Array ( [0] => ..... sent to him by the police. such is the position of law as to the proving of the contents of a document. chapter iv of the evidence act smvt. 1977, in section 60, provides that oral evidence must in all cases whatever, be direct, that is to say if it refers to an opinion or to the grounds on ..... admissible in evidence. section 510 of the chapter xli of the code of criminal procedure dealing with special rules of evidence, reads thus:510. report of chemical examiner(1) any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government (or the chief inspector of explosive or the director ..... most casual and cursory manner.incriminating circumstances appearing in evidence in a prosecution are required to be put separately to the accused for his explanation, is the mandate of section 342 of the code of criminal procedure. learned sessions judge has committed an error in not following this mandate. appellant's counsel, in my opinion, is, thus, ..... [1] => ..... accordingly.3. aggrieved by the said order of the writ court, the present lpa has been filed by the respondent-state. along with the lpa, an application under section 5 of the limitation act has been filed for seeking condonation of delay in filing the appeal. it has been pleaded that the judgment impugned was pronounced on 17th of march'06 and ..... [2] => ..... .2. in their reply respondents while stating that while posted in police station, budgam and investigating a criminal case under fir no. 160/87 and 161/87 registered respectively under sections 380 and 392 rfc, the petitioner as investigating officer police, was found to have returned 57 seized golden coins to one gh. qadir sofi after retaining 13 out of 70 ..... as an assistant sub-inspector or sub-inspector, is guilty of grave misconduct of a nature reflecting upon his character or fitness for responsibility or who shows either by specific acts or by his record as a whole, that he is unlit for promotion to higher rank shall be reported to the inspector general of police for removal from list d ..... [3] => ..... anybody on daily wages, work charged or on part time basis de hors the rules. the power to make appointments by the committee or the board whether contained in section 23 or section 26-f of the act are statutory in nature. in absence of any provisions conferred upon them to appoint any employee de hors the provisions of ..... a teacher, he has deputed the petitioner who, as admitted by the petitioner, is only a class iv employee and if he is discharging the duties as teacher, was acting in violation of the directions passed by block education officer, keegam.7. this court at motion stage directed the respondents not to detach the petitioner from the post of ..... sections 23 and 26-f and the regulations framed there-under, indisputably would mean that such appointments are de hors the act and the rules....12. the apex court in a case reported as indian council of agricultural research v. t ..... [4] => ..... report of the concerned analysis or test from the appropriate laboratory or from any other relevant source.17. clause (v) of sub-clause 4 of section 11 of the act empowers forums under the act to examine witnesses on commission.18. while going through the pleadings it appears that the question is whether the documents relied by the complainant (respondent ..... decree shall be construed as a reference to a complaint or the order of the divisional forum thereon.16. procedure applicable to state commission. the procedure specified in sections 10, 11 and 12 and under the rules made thereunder for the disposal of complaints by the divisional forum shall, with such modifications as may be necessary, be ..... .15. in order to determine the issue, it is necessary to notice sub-clauses 4, 5 and 6 of section 11 and section 16 of the act, herein, which read as under:11(4). for the purposes of this section, the divisional forum shall have the same powers as are vested in a civil court under the code of civil ..... [5] => ..... therefore, both of them can claim benefit to the extent that they have caused individually the non-fatal injury. hence both the accused cannot be convicted under section 302, rpc. however, both the accused have participated in the attack on the deceased vijay kumar, therefore, they had the knowledge that the injury given in ..... anju balla, dr. tr gupta, nazir ahmed, constable, ganesh raj sharma, si, isher dass, and sham lal, asi.8. when the appellant accused were examined under section 342, cr.p.c. to explain the incriminating evidence appearing in the prosecution evidence, they have not denied the occurrence. accused shankar dass took the plea that alter ..... the abdomen would likely to cause death, therefore, the act of both the accused will fall under section 304, part-i culpable homicide not amounting to murder. therefore, jeewan lal is convicted under section 304, part-i rpc and taking into consideration the facts and circumstances of the case, ..... [6] => ..... interpreting the policy conditions would apply 'the rule of main purpose' and the concept of 'fundamental breach' to allow defences available to the insured under section 149(2) of the act.14. whether licence was renewed or not that cannot be a ground for holding that driver was not duly licenced and was not having effective licence. ..... was duly licenced driver is illegal erroneous.3. learned counsel for respondents argued that appellant failed to prove that owner committed any breach in terms of section 149 of motor vehicles act. the finding returned by the tribunal is legal one needs no interference.4. the claimants, respondents 3 to 8, filed a claim petition before motor ..... it was held that the insurance company cannot challenge the quantum of compensation awarded by the tribunal. the only ground open to insurer is contained in section 149(2) of the motor vehicles act. in national insurance co. ltd. v. swaran singh and ors. 2004(1) scale 180, this court has held that 'mere absence, fake ..... [7] => ..... doubt about this fact that where there is no gross negligence or deliberate in-action, the courts generally should grant condonation and the word sufficient cause used in section 5 of the limitation act must receive a liberal inter-pretation, so as to advance the cause of justice. in the instant case, there is negligence on the part of the state to ..... [8] => ..... which he had been bestowing on his dependents would thus be the sine-qua-non maintaining a petition by such legal heirs for award of compensation under section 168 of the act.19. the tribunal, in the present case, has not dealt with all these aspects and has in a slip shod manner, recorded its findings on issue ..... deceased before his death.18. it further needs to be noticed that all the legal heirs of the deceased may not be entitled to claim compensation under section 168 of motor vehicles act, 1988, unless it was proved that such legal heirs were dependent financially, emotionally or otherwise on the deceased. the dependency of the legal heirs on ..... earrings.17. it is only when such finding, as aforesaid, is recorded that the tribunal may proceed to determine the just compensation in terms of section 168 of the motor vehicles act. while determining compensation, the tribunal is required to ensure that compensation so awarded to the dependent family of the deceased, even if some part of ..... [9] => ..... of madhya pradesh 2006 cr. l.j. 3640 the apex court while dealing with the cases of murder caused in sudden fight observed:the fourth exception of section 300, ipc covers acts done in a sudden fight. the said exception deals with a case of prosecution not covered by the first exception after which its place would have been ..... out of the provocation engendered by the heat of a sudden quarrel followed by a sudden fight. onus to show it is on the accused under section 105 evidence act. as noticed above we find the appellant has neither taken the plea in his defence during his examination or cross examination nor has established it in evidence. ..... examined as many as 12 witnesses including the fsl experts and the investigating officer. from the evidence led by the prosecution the trial court found that the offence under section 302 rpc was proved against the appellant. the court, therefore, convicted the appellant under the offence. the court in this behalf observed as under:from the discussion ..... ) Explosives Act 1884 Section 4 Definitions - Court Jammu and Kashmir - Year 2006 - Page 3 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: jammu and kashmir Year: 2006 Page 3 of about 32 results (0.186 seconds)

Jul 20 2006 (HC)

Sher Singh Vs. State of J. and K.

Court : Jammu and Kashmir

Decided on : Jul-20-2006

Reported in : 2007CriLJ513

..... sent to him by the police. such is the position of law as to the proving of the contents of a document. chapter iv of the evidence act smvt. 1977, in section 60, provides that oral evidence must in all cases whatever, be direct, that is to say if it refers to an opinion or to the grounds on ..... admissible in evidence. section 510 of the chapter xli of the code of criminal procedure dealing with special rules of evidence, reads thus:510. report of chemical examiner(1) any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government (or the chief inspector of explosive or the director ..... most casual and cursory manner.incriminating circumstances appearing in evidence in a prosecution are required to be put separately to the accused for his explanation, is the mandate of section 342 of the code of criminal procedure. learned sessions judge has committed an error in not following this mandate. appellant's counsel, in my opinion, is, thus, .....

Tag this Judgment!
Dec 05 2006 (HC)

State and ors. Vs. Raghbir Lal Kohli and ors.

Court : Jammu and Kashmir

Decided on : Dec-05-2006

Reported in : 2007(3)JKJ195

..... accordingly.3. aggrieved by the said order of the writ court, the present lpa has been filed by the respondent-state. along with the lpa, an application under section 5 of the limitation act has been filed for seeking condonation of delay in filing the appeal. it has been pleaded that the judgment impugned was pronounced on 17th of march'06 and .....

Tag this Judgment!
Apr 17 2006 (HC)

Abdul Rehman Wani Vs. State and ors.

Court : Jammu and Kashmir

Decided on : Apr-17-2006

Reported in : 2007(1)JKJ156

..... .2. in their reply respondents while stating that while posted in police station, budgam and investigating a criminal case under fir no. 160/87 and 161/87 registered respectively under sections 380 and 392 rfc, the petitioner as investigating officer police, was found to have returned 57 seized golden coins to one gh. qadir sofi after retaining 13 out of 70 ..... as an assistant sub-inspector or sub-inspector, is guilty of grave misconduct of a nature reflecting upon his character or fitness for responsibility or who shows either by specific acts or by his record as a whole, that he is unlit for promotion to higher rank shall be reported to the inspector general of police for removal from list d .....

Tag this Judgment!
Dec 08 2006 (HC)

Mohammad Maqbool Wagay Vs. State of J and K and ors.

Court : Jammu and Kashmir

Decided on : Dec-08-2006

Reported in : 2007(3)JKJ167

..... anybody on daily wages, work charged or on part time basis de hors the rules. the power to make appointments by the committee or the board whether contained in section 23 or section 26-f of the act are statutory in nature. in absence of any provisions conferred upon them to appoint any employee de hors the provisions of ..... a teacher, he has deputed the petitioner who, as admitted by the petitioner, is only a class iv employee and if he is discharging the duties as teacher, was acting in violation of the directions passed by block education officer, keegam.7. this court at motion stage directed the respondents not to detach the petitioner from the post of ..... sections 23 and 26-f and the regulations framed there-under, indisputably would mean that such appointments are de hors the act and the rules....12. the apex court in a case reported as indian council of agricultural research v. t .....

Tag this Judgment!
Mar 22 2006 (HC)

United India Insurance Co. Vs. Mohd. Afzal Lone and ors.

Court : Jammu and Kashmir

Decided on : Mar-22-2006

Reported in : AIR2007J& K20,2007(1)JKJ92

..... report of the concerned analysis or test from the appropriate laboratory or from any other relevant source.17. clause (v) of sub-clause 4 of section 11 of the act empowers forums under the act to examine witnesses on commission.18. while going through the pleadings it appears that the question is whether the documents relied by the complainant (respondent ..... decree shall be construed as a reference to a complaint or the order of the divisional forum thereon.16. procedure applicable to state commission. the procedure specified in sections 10, 11 and 12 and under the rules made thereunder for the disposal of complaints by the divisional forum shall, with such modifications as may be necessary, be ..... .15. in order to determine the issue, it is necessary to notice sub-clauses 4, 5 and 6 of section 11 and section 16 of the act, herein, which read as under:11(4). for the purposes of this section, the divisional forum shall have the same powers as are vested in a civil court under the code of civil .....

Tag this Judgment!
Jun 01 2006 (HC)

State Vs. Jeevan Lal and ors.

Court : Jammu and Kashmir

Decided on : Jun-01-2006

Reported in : 2007CriLJ490

..... therefore, both of them can claim benefit to the extent that they have caused individually the non-fatal injury. hence both the accused cannot be convicted under section 302, rpc. however, both the accused have participated in the attack on the deceased vijay kumar, therefore, they had the knowledge that the injury given in ..... anju balla, dr. tr gupta, nazir ahmed, constable, ganesh raj sharma, si, isher dass, and sham lal, asi.8. when the appellant accused were examined under section 342, cr.p.c. to explain the incriminating evidence appearing in the prosecution evidence, they have not denied the occurrence. accused shankar dass took the plea that alter ..... the abdomen would likely to cause death, therefore, the act of both the accused will fall under section 304, part-i culpable homicide not amounting to murder. therefore, jeewan lal is convicted under section 304, part-i rpc and taking into consideration the facts and circumstances of the case, .....

Tag this Judgment!
Apr 05 2006 (HC)

New India Assurance Co. Vs. Abdul Rashid Rather and ors.

Court : Jammu and Kashmir

Decided on : Apr-05-2006

Reported in : 2007(1)JKJ108

..... interpreting the policy conditions would apply 'the rule of main purpose' and the concept of 'fundamental breach' to allow defences available to the insured under section 149(2) of the act.14. whether licence was renewed or not that cannot be a ground for holding that driver was not duly licenced and was not having effective licence. ..... was duly licenced driver is illegal erroneous.3. learned counsel for respondents argued that appellant failed to prove that owner committed any breach in terms of section 149 of motor vehicles act. the finding returned by the tribunal is legal one needs no interference.4. the claimants, respondents 3 to 8, filed a claim petition before motor ..... it was held that the insurance company cannot challenge the quantum of compensation awarded by the tribunal. the only ground open to insurer is contained in section 149(2) of the motor vehicles act. in national insurance co. ltd. v. swaran singh and ors. 2004(1) scale 180, this court has held that 'mere absence, fake .....

Tag this Judgment!
Dec 27 2006 (HC)

State of J and K Vs. Gh. Nabi Kashkari and ors.

Court : Jammu and Kashmir

Decided on : Dec-27-2006

Reported in : 2007(1)JKJ359

..... doubt about this fact that where there is no gross negligence or deliberate in-action, the courts generally should grant condonation and the word sufficient cause used in section 5 of the limitation act must receive a liberal inter-pretation, so as to advance the cause of justice. in the instant case, there is negligence on the part of the state to .....

Tag this Judgment!
Dec 27 2006 (HC)

Union of India (Uoi) and ors. Vs. Mohammad Yousuf Bhat and ors.

Court : Jammu and Kashmir

Decided on : Dec-27-2006

Reported in : 2007(2)JKJ75

..... which he had been bestowing on his dependents would thus be the sine-qua-non maintaining a petition by such legal heirs for award of compensation under section 168 of the act.19. the tribunal, in the present case, has not dealt with all these aspects and has in a slip shod manner, recorded its findings on issue ..... deceased before his death.18. it further needs to be noticed that all the legal heirs of the deceased may not be entitled to claim compensation under section 168 of motor vehicles act, 1988, unless it was proved that such legal heirs were dependent financially, emotionally or otherwise on the deceased. the dependency of the legal heirs on ..... earrings.17. it is only when such finding, as aforesaid, is recorded that the tribunal may proceed to determine the just compensation in terms of section 168 of the motor vehicles act. while determining compensation, the tribunal is required to ensure that compensation so awarded to the dependent family of the deceased, even if some part of .....

Tag this Judgment!
Dec 27 2006 (HC)

P. Parshotam Vs. State of J and K and ors.

Court : Jammu and Kashmir

Decided on : Dec-27-2006

Reported in : 2007(1)JKJ617

..... of madhya pradesh 2006 cr. l.j. 3640 the apex court while dealing with the cases of murder caused in sudden fight observed:the fourth exception of section 300, ipc covers acts done in a sudden fight. the said exception deals with a case of prosecution not covered by the first exception after which its place would have been ..... out of the provocation engendered by the heat of a sudden quarrel followed by a sudden fight. onus to show it is on the accused under section 105 evidence act. as noticed above we find the appellant has neither taken the plea in his defence during his examination or cross examination nor has established it in evidence. ..... examined as many as 12 witnesses including the fsl experts and the investigating officer. from the evidence led by the prosecution the trial court found that the offence under section 302 rpc was proved against the appellant. the court, therefore, convicted the appellant under the offence. the court in this behalf observed as under:from the discussion .....

Tag this Judgment!




Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //