High Court of Kerala in Francis M.C v State of Kerala and Others, has directed the State transport department and State police machinery to take stringent action against those persons who ply motor vehicles with customized modifications in violation of motor vehicle act/rules. The inspector had intercepted the motor cycle of the petitioner on 18-02-16, after the motor cycle …

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