Judgment Search Results Home > Cases Phrase: dangerous machines regulation act 1983 chapter iv duties and responsibilities of the manufacturer or dealer of a dangerous machine Page 1 of about 30 results (0.229 seconds)

Dalehite Vs. United States

Court : US Supreme Court

..... " "after the manufacture and/or the shipping, distribution, and handling of fertilizer had begun, there were experiments, events, and incidents of which defendant knew, or of which defendant could have known by the use of the diligence of a reasonably prudent person, showing such fertilizer to be very dangerous, both from the standpoint of fire and explosion. ..... section 2680 reads: "the provisions of this chapter and section 1346(b) of this title shall not apply to --" "(a) any claim based upon an act or omission of an employee of the government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the government, whether or not the discretion involved be abused. ..... however, if decisions are being made at cabinet levels as to the temperature of bagging explosive fertilizers, whether paper is suitable for bagging hot fertilizer, and how the bags should be labeled, perhaps an increased sense of caution and responsibility even at that height would be wholesome. ..... an older iowa case imposes a duty of care on dealers in potentially dangerous substances at least as to those in contractual privity. ..... gardner machine co. .....

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... marked it. as the learned solicitor general has pointed out, it must not be forgotten that the chief justice was not a personally interested party but was only discharging the duties and responsibilities cast on him by ..... such high court.(3) notwithstanding anything in sub-clause (b) of clause (1), where the legislature of a state has prescribed any language other that the english language for use in bills introduced in or acts passed by the legislature of the state or in ordinances promulgated by the governor of the state or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the english language published under the authority of the governor of the state in the official gazette of that state shall be deemed to be the authoritative text thereof in the english language ..... of india may not be binding on the government it is entitled to great weight and is normally to be accepted by the government because the power under article 222 cannot be exercised whimsically or arbitrarily.and further; it must also be borne in mind that if the government departs from the opinion of the chief justice of india it has to justify its action by giving cogent and convincing reasons for the same and, if challenged, to prove to the satisfaction of the court that a case was made out for not accepting the advice of the chief justice of india.he added:the danger .....

Mohammed Ajmal Mohammad Amir Kasab Alias Abu Mujahid and Others Vs. St ...

Court : Supreme Court of India

Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553

..... poolpandi, the appellants before this court, who were called for interrogation in course of investigation under the provisions of the customs act, 1963, and the foreign exchange regulation act, 1973, claimed the right of ..... after the examination of the accused, the police officer must take him to a magistrate, a doctor or other willing and responsible non-partisan official or non-official and allow a secluded audience where he may unburden himself beyond the view of the police and tell whether he has suffered duress, in which case he should be transferred to judicial or other custody where the police ..... manufactured at the us manufacturing unit but outboard machines were manufactured in japan, not the ..... the magistrates in the country to faithfully discharge the aforesaid duty and obligation and further make it clear that any failure to fully discharge the duty would amount to dereliction in duty and would make the ..... and 13 in chapter iv of the act deal with entitlement to legal services, and provide for legal services under the act to a very large class of people, including members of scheduled castes and scheduled tribes, women and children and persons in receipt of annual income less than rupees nine thousand (rs 9,000/-) if the case is before a court other than the supreme court, and less than rupees twelve thousand (rs 12,000) if the case is before the ..... the way their operations were freely shown made the task of the security forces not only exceedingly difficult but also dangerous and .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... if they are satisfied that the peaceful and normal condition is created for running the manufacturing plant they will consider for alternative investment in the premises, but they feel that it is not so at this stage and they would consider the option of moving out from the premises provided they and their vendors were compensated for the cost of the buildings, sheds on the premises and expenses incurred in developing the infrastructure which remain on the premises. ..... state could have invoked the west bengal public land (eviction of unauthorized occupants) act 1962 or west bengal government premised (tenancy regulation) act, 1976.439.he further submitted that the only reason for not resorting to the above acts is that all of them require some notice to be served for a reasonable period and this would have frustrated the strategy of the state to somehow dispossess tml after sunset and in the dark without any notice to tml. ..... reported in (1983) 4 scc 45 court held that for judging the validity of section 5(3) of the bihar finance act, 1981 (which levied a surcharge to be paid by a dealer) the court has to determine whether in pith and substance the law is relatable to entry 54 list ii (tax on sale or purchase of goods) and not entry 33 of list iii (trade and commerce in, and production and distribution of products etc. .....

Mehta Food Pvt. Ltd. Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

..... -brahmana and railway station kathua (govindsar) under the said act except the goods specified in the list forming annexures `a' and `b' hereto : provided that consignment of such raw materials or goods manufactured out of such raw materials are accompanied by a machine numbered certificate duly sealed and signed by the authorised representative of the unit concerned in three foils in the form as may be prescribed by the excise commissioner, which shall be produced before the toll officer in-charge of the toll post concerned: provided further an officer authorised by the director of industries and commerce ..... for facility of reference, this section is being quoted below :'the government may from time to time prescribe, annul or alter rates of tolls to be levied upon any road, ferry or bridge (in the state) and may place the collection of such tolls under such management as may appear to it proper, and all persons employed in the management and collection of such tolls shall be liable to the same responsibilities as would belong to them if employed in the collection of the (excise) revenue under the jammu and kashmir (excise) act, 1958.'6. ..... (3) a person referred to in sub-section (1) shall have powers to regulate and control the traffic in accordance with the provisions contained in chapter viii of the motor vehicles act, 1988 on the national highway forming subject-matter of such agreement for proper management thereof.section 10 : laying of notifications, rules, etc. .....

Unni Krishnan, J.P. and Others Etc. Etc. Vs. State of Andhra Pradesh a ...

Court : Supreme Court of India

Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594

..... the year 1983, the legislature of andhra pradesh enacted the andhra pradesh educational institutions (regulation of admission and prohibition of capitation fee) act, 1983 ..... the responsibility of the state governments, but the union government has certain responsibilities specified in the constitution on matters such as planning, higher education and ..... built up and history is made not on the battle-fields where ghastly murders are committed in the name of patriotism, not in the council chambers where insipid speeches are spun out in the name of debate, not even in factories where are manufactured novel instruments to strangle life, but in educational institutions which are the seed-beds of culture, where children in whose hands quiver the destinies the future, ..... a reiteration of the duty-may, obligation - placed upon the governments of andhra pradesh, maharashtra, karnataka and tamil nadu by their respective legislatures - to wit, section 7 of andhra pradesh act 5 of 1983, section 4 of maharashtra act 6 of 1988, section 5 of karnataka act of 1984 and section 4 of tamil nadu act 57 of 1992. ..... chapter-iv declares that 'the right of conferring or granting degree shall be exercised only by a university established on incorporated by or under a central act, a provincial act or a state act or an institution deemed to be a university under section 3 or an institution specially empowered by an act of ..... person to be a dealer within the meaning of the act must carry on the business of selling or .....

In Re: Noise Pollution - Implementation of the Laws for Restricting Us ...

Court : Supreme Court of India

Reported in : AIR2005SC3136; 2005(3)AWC2685(SC); 2005(5)BomCR553; 121(2005)DLT547(SC); [2005(4)JCR4(SC)]; JT2005(6)SC210; (2005)5SCC733

..... the duty and responsibility of the manufacturer to control size and composition of firecrackers to comply with the noise limits prescribed under the ..... under the rules, but that would not be a ground for permitting others to increase the same by beating of drums or by use of voice amplifiers, loudspeakers or by such other musical instruments and, therefore, rules prescribing reasonable restrictions including the rules for the use of loudspeakers and voice amplifiers framed under the madras town nuisances act, 1889 and also the noise pollution (regulation and control) ..... the affidavit filed on 16.2.2004, the chief controller of explosives stated:-(1) that since the role of the department of explosives is mainly administration and enforcement of the explosives rules 1983 and the status of the department is statutory in nature hence the department of explosives had already taken up the matter and advised the fireworks manufacturers of developing and producing environment friendly fireworks besides advocating to promote, sale and use of only fireworks/crackers meeting the noise standards prescribed under environment (protection) rules, 1986 and ..... then the manufacturer and the dealer selling ..... a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may .....

Adhunik Alloys and Power Ltd. and ors. Vs. Union of India (Uoi) and or ...

Court : Jharkhand

Reported in : 2007(2)BLJR1185; [2007(2)JCR357(Jhr)]

..... senior counsel for the respondent-state at the very outset submitted that the writ petitions filed by the petitioners are not maintainable as neither the petitioners have any legal right of grant of mining lease nor the respondent-state has statutory or legal duty or obligation to grant mining lease to the petitioners, much less in the area already reserved for such use by the public sector under the provisions of mines and minerals (regulation and development) act, 1957 and the mineral concession rules, ..... in that case, the government, by the original notification issued under the kerala general sales tax act, 1963 granted exemption for expansion in the manufacture of certain products ..... 10 of the act and chapters ii, iii and iv of the rules, deal with the grant of prospecting licences and mining leases in the land in which the minerals vest in the government ..... . other issues and when they arise and sharing of the responsibilities between parties shall be decided if necessary through mutual agreement case ..... . put the matter thus: the doctrine that, because a certain number of people do not like an act and because a good many people disobey it, the act is therefore 'obsolescent' and no one need pay any attention to it is a very dangerous proposition to ..... tax as even though it is collected by a dealer the law normally permits it to be passed on and the ultimate burden is borne by the consumer ..... narayan shamrao puranik : [1983]1scr655 and in the case of municipal corporation for .....

State of Punjab and anr. Vs. Devans Modern Brewaries Ltd. and anr.

Court : Supreme Court of India

Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26

..... duty and luxury tax under the said sections shall be levied on the following kinds of liquors manufactured in the state and exported outside the state under bond in force or manufactured elsewhere in india and imported into the state by land, air, or sea under bond, at the rates mentioned against each kind of liquor.the excise duty, import fee or luxury tax on liquor manufactured elsewhere in india and imported into the state by land, air or sea otherwise than under bond shall be equal to the duty to which such liquor manufactured in the state are liable under the act ..... (e) regulating the period and localities for which and the persons or classes of persons to whom licenses, permits and passes for the vend by wholesale or by retail of any intoxicants may be granted and regulating the number of such licences which may be granted in any local area;(f) prescribing the procedure to be followed and the matters to be ascertained before any licence is granted for the retail vend for consumption on the premises. ..... the duties, functions and responsibilities of a government in a democracy are different from monarchism. ..... having regard to the fact that the financial commissioner is the statutory authority in relation thereto, the state cannot be said to have any jurisdiction thereover, particularly, in the matter of levy of import fee which clearly is referable to chapter v of the punjab act and has nothing to do with grant of licence occurring in chapter vi.83. .....

State of Gujarat Vs. Mirzapur Moti Kureshi Kassab Jamat and ors.

Court : Supreme Court of India

Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)

..... the court, and adverting to social, religious, utility point of view in most exhaustive manner finally concluded thus :'after giving our most careful and anxious consideration to the pros and cons of the problem as indicated and discussed above and keeping in view the presumption in favour of the validity of the legislation and without any the least disrespect to the opinions of the legislatures concerned we feel that in discharging the ultimate responsibility cast on us by the constitution we must approach and analyze the problem in an objective and realistic manner and then make our pronouncement on the reasonableness of the restrictions imposed by the ..... the question of testing the constitutional validity of any statutory provision or an executive act, or for testing the reasonableness of any restriction cast by law on the exercise of any fundamental right by way of regulation, control or prohibition, the directive principles of state policy and fundamental duties as enshrined in article 51-a of the ..... of dung and 343 pounds of urine in a year which can help in the manufacture of 20 ..... the restriction which can be placed on the rights listed in article 19(1) are not subject only to articles 19(2) to 19(6); the provisions contained in the chapter on directive principles of state policy can also be pressed into service and relied on for the purpose of adjudging the reasonability of restrictions placed on the fundamental rights.question - 2 fundamental rights and articles 48, 48-a and .....