Array ( [0] => ..... injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide (emphasis added). the charge sheet having disclosed a prima facie case under section 304(part-ii)/34 ipc with the statement of the same having been well established and with the ..... the learned cjm, kamrup and his own conclusion that the case was not under section 304(part-ii) but was one of under section 304(a).11. section 299 ipc deals with culpable homicide. as per the definition of which, whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily ..... (a)/34 ipc.(iv) as per the provisions of section 209 crpc, the learned cjm is to exercise his judicial function towards recording prima facie satisfaction as to the offence disclosed by the materials on record and not to act mechanically.6. elaborating the above grounds of attack to the impugned order dated 9.5.2006, mr. n. choudhury, ..... [1] => ..... price, no reference has been made to the customs duty that one has to pay for import of the goods. similarly, the term importer, as defined in section 2(1)(d) of the aet act, does not take, within its sweep, a person importing goods from outside the country. obviously, the legislature had consciously used the words 'including a place outside the ..... words 'including a place outside the state' do not mean to convey outside the country. no wonder, therefore, that while dealing with the word 'purchase value' in section 2(1)(h) of the act, no reference has been made to customs and other duties that an importer has to pay for clearance of the goods.15. coupled with the above, it is ..... withdraw any such exemption at any time, as it may think fit and proper. 3. the words 'entry of goods into a local area' is defined by section 2(1)(b) of the aet act as under:2(1)(b). 'entry of goods into a local area' with all its grammatical variations and cognate expressions means entry of the goods as specified ..... [2] => ..... facts and circumstances having a bearing thereon.the fact that ext. 7, in the instant case, was a registered document, is significant by itself. section 60 of the registration act, deals with certificate of registration of a document presented there for. it enjoins that on the compliance of the necessary legally prescribed formalities, if ..... appellate court was required to adhere to the observations made by this court, while deciding the appeal afresh on remand.12. the debate having centered around section 90 of the act, it is time now to deal therewith. the above provision permits drawal of a presumption, if the document concerned is thirty years old. thereunder, ..... of the appeal, the following two substantial questions of law had been framed.i) whether the learned appellate court committed error in not applying section 90 of the evidence act regarding the execution of ext. 7.ii) whether the learned appellate court committed error in substantial questions of law by making a finding contrary ..... [3] => ..... directed various departments to issue appropriate notifications in this regard. the contention was it is only under the notifications issued in exercise of the power under section 5a of the act, 1944 the benefit of exemption from payment of central excise duty can be granted subject to such terms and conditions as the govt. of india ..... government is bound by the principles of promissory estoppel.16. the learned judge further held that the notifications issued in exercise of the power under section 5 of the act, 1944 ought to have been in accordance with the industrial policy resolution taken after its due approval by the cabinet and the same cannot be ..... in their writ petitions is that the government of india, ministry of finance while issuing the exemption notifications in purported exercise of the powers under section 5a of the act, 1944 deviated from promise held out in industrial policy resolution dated 24.12.1997 inasmuch as the benefit of exemption to industrial units from excise ..... [4] => ..... injury to a large number of civilian and police personnel. terms of reference of such inquiry have also been fixed by such notification.21. sub-section (4) of section 3 of the act requires the appropriate government to lay before each house of parliament or, as the ease may be, the legislature of the state, the report, ..... patel and new kenilworth hotel (p.) ltd. (supra) cited by the learned senior counsel for the-writ petitioners need not be discussed.20. sub-section (1) of the section 3 of the act empowers the appropriate government, to appoint a commission of inquiry, by issuing notification in the official gazette, if it forms an opinion that it is ..... nature as the notices have been directed to be issued without any materials available before it and by selecting some officials for such notices under section 8b of the act out of a homogenous group of officials under the district administration of west garo hills district, thereby treating similarly placed persons differently.12. referring ..... [5] => ..... 1993 is not to govern such transactions of sale, surely and certainly, the actions of the n.f. railways in seeking to deduct taxes at source under section 27 of the act of 1993 will be equally unauthorised in law.9. in view of the foregoing discussions and the conclusions reached on the basis thereof, this court is of the view that ..... . v. cto. in manganese ore (india) ltd. v. regional asstt. cst after referring to balabhagas hulaschand v. state of orissa it was observed that so far as section 3(a) of the cst act is concerned, there is no distinction between unascertained or future goods and goods which are already in existence, if at the time when the sale takes place these ..... any power to levy tax on sale-transactions that take place in the course of inter-state trade or commerce. by virtue of the provisions contained in section 3 of the central sales tax act, 1956, a sale or purchase of goods must be deemed to have taken place in the course of inter-state trade or commerce if such sale or ..... [6] => ..... sale or purchase of goods'.21. in the above case, the high court was concerned with the provisions of the haryana general sales tax act, 1973. section 2(i) of the act defines 'sale' as any transfer of property in goods for cash or deferred payment or other valuable consideration and includes transfer of the right to ..... the parties did not involve transfer of right to use the machinery in favour of the contractors and in absence of satisfying the essential requirement of section 5-e of the act, i.e., transfer of right to use machinery, the hire charges collected by the respondents from the contractors were not exigible to sales tax ..... been issued before the summary assessment, there was gross violation of the principles of natural justice. according to him, in such situation there was violation of section 44(3) of the act. he also placed reliance on the following decisions:state of andhra pradesh v. rashtriya ispat nigam ltd. : air2002sc1305 .dwijendra kumar bhattacharjee v. superintendent of ..... [7] => ..... constitution which are relevant to the subject-matter of the law.11. according to the respondents/state, the state legislature without any ambiguity has conferred power under section 7(8) of 'the act 1993' empowering the executive to levy tax on sale value (express or implied) of containers used in selling such exempted goods.12. in jamana flour & oil ..... of imposition of tax and there is no room for any intendment.10. the amendment as indicated above was brought in from june 1, 1999 by inserting section 7(8) by assam act 15 of 1999 and accordingly assam general sales tax (amendment) rules, 1999 was given effect to with effect from january 19, 2000. according to mr. ..... and includes(i) any transfer otherwise than in pursuance of a contract of property in any goods for cash, deferred payment or other valuable consideration ;(iii) section 2(33) of 'the act 1993' provides that for a transaction to be a sale there must be a transfer of property in goods by any person for cash, deferred payment or ..... [8] => ..... o. c. singjamei police station registered as f.i.r. case no. 21(1) 98 singjamei police station under sections 471/468/420/409/120-b, ipc and 131(1)(c)(d) pc act, 1988 13 ua (p) act. on the next day, they were produced before the additional chief judicial magistrate, imphal by the police personnel of ..... is guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortuous acts of the public servants. public law proceedings serve a different purpose than the private law proceedings. award of compensation for established infringement of the indefeasible rights guaranteed ..... law procedures as also public law principles. it may be necessary to identify the situations to which separate proceedings and principles apply and the courts have to act firmly but with certain amount of circumspection and self-restraint, lest proceedings under article 32 or 226 are misused as a disguised substitute for civil action in ..... [9] => ..... of the proceeding under section 154 of the act, another proceeding under section 263 of the act was not permissible. the petitioner-company further submitted that deduction, on account of bonus, was only to the extent it was ..... the petitioner-company asserted that the conclusions reached by the audit party were incorrect. the petitioner-company accordingly requested for dropping of the proceeding initiated under section 263 of the act.(iv) however, the commissioner of income-tax passed an order on march 28, 2000, setting aside the order of assessment dated march 11, 1998 ..... 28, 2000, to the notice dated january 24, 2000, aforementioned. in its reply, the petitioner-company pointed out that a rectification proceeding, under section 154 of the act, was still pending before the joint commissioner of income-tax. the petitioner-company also pointed out, in its reply, that in view of the pendency ..... ) Explosives Act 1884 Section 4 Definitions - Court Guwahati - Year 2006 - Page 3 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: guwahati Year: 2006 Page 3 of about 102 results (0.064 seconds)

Jun 20 2006 (HC)

Dr. Bijaya Goswami and ors. Vs. State of Assam

Court : Guwahati

Decided on : Jun-20-2006

..... injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide (emphasis added). the charge sheet having disclosed a prima facie case under section 304(part-ii)/34 ipc with the statement of the same having been well established and with the ..... the learned cjm, kamrup and his own conclusion that the case was not under section 304(part-ii) but was one of under section 304(a).11. section 299 ipc deals with culpable homicide. as per the definition of which, whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily ..... (a)/34 ipc.(iv) as per the provisions of section 209 crpc, the learned cjm is to exercise his judicial function towards recording prima facie satisfaction as to the offence disclosed by the materials on record and not to act mechanically.6. elaborating the above grounds of attack to the impugned order dated 9.5.2006, mr. n. choudhury, .....

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Nov 17 2006 (HC)

Primus Imaging Pvt. Ltd. Vs. State of Assam and anr.

Court : Guwahati

Decided on : Nov-17-2006

..... price, no reference has been made to the customs duty that one has to pay for import of the goods. similarly, the term importer, as defined in section 2(1)(d) of the aet act, does not take, within its sweep, a person importing goods from outside the country. obviously, the legislature had consciously used the words 'including a place outside the ..... words 'including a place outside the state' do not mean to convey outside the country. no wonder, therefore, that while dealing with the word 'purchase value' in section 2(1)(h) of the act, no reference has been made to customs and other duties that an importer has to pay for clearance of the goods.15. coupled with the above, it is ..... withdraw any such exemption at any time, as it may think fit and proper. 3. the words 'entry of goods into a local area' is defined by section 2(1)(b) of the aet act as under:2(1)(b). 'entry of goods into a local area' with all its grammatical variations and cognate expressions means entry of the goods as specified .....

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Dec 19 2006 (HC)

BipIn Chandra Kalita Vs. Sarama Kalita and ors.

Court : Guwahati

Decided on : Dec-19-2006

..... facts and circumstances having a bearing thereon.the fact that ext. 7, in the instant case, was a registered document, is significant by itself. section 60 of the registration act, deals with certificate of registration of a document presented there for. it enjoins that on the compliance of the necessary legally prescribed formalities, if ..... appellate court was required to adhere to the observations made by this court, while deciding the appeal afresh on remand.12. the debate having centered around section 90 of the act, it is time now to deal therewith. the above provision permits drawal of a presumption, if the document concerned is thirty years old. thereunder, ..... of the appeal, the following two substantial questions of law had been framed.i) whether the learned appellate court committed error in not applying section 90 of the evidence act regarding the execution of ext. 7.ii) whether the learned appellate court committed error in substantial questions of law by making a finding contrary .....

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Jun 30 2006 (HC)

Union of India (Uoi) and ors. Vs. Shree Ganapati Rolling Mills (P.) Lt ...

Court : Guwahati

Decided on : Jun-30-2006

..... directed various departments to issue appropriate notifications in this regard. the contention was it is only under the notifications issued in exercise of the power under section 5a of the act, 1944 the benefit of exemption from payment of central excise duty can be granted subject to such terms and conditions as the govt. of india ..... government is bound by the principles of promissory estoppel.16. the learned judge further held that the notifications issued in exercise of the power under section 5 of the act, 1944 ought to have been in accordance with the industrial policy resolution taken after its due approval by the cabinet and the same cannot be ..... in their writ petitions is that the government of india, ministry of finance while issuing the exemption notifications in purported exercise of the powers under section 5a of the act, 1944 deviated from promise held out in industrial policy resolution dated 24.12.1997 inasmuch as the benefit of exemption to industrial units from excise .....

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Sep 26 2006 (HC)

District Administration Vs. Commissioner of Inquiry and ors.

Court : Guwahati

Decided on : Sep-26-2006

..... injury to a large number of civilian and police personnel. terms of reference of such inquiry have also been fixed by such notification.21. sub-section (4) of section 3 of the act requires the appropriate government to lay before each house of parliament or, as the ease may be, the legislature of the state, the report, ..... patel and new kenilworth hotel (p.) ltd. (supra) cited by the learned senior counsel for the-writ petitioners need not be discussed.20. sub-section (1) of the section 3 of the act empowers the appropriate government, to appoint a commission of inquiry, by issuing notification in the official gazette, if it forms an opinion that it is ..... nature as the notices have been directed to be issued without any materials available before it and by selecting some officials for such notices under section 8b of the act out of a homogenous group of officials under the district administration of west garo hills district, thereby treating similarly placed persons differently.12. referring .....

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Jan 31 2006 (HC)

Rock International Vs. State of Assam and ors.

Court : Guwahati

Decided on : Jan-31-2006

..... 1993 is not to govern such transactions of sale, surely and certainly, the actions of the n.f. railways in seeking to deduct taxes at source under section 27 of the act of 1993 will be equally unauthorised in law.9. in view of the foregoing discussions and the conclusions reached on the basis thereof, this court is of the view that ..... . v. cto. in manganese ore (india) ltd. v. regional asstt. cst after referring to balabhagas hulaschand v. state of orissa it was observed that so far as section 3(a) of the cst act is concerned, there is no distinction between unascertained or future goods and goods which are already in existence, if at the time when the sale takes place these ..... any power to levy tax on sale-transactions that take place in the course of inter-state trade or commerce. by virtue of the provisions contained in section 3 of the central sales tax act, 1956, a sale or purchase of goods must be deemed to have taken place in the course of inter-state trade or commerce if such sale or .....

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May 10 2006 (HC)

Sri Jay Kumar Bardia Vs. State of Assam and ors.

Court : Guwahati

Decided on : May-10-2006

..... sale or purchase of goods'.21. in the above case, the high court was concerned with the provisions of the haryana general sales tax act, 1973. section 2(i) of the act defines 'sale' as any transfer of property in goods for cash or deferred payment or other valuable consideration and includes transfer of the right to ..... the parties did not involve transfer of right to use the machinery in favour of the contractors and in absence of satisfying the essential requirement of section 5-e of the act, i.e., transfer of right to use machinery, the hire charges collected by the respondents from the contractors were not exigible to sales tax ..... been issued before the summary assessment, there was gross violation of the principles of natural justice. according to him, in such situation there was violation of section 44(3) of the act. he also placed reliance on the following decisions:state of andhra pradesh v. rashtriya ispat nigam ltd. : air2002sc1305 .dwijendra kumar bhattacharjee v. superintendent of .....

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Apr 05 2006 (HC)

Assam Roller Flour Mills Association and anr. Vs. State of Assam and a ...

Court : Guwahati

Decided on : Apr-05-2006

..... constitution which are relevant to the subject-matter of the law.11. according to the respondents/state, the state legislature without any ambiguity has conferred power under section 7(8) of 'the act 1993' empowering the executive to levy tax on sale value (express or implied) of containers used in selling such exempted goods.12. in jamana flour & oil ..... of imposition of tax and there is no room for any intendment.10. the amendment as indicated above was brought in from june 1, 1999 by inserting section 7(8) by assam act 15 of 1999 and accordingly assam general sales tax (amendment) rules, 1999 was given effect to with effect from january 19, 2000. according to mr. ..... and includes(i) any transfer otherwise than in pursuance of a contract of property in any goods for cash, deferred payment or other valuable consideration ;(iii) section 2(33) of 'the act 1993' provides that for a transaction to be a sale there must be a transfer of property in goods by any person for cash, deferred payment or .....

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Jan 13 2006 (HC)

Smt. Khumanthem Ongbi Pangabam Ningol Ibemhal Devi Vs. State of Manipu ...

Court : Guwahati

Decided on : Jan-13-2006

..... o. c. singjamei police station registered as f.i.r. case no. 21(1) 98 singjamei police station under sections 471/468/420/409/120-b, ipc and 131(1)(c)(d) pc act, 1988 13 ua (p) act. on the next day, they were produced before the additional chief judicial magistrate, imphal by the police personnel of ..... is guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortuous acts of the public servants. public law proceedings serve a different purpose than the private law proceedings. award of compensation for established infringement of the indefeasible rights guaranteed ..... law procedures as also public law principles. it may be necessary to identify the situations to which separate proceedings and principles apply and the courts have to act firmly but with certain amount of circumspection and self-restraint, lest proceedings under article 32 or 226 are misused as a disguised substitute for civil action in .....

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Dec 18 2006 (HC)

B and a Plantation and Industries Ltd. and anr. Vs. Commissioner of In ...

Court : Guwahati

Decided on : Dec-18-2006

..... of the proceeding under section 154 of the act, another proceeding under section 263 of the act was not permissible. the petitioner-company further submitted that deduction, on account of bonus, was only to the extent it was ..... the petitioner-company asserted that the conclusions reached by the audit party were incorrect. the petitioner-company accordingly requested for dropping of the proceeding initiated under section 263 of the act.(iv) however, the commissioner of income-tax passed an order on march 28, 2000, setting aside the order of assessment dated march 11, 1998 ..... 28, 2000, to the notice dated january 24, 2000, aforementioned. in its reply, the petitioner-company pointed out that a rectification proceeding, under section 154 of the act, was still pending before the joint commissioner of income-tax. the petitioner-company also pointed out, in its reply, that in view of the pendency .....

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