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Preparation of All India Bar Examination:
The Bar Council of India has announced AIBE VIII dates, examination will be held tentatively on 15h March, 2015 and the registration for the same has already started. You log on the following link to register http://www.allindiabarexamination.com/
To help students prepare, following is the AIBE VII question paper.
TRAFFIC VIOLATIONS AND THEIR PENALTIES IN PUNE
(Sourced from: http://punetrafficpolice.gov.in/index.php/en/traffic-rules/offence-and-fine.html)
You can download the pdf file from the following link:TRAFFIC VIOLATIONS AND THEIR PENALTIES IN PUNE
|Offence About Document||Fine Amount Rs.|
|Found driving motor vehicle without effective driving licence||300/-|
|Owner or person who allows unauthorized person to drive motor
|Person under the age of 16 found driving motor vehicle without
effective driving licence
|Owner or person who allows unauthorized person to drive motor
vehicles who is under the age of 16
|Found driving motor vehicle In Public Place a Person Who Is
Disqualified For Holding Or Obtaining Driving Licence.
|A Person Who Is Disqualified For Holding Or Obtaining conducter
Licence, act as a conductor of a stage carriage In a Public Place etc
|Found driving unregistered motor vehicle in a public place||300/-|
|Allows to drive unregistered motor vehicle in a public place.||300/-|
|Found driving motor vehicle in public place without carrying driving licence||100/-|
|conductor of motor vehicle in public place without carrying licence||100/|
|Found driving motor vehicle in public place without carrying
certificate of insurance, registration certificate and in case of transport vehicle fitness certificate
|Found driving or allows to drive uninsured motor vehicle in a public place.||600/-|
|person having learning licence Found driving motor vehicle
without L board in a public place.
|person whoever sale / alteration of motor vehicle without a valid
|Offence About Number Plate||Fine Amount Rs.|
|Found driving motor vehicle without valid dimensions of letter and number of the registration marks (fancy number plate)||100/|
|Found driving motor vehicle without visibility of the registration marks OR without number plate.||100/|
|Offence About Driving||Fine Amount Rs.|
|Found driving motor vehicle in public place without wearing
headguard or helmet
|Found driving motor vehicle in public place A person while using
mobile phone .
|Found driving motor vehicle in public place without using seatbelt||100/|
|Found driving motor vehicle in public place in reverse direction ( no entry )||100/|
|Found driving 2 wheeler motor vehicle carrying more than one pillion (triple seat)||100/|
|Found driving motor vehicle in reverse direction without taking
|Found driving motor vehicle and allow to seat or to place anything which causes obstruction to him while driving.||100/|
|Found driving or allowed using vehicle with contravention of
condition of permit related to route, area and purpose ( clandestine)
|Found driving motor cab carrying excess passenger than seating
capacity specified in Registration Certificate of vehicle.
|Found driving motor vehicle in public place disobey the mandatory
traffic sign of u turn ban.
|Found driving motor vehicle in public place turning his vehicle
without giving direction
|Found driving motor vehicle dangerously by not giving slow down
signal at junction / Zebra / corner etc.
|Driver or incharge of motor vehicle carried a person on running
board outside vehicle.
|Found driving motor vehicle in public place disobey the mandatory
traffic sign or signal.
|Found driving motor vehicle in public place by physically or mentally unfit person.||100/-|
|Found driving motor vehicle in public place overtaking another
vehicle from left side.
|Found driving motor vehicle in public place with out proper slow down signal||100/|
|Driver fail to show give way signal on entering non signalised
|Driver fail to show hand signal while driving motor vehicle.||100/|
|Found driving motor vehicle in public place cutting lane||100/|
|Found driving motor vehicle in public place on wrong side while
passing another vehicle
|Driver obstruct another vehicle for overtaking while driving motor
|Driver dangerously overtaking another vehicle while driving motor
|Found driving motor vehicle with yellow line violation||100/|
|Found driving motor vehicle with stop line violation.||100/|
|Offence About Lamp||Fine Amount Rs.|
|Found driving motor vehicle with dazzling light that danger to any person.||100/|
|Found driving motor vehicle without light after sunset and when there is no sufficient light at any time.||100/|
|Found driving motor vehicle without parking light.||100/|
|Found driving motor vehicle with load or other things which interrupt visibility of lamp or registration mark of vehicle.||100/|
|Found driving motor vehicle without indicator light||100/|
|Found driving motor vehicle without stop light / break light.||100/|
|Found driving goods motor vehicle without reflector on vehicle at
|Offence About Horn||Fine Amount Rs.|
|Driver sound the horn in restricted silence zone.||100/|
|Driver sound the horn needlessly or continuously or beyond
|Driver fitted multitone horn for his vehicle which giving unduly
harsh, shrill, loud or alarming noise.
|A person drive or allows to drive motor vehicle in any public place which violates the standards prescribed in relation to control of noise pollution.||1000/-|
|A person drive or allows to drive motor vehicle in any public place
which violates the standards prescribed in relation to control of air pollution.
|Offence About Signal||Fine Amount Rs.|
|Driver of motor vehicle disobey the direction given by signal or by police officer or any authorized person manually.||100/|
|Driver of motor vehicle violate traffic control signal given by police
officer in uniform
|Violated the Traffic signal||100/|
|Offence About Over speed, Rash Driving||Fine Amount Rs.|
|Driver of motor vehicle without written permission of Government takes part in a race /trial of speed in any public place||300/-|
|Found driving motor vehicle in any public place which violates the speed limit||200/-|
|A person who allows to drive motor vehicle in any public place which violates the speed limit||200/-|
|Found driving motor vehicle at speed or in a manner which is dangerous to public (rash driving)||500/-|
|A person Found driving motor vehicle or allows to drive motor vehicle in any public place which violates the standards prescribed in relation to road safety.(unsafe vehicle drive on road)||1000/-|
|A person Found driving motor vehicle or allows to drive motor vehicle in any public place which carrying goods which are of dangerous/ hazardous nature to human life. (dangerous transportation of goods)||court|
|A person Found driving motor vehicle or allows to drive motor vehicle in any public place which is loaded beyond body of vehicle .(transportation of goods with open falka)||100/|
|unsafe – goods transportation||100/|
|Offence About Towing||Fine Amount Rs.|
|Found driving motor vehicle towing another vehicle dangerously||100/-|
What documents should a driver carry when driving?
Driving license / Registration certificate
Emission Test Certificate
Fitness Certificate & Permit (incase of transport vehicles)
Who is authorized to collect the traffic fine on the spot?
Any traffic branch officer of and above the rank of Head Constable of Police duly authorized with a receipt book.
If I don’t have money to pay fine, what is the procedure?
As per Sec.206 (2) of M.V.Act, 1988, if you decide not to pay spot fine, you will be issued a notice with instructions to appear in the court within a week. However, as security your DL in original will be kept in Police custody under acknowledgement.
What is the rule regarding seat belts? Is it binding using seat belts while driving in interior areas or bylanes?
The driver and the person seated in the front seat must wear the seat belts while vehicle is in motion ( U/S 138 CMVR r/w 177 MVA).
What is the rule for use of mobile phone?
As per section 250 (A) MMVR, r/w 177 M.V.Act, no driver while driving or riding a motor vehicle (including two wheelers) shall use a mobile phone.
Can my license be suspended if I am caught talking on the mobile phone while driving?
Yes. Under sec 21(25) of CMVR read with 19(1) f MVACT, your license can be suspended.
Motor Vehicles Act, 1988
19. Power of licensing authority to disqualify from holding a drivinglicence or revoke such licence.
- If a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he–
- is a habitual criminal or a habitual drunkard; or
- is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the; (61 of 1985.) or
- is using or has used a motor vehicle in the commission of a cognizable offence; or
- has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or
- has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation; or
- has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or
- has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) of or
- being a person under the age of eighteen years who has been granted a learner’s licence or a driving licence with the consent in writing of the person having the care of the holder of the licence and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order-
- disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence; or
- revoke any such licence.
- Where an order under sub-section (1) is made, the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall,–
- if the driving licence is a driving licence issued under this Act, keep it until the disqualification has expired or has been removed; or
- if it is not a driving licence issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued; or
- in the case of revocation of any licence, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that licence:
Provided that where the driving licence of a person authorizes him to drive more than one class or description of motor vehicles and the order, made under sub-section (1), disqualifies him from driving any specified class or description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving licence and return the same to the holder.
- Any person aggrieved by an order made by a licensing authority under sub-section (1) may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final.
Central Motor Vehicle rules, 1989
21. Powers of licensing authority to disqualify.—For the purpose of clause (J) of subsection
(1) of section 19, the commission of the following acts by holder of a driving
licence shall constitute nuisance or danger to the public, namely:—
(1) Theft of motor vehicle.
(2) Assault on passengers.
(3) Theft of personal effects of passengers.
(4) Theft of goods carried in goods carriages.
(5) Transport of goods prohibited under any law.
44[(6) Driver, while driving a transport vehicle, engages himself in activity which is likely
to disturb his concentration.]
(7) Abduction of passengers.
(8) Carrying overload in goods carriages.
(9) Driving at speed exceeding the specified limit.
(10) Carrying persons in goods carriage, either inside the driver’s cabin in excess of its
capacity or on the vehicle, whether for hire or not.
(11) Failing to comply with the provisions of section 134.
(12) Failure to stop when signaled to do so by any person authorised to do so.
(13) Misbehaviour with and showing discourtesy to passengers, intending passengers
or consignors and consignees of goods.
(14) Smoking while driving public service vehicles.
(15) Abandoning vehicle in a public place causing inconvenience to other road users or
to passengers in the vehicle.
(16) Driving vehicle while under the influence of drink or drugs.
(17) Interfering with any person mounting or preparing to mount upon any other vehicle.
(18) Allowing any person to sit or placing things in such a way as to impede the driver
from having a clear vision of the road or proper control of the vehicle.
(19) Not stopping a stage carriage at approved stopping places for a sufficient period of
time in a safe and convenient position upon demand or signal of the conductor or any
passenger desiring to alight from the vehicle and unless there is no room in the vehicle,
upon demand or signal of any person desiring to becoming a passenger.
(20) Loitering or unduly delaying any journey and not proceeding to the destination as
near as may be in accordance with the time table pertaining to the vehicle, or, where
there is no such time table, with all reasonable despatch.
(21) Not driving a contract carriage, in the absence of a reasonable cause, to the
destination named by the hirer by the shortest route.
(22) The driver of a motor cab not accepting the first offer of hire which may be made to
him irrespective of the length of the journey for which such offer is made.
(23) The driver of a motor cab demanding or extracting any fare in excess to that to
which he is legally entitled or refusing to ply motor cab.
45[(24) Abandoning a transport vehicle as a mark of protest or agitation of any kind or
strike in a public place or in any other place in a manner causing obstructions and
inconvenience to the public or passengers or other users of such places.]
46[(25) Using mobile phone while driving a vehicle.][x] close
What are the duties of a driver when his vehicle is involved in an accident resulting in death/bodily injury/damage to property?
The duties are as under:
· Arrange for medical help Inform the police
· In case the vehicle is carrying dangerous goods, keep everyone away, avoid smoking in the vicinity and take emergency action as displayed on the vehicle.
Under what conditions is the towing of a vehicle allowed?
Vehicle abandoned or left unattended or Parked in a parking restricted zone or Parked in a way causing inconvenience to other road user can be towed away.
What is the punishment for drunken driving/driving under the influence of any drug?
If a driver is caught driving a vehicle with alcohol in his blood exceeding 30 mg per 100 ml or he is under the influence of a drug to such an extent that he is incapable of exercising proper control over the vehicle, the following will be the punishments. First Offence: Imprisonment up to 6 months or fine up to Rs 2,000 or both Subsequent Offence: Imprisonment up to 2 years or fine up to Rs 3,000 or both
When can the authorities detain a vehicle?
Authorities can detain a vehicle in the following circumstances:
• Vehicle being driven by an individual without valid driving license
• Vehicle being driven without registration
• Transport vehicle being driven without Permit
• Vehicle being driven without payment of Tax
What are the consequences for driving without a license?
You will be fined Rs.300/-
Is wearing helmet compulsory for Scooter and Motorcycle riders?
Yes. Wearing helmet is compulsory. Violators will be charged U/sec.177 of M.V.Act-1988 for which fine is Rs.100/-
What are consequences of driving under the influence of liquor?
If you are caught driving under the influence of liquor you will be issued a police notice for for the appearance in the Court. There is no provision of paying the fine on the spot. Moreover, you will not be allowed to continue to driving unless you have a partner who is not under the the influence of liquor and has a valid driving licence.
You will be advised to hire a cab leaving the vehicle in the police station under acknowledgement till you apear in the court and pay the fine. Your driving licence will also be kept with the police till the disposal of the case.
You are reminded that on repeat offence of driving under the influence of liquor, there is a provision for enhanced penalty and imprisonment. If you commit a fatal accident under the influence of liquor you could be booked under culpable homicide not amounting to murder which is a non-bailable offence.
Will policemen stop me for checking the documents?
All the police officers have been clearly told not to stop the motorists merely for checking the documents. Only when the motorist has committed some traffic violations, he can be stopped, documents checked and penalized for non-possession. There are strict instructions against police men stopping the vehicles unless you commit some traffic violation.
Who can receive payment of spot fine?
Above the rank of Police Head Constable is authorized to receive payments against violation and issue a L -temp receipt. No Police Constable can issue a L – temp receipt and therefore receive a payment. They can however record the violations on the basis of which violation will follow. This L – temp can be settled at concerned traffic police Division or Prosecution section of the D.C.P.Traffic Office. Incase a Constable threatens you with spot fine, insist on getting receipt and the chances are that he will let you go because he is not authorized to issue a receipt or receive money.
What is the spot fine for drunken driving?
There is no spot fine for drunken driving. In each of the drunken driving case, police notice is issued asking the person to appear before the court. Only court is empowered to impose the fine.
What happens if I don’t appear in the court?
If you fail to appear in court, warrant will be issued from the court. This may lead to arrest and stiffer penalty.
What is the punishment for drunken driving?
In the first instance there can be penalty up to Rs.3000/- which may extend to imprisonment in subsequent offence.
After being booked for drunken driving can I continue to drive myself?
No. you will have to arrange for an alternate driver who is not drunk or take a cab leaving the vehicle in the police station which will be released after you have settled the case in the court.
What about pollution check?
It is mandatory to carry emission certificate. However, police have been instructed not to stop any motorists for merely checking emission certificate.
I crossed the stop line seeing green signal. But traffic in front of me was not moving and I got penalized.why?
Even if signal is green you should not enter the junction unless the tail of the traffic in front of you is moving. Otherwise you will create gridlock and block cross traffic too.
I crossed stop line before the signal turning red, while it was still yellow. But I could not clear the junction due to congestion ahead. Why was I fined for signal jumping?
Yellow signal is provided only for those vehicles which have already crossed stop line to clear the junction. You are not expected to enter the junction when the green light has already changed to yellow.
Why are junctions painted cris-cross in the center?
Cris-Cross marking indicates “no standing”. Unless one is sure of clearing the junction, he should not enter the junction even if the signal light is green, because it will block the cross traffic and lead to grid-lock.
I got fined for parking violation. But board was at least 20 m away from where I parked?
It is not possible to put one board for each vehicle. “No parking” is notified by gazette notifications and then boards are erected. Each board indicates that roughly 50 m each side of boards is no-parking area. That is why boards are put 100 m apart.
Why do traffic police switch off the lights during peak hours?
Actually it is not a good practice but is in-evitable due to inadequate capacity of junctions. There are the situation when road is not able to take the entire volume of traffic and tail of traffic ahead does not get cleared even till next green phase. Now if the lights are not switched off, vehicles will block the junction and make it impossible for even cross traffic to move thus creating a grid-lock. It is lose-lose situation for all. At this juncture policemen take over the signal and regulate it according to clearance and relative volume. However, this practice is largely reduced and will disappear soon due to increased capacity of roads and junctions. Switching off also becomes inevitable during acts of nature like water logging, cracks in road and man-made situations like strikes, rasta-rokho and VIP movement, when one or more roads become unavailable for traffic. In all such situations mannual operations are resorted to. This practice is, however not encouraged.
What action is taken if a person refuses to pay the fine?
If a violator refuses to pay a spot fine, he would be required to surrender his original driving licence – for which the officer concerned would give an acknowledgment. The case will then go to court, and the offender will have to go by the decision taken by it. The fine he would have to pay there would be much more than the usual one. As per Section 206 (2) of the Motor Vehicle Act – 1988, if you do not pay a spot fine, you will be issued a notice with instructions to appear in court within a week. In the absence of an original driving licence, the person will have to leave the vehicle with the police. In case of a violation notice which comes from the court, the deadline is one week. However, we have to wait for a month before filing the case in court. If the motorist fails to appear in court, a warrant will be issued and he will have to face arrest or stiffer penalties.
THE DOMESTIC WORKERS WELFARE AND SOCIAL SECURITY ACT 2010:
This Act is for the protection of Domestic Workers and provision of welfare scheme to these Workers. However, for the domestic workers to be able to reap from the same they need to be registered with the concerned board. Like in Pune they need to register with the Maharashtra Domestic Workers Welfare Board formed under the Maharashtra Domestic Workers Welfare Act, 2008. There is a registration fee that is made payable by the full time employer of the domestic worker or the agency/service provider.
Benefits under this Act include: fixation of minimum wage, working hours, weekly holidays, interval for rest, and wages for overtime.
If the full time employer or agency contravenes with the provisions of this act it could result in punishment through fine and imprisonment.
But because not many people know about this according to the 2012 report only 10,000 domestic workers are registered in Maharashtra.
Registering domestic workers is important so some record of the workers is maintained by the State and can also help reduce crime.
Sec 125 Code of Criminal Procedure: ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS:
If any person having sufficient means neglects or refuses to maintain:
a) His wife, unable to maintain herself, or
b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
c) His legitimate or illegitimate child ( not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself or
d) His father or mother, unable to maintain himself or herself.
KEY FINDINGS IN RELATION TO SEC 125 (CRPC) – ORDER FOR MAINTENANCE:
a) The object of Sec. 125 is
- to achieve a social purpose i.e to prevent vagrancy and destitution.
- To protect women and children
- To assist women and children in distress
b) Speedy Remedy - Sec.125 provides a speedy and summary remedy by way of summary procedure.
c) No Limitation – when no period of limitation is provided under Sec 125 Crpc, the wife can claim maintenance at any time as the right is continuing.
d) Claim for maintenance for more than one valid wives – if the existence of more than one wife under the personal law of the party is legal, the legal wives are entitled to apply for maintenance.
e) Essential conditions – the essential conditions for grant of maintenance are that
- A person having sufficient means
- Is refusing or neglecting to maintain
- His wife, legitimate or illegitimate children or parents who are unable to maintain himself or herself.
Only because the wife and children had left the house on their own, is no ground to disentitle them to maintenance.
Where the wife had left her matrimonial home without any justifiable ground, she would not be entitled to the grant of maintenance.
- The expression “means” does not signify only visible means, such as, real property or definite employment.
- If a man is healthy and able-bodied, he must be held as having means to support his wife, child or parent.
- Once the person has the capacity to earn, he cannot escape the liability to maintain under S125.
- Even if a husband is declared insolvent, the husband cannot take the plea that he has no sufficient means to maintain his wife and children.
UNABLE TO MAINTAIN HERSELF:
- In order that a wife can apply for maintenance for herself, she has to allege in the petition and prove before the Magistrate that she is unable to maintain herself.
- The expression “unable to maintain herself” means unable to earn a livelihood.
- The earnings must be such as to maintain the wife without depending upon others.
- Merely because the wife earns a paltry amount, it cannot be said that she has sufficient means to maintain.
f) If the magistrate is prima facie satisfied with regard to the performance of marriage in proceedings under S125, strict proof of performance of essential rites is not required.
g) A Divorced wife is entitled to and claim maintenance till she is remarried. So divorce does not end the right to maintenance under S.125 Cr.PC.
h) When the wife is living in adultery she cannot claim maintenance in view of S.125(4) of Cr.PC. “living in adultery” means continuous course of adulterous conduct more or less continuous. An occasional lapse would not be sufficient to refuse maintenance. It is for the husband to prove that the wife is living in adultery. When the respondent had already been divorced by the petitioner, she could not be refused the grant of maintenance on the ground that she was living in adultery.
i) Even if the mother is guilty of adultery and is disentitled to get maintenance, the maintenance of the children living with the mother cannot be refused. Mere suspicion of the husband that the child was born to his wife through adultery cannot disentitle the child of the maintenance.
j) Any parent unable to maintain himself or herself can get maintenance from their son or daughter having sufficient means. An adult daughter is bound to maintain her parents. Mothers include adoptive mothers but not step mothers.
k) MUSLIM DIVORCED WOMEN: Till the Muslim Women (protection of Rights on Divorce) act 1986 came into force, a muslim divorced woman had the right to apply for maintenance under S125. With the Muslim Women (protection of Rights on Divorce) act 1986 coming into force a divorced muslim woman cannot move any application for maintenance under S 125 of Cr.PC. It is only when the divorced wife and ex-husband mutually agree to take recourse under S125 such an application becomes maintainable
The Protection of Children from Sexual offences Act criminalizes any form of penetrative sexual conduct with a child below 18 years of age. The consent of such person is irrelevant under this enactment. This act penalizes even the intent to commit an offence.
This Act has also provided for the establishment of Special Courts to deal with the offences mentioned under it, which has to complete the trial , as far as possible within 1 year. Apart from this, there are several provisions which aim to establish a child friendly investigation and prosecution process: Read More…
HAPPY INDEPENDENCE DAY… JAI HIND…
Today’s the day we remember and cherish our heroes who fought for our freedom… through all the pain and struggle they sacrificed their lives for our countries freedom…Let’s come together this Independence Day and follow their thoughts and wisdom… SAY ‘NO’ TO CORRUPTION!! Our resolution this Independence Day at Law Wise India is “CORRUPTION FREE INDIA.” What’s yours?
“Corruption and hypocrisy ought not to be inevitable products of democracy, as they undoubtedly are today”
…SARE JAHAN SE ACHA…HINDUSTAN HAMARA…