Court : Andhra Pradesh
Decided on : Feb-19-2003
Reported in : 2003(2)ALD495; 2003(3)ALT176; 2003CriLJ3354
..... attorney general and hold that the nexus to connect the 1st respondent with the incident is not established for granting consent as provided under section 7 of the explosive substances act to launchprosecution. the action of the respondents in refusing to grant consent to launch prosecution against the first respondent, in the facts and ..... general twice opined that there is no prima facie case for sanctioning prosecution against the first respondent in respect of an offence falling under section 5 of the explosive substances act, 1908. the fourth respondent denied the allegations made by the petitioner and clarified that in the opinion of the learned attorney general, no ..... or with imprisonment for a term which may extend to five years, to which fine may be added.'19. section 6 of the explosive substances act, 1908 provides punishment for abettors, which reads as under:'section 6. punishment of abettors :--any person who by the supply of or solicitation for money, the providing of premises, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2003
Reported in : 2004(1)ALD164; 2004(1)ALT306
..... tariff act. thus the imports of ammonium nitrate of explosive grade in bulk under the guise of fertilizer grade ammonium nitrate and its onward sales to the explosive industry is in clear breach of the restriction imposed by chapter vi of the said order and in particular section 19(a), (c)(iii), (vi) and section 25 ..... of respondent no. 5 also states that the chief controller of explosives, department of explosives, nagpur, by his letter dated 26.2.2003 clarified that the item ammonium nitrate is itself not an explosive and does not come under the purview of the explosive act and the rules administered by the department. the government of india ..... issued fertilizer control order, 1985 under essential commodities act, which contains specification of fertilizers sold in the country, method of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-27-2003
Reported in : 2004(1)ALD91; 2004(1)ALT430; 2004(1)ARBLR436(AP)
..... dealership of the appellant. clause 20 of the said agreement also requires the dealer to observe and comply with the provisions of the petroleum act, explosives act and the weights and measurements act, 1976 and the rules and regulations made thereunder.18. the apex court on analyzing clause 30 of the dealership agreement observed that the ..... ., : [1963]3scr209 , and jaikishan v. l. kanoria & co., : air1974sc1579 .10. the learned counsel for the respondents further submits that inasmuch as section 3 of the benami transactions (prohibition) act, 1988, prohibits purchase of property benami, the alleged purchase of property by the applicant under the alleged agreement dated 6-2-1990, in the names of the ..... to them. on the complaint being referred to banjara hills police station, the police registered the same as fir no. 556/2001, dated 21-10-2001 under sections 379, 420, 467, 468 and 471 i.p.c. the applicant states that when he made an application to the economic offences court, nampally, for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-08-2003
Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100
..... to believe that the provisions of this section for such carriage are not complied with.(6) nothing in this section shall be construed to derogate from the provisions of the indian explosives act, 1884 (4 of 1884), or any rule or order made under that act, and nothing in sub-sections (4) and (5) shall be construed ..... presumption of law or 'conclusive proof.'classes (i), (ii) and (iii) are indicated in clauses (1), (2) and (3) respectively, of section 4, evidence act. 'presumption of facts' are inferences of certain fact patterns drawn from the experience and observation of the common course of nature, the constitution of the human mind ..... holder dies in any untoward incident, his legal heirs are entitled to seek compensation............................ .............................under sub-clause (2) of clause (c) of section 123 of the act, after the incident of accidental falling of any passenger from a train carrying passengers is also brought within the ambit of 'untoward incident'. that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-01-2003
Reported in : 2004(3)ALD357
..... chahal engineering and construction company v. irrigation department, punjab, sirsa, : air1993sc2541 , this court held that the words 'is otherwise invalid' in clause (c) of section 30 of the act would include an error apparent on the face of the record. in trustees of the port of madras v. engineering constructions corporation limited, : air1995sc2423 , after adverting to ..... the parties has a tradition in india. it has a social purpose to fulfil today. it has a great urgency today when there has been an explosion of litigations in the courts of law established by the sovereign power. new rights created, or awareness of these rights, the erosion of faith in ..... or voidable between the parties thereto is not applicable to an agreement the formation whereof law interdicts or which falls within the prohibitory range of section 23 of the contract act. thus, no legal relations are created by the agreement offending a statute or public policy enabling neither party to enforce the agreement. (see .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-10-2003
Reported in : 2003(6)ALD299; 2003(5)ALT705
..... and rejected.' the commissioner of police in exercise of the power conferred upon him under clauses (f), (g) and (h) of sub-section (1) of section 21 of the hyderabad city police act, 1348 fasli promulgated the rules with the assent of h.e.h. the nizam's government known as 'the rules relating to places of public ..... to the public street, by persons other than government or municipal officers authorised in this behalf, (iv) the carrying through public streets or public places gunpowder or other explosive substances, (v) blasting, (g) regulating the entrance or exit at any place of public amusement or place of public entertainment or at any meeting or public ..... theatre, music and dancing hall, billiard room, gymnasium or any other place allotted for such purpose'. 'public place of entertainment' is also defined in section 3 (h) of the police act, which reads; 'public place of entertainment' means any enclosed or open place to which the public have access and where any kind of articles of food .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-21-2003
Reported in : 2003(4)ALD102
..... by the commissioner of police or district magistrate. the licence to import and store petrol an installation is to be granted by the chief controller or controller of explosives in form xiii. an 'installation' as per rule 2(xiv) means any premises wherein any place has been specially prepared for the storage of petroleum in bulk ..... authorities who can grant licence. licence to carry petrol by land on mechanically propelled vehicles is to be granted by the chief controller or a controller of explosives in form-ix. the licence to import and store petroleum products in bulk in quantity not exceeding 25,000 litres i.e., (25 kilo litres) is ..... mis, a reference to some of the provisions of the petroleum act and the petroleum rules is necessary.12. the petroleum act in pith and substance deals with the law relating to import, transport, storage, production, refining and blending of petroleum. section 29 of the act empowers the central government to make rules inter alia providing for storage .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-18-2003
Reported in : 2003(6)ALD686
..... the town or village which had been growing in size because of its commercial, industrial, educational, religious or any other kind of importance or because of its explosive population;(ii) the suitability of the acquired land for putting up the buildings, be they residential, commercial or industrial, as the case may be;(iii) possibility ..... an extent of ac. 105-92 cents was acquired by the vizagapatnam harbour authority in february, 1928 for execution of anti-malarial works. while referring to section 23 of the act, the privy council observed:'the compensation must be determined therefore, by reference to the price which a willing vendor might reasonably expect to obtain from a ..... , air 1967 sc 465, the supreme court reiterated to principle in the following words:'market value on the basis of which compensation is payable under section 23 of the act means the price that a willing purchaser would pay to a willing seller for a property having due regard to its existing condition, with all its .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-28-2003
Reported in : 2003(5)ALD500; 2003(2)ALT(Cri)510
..... february 10, 1949 the judge, special court, red fort, delhi, convicted the petitioner for offences under section 3, read with section 6, of the explosive substances act, under section 4(b) and section 5 thereof; and for murder under section 302, read with section 109, of the indian penal code; for the first two offences he was sentenced to seven years' ..... no such provision is found in the indian penal code, code of criminal procedure or the prisons act. though the government of india stated before the judicial committee in the case cited supra that having regard to section 57 of the indian penal code, 20 years' imprisonment was equivalent to a sentence of transportation for ..... to predicate the time of his death. that is why the rules provide for a procedure to enable the appropriate government to remit the sentence under section 401 of the code of criminal procedure on a consideration of the relevant factors, including the period of remissions earned. the question of remission is exclusively .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-23-2003
Reported in : 2004(3)ALD858; 2004(4)ALT286
..... held that it was open in such circumstances to the plaintiff to repudiate the transaction altogether and claim a relief outside it in the form of restitution under section 65, contract act. although no such alternative claim was made in the plaint, the p.c. allowed it to be advanced and gave a decree on the ground that the ..... law in the light of the other judgments referred supra, wherein it was categorically held that inspite of the overriding effect given to the provisions of the act under section 4 of the act, customary laws still holds the filed.30. sri murthy sternously conended that late veerappa made arrangement in the year 1959 (i.e.,) after the hindu ..... 25. the judgment of this court received approval of the supreme court in jupudi venkata vijaya bhaskar v. jupudi kesava rao, : air2003sc3314 , by observing that:'section 17 of the act is not intended to cover cases of the present nature where a major person agrees not to set up any claim with regard to certain items belonging to .....
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