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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: mumbai Year: 2006 Page 1 of about 612 results (0.060 seconds)

Feb 24 2006 (HC)

Adnan Bilal Mulla Vs. the State Through D.C.B., C.i.D.

Court : Mumbai

Decided on : Feb-24-2006

Reported in : 2006BomCR(Cri)581

..... includes section 120-b, 121-a and 122 of ipc, as also sections 3, 4, 5 and 20 of pota. section 121-a ipc reads as follows;-section 121-a. whoever, within or without india conspires to commit any ..... conspiracy for waging war against the government, we have referred to sections applied in the charge-sheet, the details of which are furnished in the written submission exhibit a, under the head 'iv-sections apply'. the list indicates application of various provisions of prevention of damage of public property act, 1984, explosives substances act, explosives act and various provisions of indian penal code and pota. the list .....

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Apr 25 2006 (TRI)

Shri Vishan Shamlal Milwani and Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Apr-25-2006

Reported in : (2006)(109)ECC113

..... the goods. they did not have the capacity to manufacture the entire goods stated to have been clandestinely removed that their manufacture of fireworks is governed under the explosive act and so the production cannot be concealed and that they cannot work during night as electricity is not used in the premises as the heat generated by electricity can ..... possible for them to remove calendestinely finished goods valued at rs. 1.36 crores from the factory premises.10. as regards penalty it was submitted that penalty under section 11ac is not mandatory as has been held in a number of decisions and since no clandestine clearances have been effected the penalty is not imposable at all.11 ..... as in case of clandestine removal all facts cannot be similar and each case has to be judged on its own merits.15. as regards the mandatory penalty under section 11ac, we hold that the penalty is the maximum penalty provided and not equivalent penalty and we are inclined to reduce this penalty to rs. 5 lakhs only .....

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Aug 14 2006 (HC)

Nandkishore S/O Mohan Lal Lahoti Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Aug-14-2006

Reported in : 2007(1)ALLMR103; 2006(6)MhLj552

..... power which has been delegated to the district magistrate cannot be exercised by the additional district magistrate. because the powers of granting consent under section 7 of the explosive substances act, 1908 have been delegated by the central government to the district magistrate.thus, the ratio in the above referred cases is clear that ..... collector. there was no prohibition on the commission to delegate the powers of hearing to the deputy collectors as is permissible under sub-section (2) of section 10a of the act, but the commission delegated these powers to the collectors. the collectors of districts aurangabad and parbhani in the present two matters further delegated ..... petitions on the ground that the state election commissioner did not delegate his powers to the sub divisional officers as authorized under sub-section (2) of section 10a of the act. the action of sub-divisional officers is tried to be justified on behalf of the respondents stating that the election commissioner himself .....

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Dec 11 2006 (HC)

Javed @ Java Ahmed Mohammed Akbar Bhatt and ors. Vs. the State of Maha ...

Court : Mumbai

Decided on : Dec-11-2006

Reported in : 2007CriLJ1386

..... been committed by the accused. according to the well known commentary on the indian penal code by ratanlal & dhirajlal the ingredients required to be proved for an act to constitute an offence under section 122 are: (i) there must be a collection of men, arms or ammunition; (ii) such a collection should be with the intention of either ..... often said that the number of force, the manner in which they are arrayed, armed or equipped is immaterial. even a limited number of persons who carry powerful explosives and missiles without regard to their own safety can cause more devastating damage than a large group of persons armed with ordinary weapons or firearms. then, the other settled ..... and design to wage war against the established government exists or the offence falls short of it.for instance, the firepower or the devastating potential of the arms and explosives that may be carried by a group of persons - may be large or small, as in the present case, and the scale of violence that follows may .....

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Jul 03 2006 (TRI)

Kesari Steels Ltd., Kotdwar Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Jul-03-2006

Reported in : (2006)(113)ECC327

..... material is found in the consignment. this is not in dispute. the commissioner of customs found that the goods are liable for confiscation under section 111(d) of customs act, 1962 on the ground that the appellants have not produced pre-shipment certificate. therefore, the commissioner of customs, kandla in all the cases ..... and the exporter stipulating that the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radio active contaminated, or any other explosive material in any form either used or otherwise.4. in the present cases, importer did not furnish sale contract document, but however furnished pre-shipment certificate ..... 28 to the effect that: a) the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radio active contaminated or any other explosive material in any form either used or otherwise. waste/scrap/seconds/defective as per the internationally accepted parameters for such a classification. c) copy of the .....

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Sep 13 2006 (HC)

A.S. Shirsat Vs. State of Maharashtra and 12 ors.

Court : Mumbai

Decided on : Sep-13-2006

Reported in : 2006(6)BomCR273; 2007CriLJ548

..... to the additional chief secretary, home department, bombay in a sensitive case involving a notorious gangster and pertaining to the illegal smuggling and concealment of arms and explosives. the joint commissioner of police proposed his name keeping in view the experience of the respondent no. 3 in such important matters as a prosecutor and forwarded shri ..... public prosecutors. rules 21 and 22 thereof read thus:' 21. appointment of special public prosecutor -(1) the remembrancer of legal affairs shall appoint under sub-section (8) of section 24 of the code of criminal procedure, any person, who has been in practice as an advocate for not less than ten years, as a special ..... nikam's consent to act as prosecutor in the said matter. the proposal for appointment of the respondent no. 3 as special public prosecutor was processed by various authorities of the state .....

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May 03 2006 (TRI)

Arti Impex Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : May-03-2006

..... the consignment does not contain any type of arms, ammunition, cartridges, shells, mines, radio active contaminated or any other explosive material. in the absence of such certificate the consignment was seized and confiscated under provisions of section 111(d) of the customs act, 1962 with an option to redeem the same on payment of fine of rs. 1,75,000/-. a penalty of .....

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Jun 05 2006 (TRI)

Amitabh Bachchan Corpn. Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jun-05-2006

..... machinery ltd. (supra)), the question was allowallibility of expenditure on technical know-how for five years. at page 688, the hon'ble delhi high court held that section 37(1) of the act requires that the expenditure should not be of a capital nature. the court held, the question whether a particular expenditure is revenue, incurred for the purpose of business ..... and spread over a period of sixteen years.31. the learned dr further relied upon the decision of the hon'ble calcutta high court in the case of indian explosives ltd v. cit wherein expenditure for constructing a building on land taken or licence for a period of ten years with an option for renewal for another ten years, ..... , shri y.p. trivedi and shri v.h. patil. according to them, this is to be treated as revenue expenditure and claimed to be allowable under section 37(l) of the act.8. assessing officer rejected assessec's claim on the basis of the decision of the hon'ble supreme court in the case of empire jute co.ltd. v .....

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May 05 2006 (HC)

Sarojini W/O Motisao Sarodaya and ors. Vs. State of Maharashtra and or ...

Court : Mumbai

Decided on : May-05-2006

Reported in : 2006(6)BomCR171; 2006(5)MhLj573

..... development existing as on 1-1-2001 are eligible to apply to the planning authority for regularisation as per procedure provided in section 4 of the gunthewari act. section 4 of the gunthewari act stipulates that the concerned plot-holder is required to apply for regularisation of the gunthewari development within a period of six ..... in the impugned order, it appears that the chairman, nagpur improvement trust has wrongly construed the requirement under clause (a) of sub-section (2) of section 4 of the gunthewari act by holding that plot-holders are required to submit documentary proof of ownership and lawful possession of plots and, therefore, asked the nelco ..... be re-considered by the chairman, nagpur improvement trust in the light of interpretation arrived at by us in respect of relevant provisions of the gunthewari act particularly section 4 as well as other observations made in the present judgment on the basis of following aspects and points:(i) whether land in question bearing survey .....

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Dec 18 2006 (HC)

St. Ulai High School Through Its Principal and Shri Adishakti Hindi Pr ...

Court : Mumbai

Decided on : Dec-18-2006

Reported in : 2007(2)ALLMR1; 2007(1)BomCR540; (2007)109BOMLR60; 2007(1)MhLj597

..... , hold as follows:-(i) in respect of those matters upon which an appeal lies to the tribunal under clauses (a) and (b) of sub-section (1) of section 9 of the meps act, 1977, the jurisdiction of the civil court is impliedly barred;-(ii) the decisions of the learned single judges of this court in janata janardan shikshan sanstha ..... of this court (d.k. deshmukh, j.) in mohammad salam anamul haque v. s.a. azmi 2001 (1) mh. l.j. 249. sub-section (1) of section 10 of the act provides that for the purposes of admission hearing and disposal of appeals, the tribunal shall have the same powers as are vested in an appellate court under ..... legislation cannot override the provisions of legislation made by the competent legislature. delegated legislation cannot rise above the source to which it owes its existence. section 9(1) of the act is prefaced by a non-obstante provision and the jurisdiction that has been conferred upon the tribunal is notwithstanding anything contained in any law or contract .....

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