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1993 Supreme(Kar) 244

S.B.MAJMUDAR, S.VENKATARAMAN
STATE OF KARNATAKA – Appellant
Versus
MOHAMMED ILLYAS – Respondent


Advocates:
M.S.SHIVAPRAKASH

S. B. MAJMUDAR, C. J.

( 1 ) THESE writ appeals and writ petitions project a common question centering round the powers of the authorities functioning under the Motor Vehicles Act, 1939 and Motor vehicles Act, 1988 in so far as they seek to compound the offences under Section 127-B of the Motor Vehicles Act, 1939 analogous to Section 200 of the 1988 Act. They further project a question as to under what circumstances the concerned motor vehicles plying under tourist vehicle permits issued under the aforesaid Acts can be seized and detained by those authorities in exercise of their powers under Section 129-B of the 1939 Act or under Section 207 of the 1988 Act. Writ Appeals 1132-1183 of 1993 are taken out by the State of Karnataka being aggrieved by the common judgment rendered by Swami, J. , (as he then was) in number of writ petitions. This judgment of Swami, J. , is reported in the case of Mohammed Illyas and Others v Union of india and Others. W. A. Nos. 1083-1127 of 1992 challenge another common order of Swami, J. , dated 12-12-1990 in a batch of writ petitions following the decision in Mohammed Illyas case, (supra ). While Writ Appeal Nos. 3050-3054 of 1991 are also filed by the
























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