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Old 8th August 2016, 07:52   #436
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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 Lobogris View Post
Isn't the burden of proof on the authorities if they allege that a person has been in the state for over a year? Couldn't a tourist simply show his out of town licence or at the most his hotel reservation on his phone?
You are right. I had posted how this burden of proof shifts earlier in this thread:

https://www.team-bhp.com/forum/india...ml#post3944556

Without a reasonable suspicion, the RTO should not be able to do a thing. Unfortunately during the days this particular amendment was implemented in Bangalore the RTO indiscriminately stopped vehicles and started demanding LTT from them. The KA High Court rightly put a stop to that practice.

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AFAIK traffic cops can stop any vehicle even in the absence of any rules violation for two primary reasons, one, to check if all proper documents are present, and second, whether driver is under influence. Hence, if traffic cops do stop your vehicle, you cannot contest the decision.
If I recall correctly, stopping a vehicle and checking is the prerogative of officers above a certain rank. The average beat cop (the one who manages junctions and signals etc.) doesn't have such powers. In India it is a valid argument - one that has been employed successfully several times in the past - that the official taking a particular action is not authorized to do so and hence all his findings should be invalidated.
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Old 8th August 2016, 08:14   #437
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

Folks, with all the action in courts and behind the scenes, what is the situation on the streets? Are they still going after out-of-state cars or has that been halted for now?
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Old 8th August 2016, 08:58   #438
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

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Folks, with all the action in courts and behind the scenes, what is the situation on the streets? Are they still going after out-of-state cars or has that been halted for now?
Of course not. That would be contempt of court - something the present KA ruling dispensation, in trouble within and without, can ill-afford at this juncture.
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Old 15th October 2016, 20:17   #439
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

Dear Friends,

Govt Of Karnataka has not filed Special Leave Petition(SLP) in the Honorable Supreme Court.

SLP can be filed against any judgment of High Court within 90 days from the date of judgement.We had filed Caveat on August 4th which is valid for 90 days as well.We will again file a caveat after 2 weeks because our Legal Counsel is very sure that Govt Of Karnataka will file SLP in couple of months from now.

The Honorable Supreme Court generally accepts SLP filed by a state after 90 days as well.

Jai Hind.

Waseem
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Old 15th October 2016, 21:39   #440
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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
...Govt Of Karnataka has not filed Special Leave Petition(SLP) in the Honorable Supreme Court.

...The Honorable Supreme Court generally accepts SLP filed by a state after 90 days as well....
Thanks for the update; was wondering waht's happening on this. So the funda is to delay the process as much as they can so that they can hold on to the vehicles and the owners for ransom.

Such a pathetic move; they wanted the owners to pay the tax at the time of confiscation, but have no respect for the common people's money & time.
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Old 11th November 2016, 08:02   #441
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

The Hindu. (Trivandrum Edition)

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

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Old 11th November 2016, 08:44   #442
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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
The Hindu. (Trivandrum Edition)

Waseem.
Pardon my ignorance. Is this just a recommendation and will take its own sweet time to come into practice?
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Old 11th November 2016, 09:04   #443
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

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Pardon my ignorance. Is this just a recommendation and will take its own sweet time to come into practice?
It very clearly states that the GoM has "recommended that there should be no subsequent tax" on re-registration based on certain criteria. So yes, it is a recommendation.

I can't find this GoM's terms of reference (I was under the impression they were to look into ways of increasing road safety), but assuming what they suggest now is something they are empowered to look into, there will be a report, then the MoRTH will draft legislation (assuming legislation is needed), all the time consulting other affected ministries (finance, home etc.) and in this case, even states, then the draft will come up in the parliament, lok sabha first, where the opposition will object to various clauses, it will be referred to a committee, said committee will deliberate, invite experts to testify and eventually make changes, it will be presented again in lok sabha, assuming it passes it will go to rajya sabha where the ruling dispensation has no majority so again it will be objected to, yet another committee, finally it will clear both houses, then the government will get down to the task of creating rules to support the act, get the rules also signed off from finance, home etc. ministries and the states, and finally there will be a gazette notification. Then it becomes the law - assuming nobody questions it in the court.

Phew! :-)
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Old 25th November 2016, 10:59   #444
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Default Re: Out-of-state cars can run on Karnataka roads for 1 year!

Dear Friends,

We have filed another Caveat yesterday in the Honorable Supreme court to defend the judgement.

I will keep you all updated on the same.

Waseem.
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