Kerala Abkari Act | Rented Vehicle Put To Illegal Use Without Owner's Knowledge Or Active Involvement Ought To Not Be Confiscated: High Court
1 year, 2 months ago

Kerala Abkari Act | Rented Vehicle Put To Illegal Use Without Owner's Knowledge Or Active Involvement Ought To Not Be Confiscated: High Court

Live Law  

The Kerala High Court has laid down that a vehicle which was taken on rental basis, and which was subsequently put to use for illegal purposes, cannot be confiscated when the registered owner of the vehicle had no knowledge of the offence, nor had any active involvement in such act. Once it is indicated from the materials furnished by the writ petitioner that the owner of the vehicle is devoid of any knowledge or that he has connived with the persons who actually were evidenced as illegally transporting any contraband for the sole reason that the vehicle is involved in the offence, he cannot be penalised by ordering to confiscate his vehicle," Justice Mary Joseph observed. Although the petitioner had filed a written representation before the Deputy Excise Commissioner with the vehicular documents and documents pertaining to the rental agreement, the latter issued him a notice to show cause why the vehicle ought not to be confiscated. No.78/2021 of Vadakara Police Station and in the legal backdrop, this Court finds every justification in taking a view that the writ petitioner has no involvement in the offensive acts in the crime and also that necessary precautions have been taken by him while causing the accused in the crime to sign the rental agreement and thereby subjecting him to abide by the terms and conditions appended thereto," the Court observed, while allowing the plea.

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History of this topic

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

Vehicle Attached Under BUDS Act Can Be Auctioned Before Trial, Priority Is To Distribute Proceeds Among Victims Of Offense: Kerala High Court
5 months ago

Vehicle Attached Under BUDS Act Can Be Auctioned Before Trial, Priority Is To Distribute Proceeds Among Victims Of Offense: Kerala High Court

Live Law  

The Kerala High Court held that to auction a vehicle attached under Banning of Unregulated Deposit Schemes Act, the competent authorities need not wait till the end of the trial. The Court held that the scheme of BUDS Act is to give priority to realise assets in the custody of accused and distribute the proceeds among the victim of the …

Kerala court convicts man for allowing his minor brother ride motorbike
1 year, 5 months ago

Kerala court convicts man for allowing his minor brother ride motorbike

India Today  

A Kerala court sentenced a man simple imprisonment -- which was valid till the court proceedings wrapped up for a day -- for allowing his minor brother to drive a motorcycle. The man was convicted after a complaint was filed by Assistant Motor Vehicles Inspector, Regional Transport Office, Kakkanad. The complainant demanded that the man be charged with offences punishable …

S.166 MV Act | Compensation Can Be Granted Even When Accident Is Caused By ‘Standing Vehicle’: Orissa High Court
1 year, 7 months ago

S.166 MV Act | Compensation Can Be Granted Even When Accident Is Caused By ‘Standing Vehicle’: Orissa High Court

Live Law  

The Orissa High Court has recently reiterated that the expression “use of motor vehicles” employed under Section 165 of the Motor Vehicles Act includes accident caused by the offending vehicle when it is not moving and is in static/standing position. While setting aside a contrary order of the Motor Vehicle Claims Tribunal, a Single Bench of Justice Bibhu Prasad Routray …

Section 113 (3) Motor Vehicles Act | Owners Also Liable When Vehicle Driven With Excess Weight: Kerala High Court
1 year, 11 months ago

Section 113 (3) Motor Vehicles Act | Owners Also Liable When Vehicle Driven With Excess Weight: Kerala High Court

Live Law  

The Kerala High Court on Friday observed that owners of the vehicles are also liable to be prosecuted under Section 113 of the Motor Vehicles Act, 1988 in case they have permitted the vehicle to be driven with excess weight. Section 194 of the Motor Vehicles Act, the court said the complaints raise specific allegations against the registered owners of …

When Drug Was Recovered On Driver's Body Search, It Can't Be Held That Vehicle Was Used For Conveying Contraband : Kerala High Court
2 years ago

When Drug Was Recovered On Driver's Body Search, It Can't Be Held That Vehicle Was Used For Conveying Contraband : Kerala High Court

Live Law  

The Kerala High Court Monday considered the legal question that whether in a case of recovery of contraband on driver's body search, it would be fair to hold that the vehicle also had been used for the purpose of conveying the contraband.Justice A. Badharudeen said when contraband is recovered on search of a person, who is driving the vehicle alone, …

Requirement To Intimate Transfer Of Vehicle To Insurance Company U/S 157(2) MV Act Only Directory: Kerala High Court
2 years, 1 month 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 …

S.149 MV Act | Vehicle Owner Not Liable If He Was Of Bona Fide Belief Regarding Genuineness Of Driver's License: Kerala High Court
2 years, 3 months ago

S.149 MV Act | Vehicle Owner Not Liable If He Was Of Bona Fide Belief Regarding Genuineness Of Driver's License: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that when the owner of a vehicle is satisfied that the driver has a license and is driving competently, there would be no breach of Section 149 of the Motor Vehicles Act, and hence the Insurance Company would not be absolved from their liability to compensate the victim.Justice Sophy Thomas, while holding so, …

Owners & Manufacturers Liable For Illegal Modification Of Vehicles; Not Shopkeepers: Kerala High Court Opines Prima Facie
2 years, 3 months ago

Owners & Manufacturers Liable For Illegal Modification Of Vehicles; Not Shopkeepers: Kerala High Court Opines Prima Facie

Live Law  

The Kerala High Court recently held that as per the provisions of the Motor Vehicles Act and the Central Motor Vehicle Rules, the liability for alteration of vehicles is on the owner or manufacturer of the vehicle and not on the shopkeeper.Justice Amit Rawal, while holding so, observed that in the instant case, the notices issued by the Road Transport …

Claiming Adverse Possession After Encroachment Into Public Road Not Admissible: Kerala High Court
2 years, 9 months ago

Claiming Adverse Possession After Encroachment Into Public Road Not Admissible: Kerala High Court

Live Law  

The Kerala High Court has ruled that a petitioner claiming the right of adverse possession after encroaching into a public road cannot be treated as a usual plea of adverse possession. Holding so, Justice A. Badharudeen dismissed a petition filed under Article 227 of the Constitution of India seeking title over property by adverse possession when the petitioners had failed …

Abkari Act| Notice Of Confiscation Proceedings Need Not Be Served Upon Person From Whom Property Is Seized If Already Issued To Its Owner: Kerala HC
2 years, 10 months ago

Abkari Act| Notice Of Confiscation Proceedings Need Not Be Served Upon Person From Whom Property Is Seized If Already Issued To Its Owner: Kerala HC

Live Law  

The Kerala High Court recently held that the authorised officer exercising power under Section 67B of the Abkari Act need not issue a notice of confiscation proceedings to the person from whom the property has been seized before ordering the confiscation if he is not the owner of the property.A Division Bench of Justice P.B Suresh Kumar and Justice C.S …

No Person Supposed To Share Seat Of Driver In 3-Wheeler Goods Carriage : Kerala High Court
3 years, 1 month ago

No Person Supposed To Share Seat Of Driver In 3-Wheeler Goods Carriage : Kerala High Court

Live Law  

The Kerala High Court last week held that in a three-wheeler goods carriage, no other person whether a passenger or as an owner of the vehicle is supposed to share the seat of the driver and any such action is a violation of the insurance policy conditions.Justice A. Badharudeen thus set-aside the liability fastened on the insurance company by the …

Kerala High Court Directs Motor Vehicle Department To Furnish Action Taken On Its Directions On Road Safety
3 years, 1 month 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 …

E-Way Bill Not Required For Transportation Of Used Personal Vehicle : Kerala High Court
3 years, 4 months ago

E-Way Bill Not Required For Transportation Of Used Personal Vehicle : Kerala High Court

Live Law  

The Kerala High Court while dismissing an appeal ruled that used personal cars are exempted from the requirement of an e-way bill under Rule 138 of the Kerala Goods and Services Tax Rules, 2017. A Division Bench of Justice S.V Bhatti and Justice Bechu Kurian Thomas accordingly upheld the decision of the Single Judge that allowed a petition challenging the …

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