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Old 9th July 2016, 20:34   #406
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

Today's The Hindu (Hyderabad Edition).

Waseem

Out-of-state cars can run on Karnataka roads for 1 year!-img20160709wa0037.jpg

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Old 9th July 2016, 23:48   #407
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

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Originally Posted by SILVERWOOD View Post
Rightfully the state government had erred. The High Court has given a good verdict. The state government had exceeded its jurisdiction to legislate, contravening the Sec 47 of the Motor Vehicles Act, 1988.

Section 47 (1) says that " When a motor vehicle registered in one State has been kept in another State for a period exceeding twelve months, the owner of the vehicle, shall within a period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority."

This is the salient point from the very long text of the Sec 47 of the Motor Vehicles Act, 1988, which is a Central Government Act passed by the Parliament. The State Government has no powers to override the Parliament.

The refunds as have been directed by the Court, will not be easy to come by from the State Government. In such case, the aggrieved persons can file a contempt petition after the lapse of the time period given for refunding the amounts illegally collected. The contempt petition needs to cite the period given to the government to execute such refunds and that the contemnors have failed to execute the High Court orders. The contempt will be by name against the Transport Commissioner and the respective RTO/s , if they err. That will settle things once for all.

The news also states about the State Government's plans maybe to approach a higher judicial forum. I think it can be challenged with costs, praying to the court to heavily fine the government servants personally, those who have decided to file an appeal wasting public money. This is because there is a contravention of the Central Act by the State Govt, which wants to delay refunds and harass and agonise the victims of such illegal taxation.

Last edited by anjan_c2007 : 9th July 2016 at 23:58.
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Old 12th July 2016, 18:57   #408
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

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The copy of the judgement is expected on Friday,8th July and it runs 134 pages.
I realised that Waseem forgot to upload the judgment copy; here is the un-certified version that I downloaded off the KA HC website. I just started reading it.

WA850-16-01-07-2016.pdf
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Old 14th July 2016, 00:02   #409
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

Dear Friends,

I have received the certified copy of the Judgement this evening.

Will scan and upload the copy tomorrow.

Waseem.....
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Old 15th July 2016, 11:22   #410
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

Dear Friends,

I am very happy to inform you all that we have hired an eminent lawyer having an excellent standing at the bar to defend our PIL.

He is Designated as a Senior Advocate by the Honorable Supreme Court and has impeccable track record.We will file the Caveat early next week.

Jai Hind.

Waseem

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Old 19th July 2016, 22:15   #411
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

Dear Friends,

PIL-1(W.P. No. 28605 – 09 / 2015 (V. Balamuruganathan and Ors. v State of Karnataka and Anr.) had come up this morning in Court Hall – 11 of the High Court of Karnataka, at Sl. No. 19 for the stage of ‘Preliminary Hearing’.

Our legal counsel appeared on behalf of us in the case and submitted that an order of dismissal had been passed by the Division Bench in the Writ Appeal numbered as W. A. No. 850 / 2016 and then filed a certified copy of the aforesaid order in Court. The Court was pleased to note their submissions and has accordingly disposed of the present matter in terms of the order in W. A. No. 850 / 2016.

We will circulate a certified copy of today’s order as soon as possible.

Jai Hind.

Waseem..
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Old 21st July 2016, 20:39   #412
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

People are still made to run from pillar to post to get their documents back.

The answer given is that we are planning to appeal in the Supreme Court and the matter is sub-judice.'

I tried speaking to these ''Law Abiding'' RTO officials and they told me that they did not receive ''Orders'' from their higher-ups to release the vehicles/docs.Probably, it is not mentioned in the judgement that the higher-ups should instruct the low rung officers to release the vehicles/docs.

They have no fear of law and 'power' has made them blind.

Where are the Vigilante citizens who were preaching ''Law of the land''concept.? Are they still on this thread.?

We all know the answers right!

Waseem
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Old 21st July 2016, 22:34   #413
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You actually cannot blame them, Waseem. Their so called higher ups never face the public. The low rung officials have to go by what they have been told or they will fall in trouble. Someone needs to file a contempt of court to take these high officials to task.
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Old 21st July 2016, 22:35   #414
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

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Originally Posted by SILVERWOOD View Post
People are still made to run from pillar to post to get their documents back.
...
I tried speaking to these ''Law Abiding'' RTO officials and they told me that they did not receive ''Orders'' from their higher-ups to release the vehicles/docs.Probably, it is not mentioned in the judgement that the higher-ups should instruct the low rung officers to release the vehicles/docs.

They have no fear of law and 'power' has made them blind.
So what if the government 'plans' to appeal against the judgment ? Till such time they file an appeal and the earlier judgment is stayed, the current judgment is still valid and not following amounts to contempt of court and is a punishable offense. This is my understanding from the very little that I know about court orders/judgements.
So, is there no way these RTO officials can be punished legally ?
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Old 22nd July 2016, 08:09   #415
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

Today's The Hindu and New Indian Express.

Waseem.
Attached Thumbnails
Out-of-state cars can run on Karnataka roads for 1 year!-ab.jpg  

Out-of-state cars can run on Karnataka roads for 1 year!-cm.jpg  

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Old 22nd July 2016, 12:23   #416
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

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Originally Posted by Altocumulus View Post
You actually cannot blame them, Waseem. Their so called higher ups never face the public. The low rung officials have to go by what they have been told or they will fall in trouble. Someone needs to file a contempt of court to take these high officials to task.
They are to be blamed and trust me i am not shooting in the dark as i have seen it from close quarters.

Tell me once reason why this amendment of 30 days was enforced to the hilt.?

Do you remember any such amendment/GO which was implemented with utmost dedication by our officials.?

Can you recall any such enforcement activity wherein officials in uniform had to involve touts in broad daylight.?

Waseem.
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Old 22nd July 2016, 12:28   #417
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

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Originally Posted by SILVERWOOD View Post
People are still made to run from pillar to post to get their documents back.

The answer given is that we are planning to appeal in the Supreme Court and the matter is sub-judice.'

I tried speaking to these ''Law Abiding'' RTO officials and they told me that they did not receive ''Orders'' from their higher-ups to release the vehicles/docs.Probably, it is not mentioned in the judgement that the higher-ups should instruct the low rung officers to release the vehicles/docs.

They have no fear of law and 'power' has made them blind.

Where are the Vigilante citizens who were preaching ''Law of the land''concept.? Are they still on this thread.?

We all know the answers right!

Waseem
I am not well versed in legal matters, but can't they be held in contempt of court? For not abiding by the court orders? Including their top officials who seem to have not sent the orders to these innocent officers?
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Old 22nd July 2016, 17:25   #418
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

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I am not well versed in legal matters, but can't they be held in contempt of court? For not abiding by the court orders? Including their top officials who seem to have not sent the orders to these innocent officers?
Don't make them look like they are innocent. I don't think these are the clerks that we are talking about. You will most probably working directly with RTOs or assistant/deputy RTOs. These people, if anything, are the opposite of innocence. They are just saying excuses to cause maximum trouble to out-of-state people.

When my car was held, I had to deal with them. I have seen the hatred and utter disregard that they had towards out of state guys. I was asked 'why don't you go back to your state' question numerous times. 'This is not (Kerala/TN/Andhra)' and 'you don't have any rights here' were the common theme/attitude.

I went with complete documents proving that I came a week back; even then he threw all the documents into the table and wouldn't listen. I had to pay my way up to get my car back. These are not innocent law abiding citizen we are talking about.
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Old 23rd July 2016, 01:08   #419
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

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Originally Posted by SILVERWOOD View Post
They are to be blamed and trust me i am not shooting in the dark as i have seen it from close quarters.

Tell me once reason why this amendment of 30 days was enforced to the hilt.?

Do you remember any such amendment/GO which was implemented with utmost dedication by our officials.?

Can you recall any such enforcement activity wherein officials in uniform had to involve touts in broad daylight.?

Waseem.
I do agree with you Waseem. What I am saying is that these guys are like the security guards in the offices in EGL. Even though they see me everyday, I have the sticker in my vehicles, they would still insist on seeing my ID card before opening the gate just because they have been told to by their superiors. What is required/not required/right/wrong doesn't matter to them nor are they 'allowed' to think about it. They will do what they are ordered. It's sad but true.

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Originally Posted by vjjustin View Post
Don't make them look like they are innocent. I don't think these are the clerks that we are talking about. You will most probably working directly with RTOs or assistant/deputy RTOs. These people, if anything, are the opposite of innocence. They are just saying excuses to cause maximum trouble to out-of-state people.

When my car was held, I had to deal with them. I have seen the hatred and utter disregard that they had towards out of state guys. I was asked 'why don't you go back to your state' question numerous times. 'This is not (Kerala/TN/Andhra)' and 'you don't have any rights here' were the common theme/attitude.

I went with complete documents proving that I came a week back; even then he threw all the documents into the table and wouldn't listen. I had to pay my way up to get my car back. These are not innocent law abiding citizen we are talking about.
What they donot realize is that without us migrants Bangalore wont be the same mega city. Without them the companies can't be filled up with just the localities, real estate and retail will crash, etc, etc.
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Old 23rd July 2016, 02:03   #420
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

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.......
What they donot realize is that without us migrants Bangalore wont be the same mega city. Without them the companies can't be filled up with just the localities, real estate and retail will crash, etc, etc.
Actually, this whole migrant angle is absurd to begin with.

We're citizens of this country first, and the Constitution gives us the right to move and live wherever we choose to within its defined boundaries, and the same rights are available to the so-called 'locals' should they wish to exercise it.

My parents are Kannadigas by birth, I was born in another state and brought up in multiple ones. My country's Constitution gives me the right to call any of these places (and even those I've never lived in) HOME, and no so called 'local' of any place can take away that right, unless they're willing to secede from the Indian Union and bar all non-citizens. Until that happens, I'll go wherever I wish in the country, abide by its laws and protest when I feel treated unjustly or support those who do, within the laws of the land. When the laws seem unjust, I'll take recourse to the right to seek justice accorded to me as a citizen. If the 'local' populace of any place I choose to reside in have an issue with that, well they need to change their mindset because guess what, I'm a 'local' too, a definition accorded to me by the Constitution of my country.

Last edited by Chetan_Rao : 23rd July 2016 at 02:06.
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