Court : Supreme Court of India
Decided on : Mar-28-1989
Reported in : 1989Supp(2)SCC152
..... found to contain a hand grenade and some terrorist literature. she was, therefore apprehended and a case was registered against her under sections 3 and 4 of the act and section 5 of the explosive substances act. the designated judge accepted the evidence of pw 3 and the other prosecution witnesses and convicted and sentenced the appellant as stated above ..... three years and to pay a fine of rs 100, in default to undergo simple imprisonment for one month. she has also been convicted under section 5 of the explosive substances act and sentenced to undergo ri for two years, the said sentences to run concurrently with the former sentence.2. the prosecution case was that at ..... not proved in an acceptable manner that what had been seized from the appellant was indeed a hand grenade or any other explosive substance so as to attract the operation of section 3(3) of the act. the appellant is, therefore, entitled to the benefit of doubt. consequently, the appeal is allowed and the conviction and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-29-1989
Reported in : 1989Supp(2)SCC197
..... is on the face of it untenable in the light of sections 6 and 9 of the act. section 6 lays down that if in any area notified by the state government under the act a person contravenes any provision or rule made under the arms act, the explosives act, the explosive substances act and the inflammable substances act then he is liable to enhanced punishment as provided for in ..... the section. section 9 lays down that notwithstanding anything contained in the code, every offence punishable under the act or any rule made thereunder shall be triable only by the designated court within whose local .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-25-1989
Reported in : AIR1989SC1789; 1989CriLJ2101; 1989(3)Crimes16(SC); JT1990(3)SC239; 1989(2)SCALE93; (1989)3SCC596; [1989]3SCR549; 1989(2)LC700(SC)
..... nathu lal's case.8. the high court i hereafter proceeded to consider the further amendment effected to section 7 of the act pursuant to the recommendation of the law commission in its 47th report.9. though for the purpose of the two appeals on hand, it would be ..... as an essential condition of the of fence was excluded so that every contravention whether intentional or otherwise was made an offence under section 7 of the act. thus by introducing these words in section 7 by the aforesaid statutory amendment, (he legislature made its intention explicit and nullified the effect of the supreme court dicta in ..... licence and the provisions of the licensing order. consequently, the collector ordered confiscation of 100 tins of groundnut oil from out of the 3971 ins under section 6(1) of the essential commodities act. on the firm preferring an appeal, the appellate authority, viz. additional sessions judge, kaira at nadiad held 'that clause (11) of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-1989
Reported in : 1989(44)ELT185(SC); 1989(2)SCALE849; (1989)4SCC759a
..... of the cigarettes for the purpose of excise duty. the learned chief justice further observed that the condition for applicability of the inclusive definition of 'value' in section 4(4)(d)(i) of the act is that the goods are delivered at the time of removal 'in a condition' and where this condition is satisfied, the 'value' of the goods would ..... to say, the packing in which the article is contained and in which it is made marketable for the ordinary consumer, must be regarded as falling within section 4(4)(d)(i) of the act, there is often, as in this case, secondary packing which consists of larger cartons in which a standard number of primary cartons (in the sense ..... by the assesses upto the date of delivery under the aforesaid heads cannot on the same grounds, be leducted. this court further observed that the new section 4(4)(d)(i) of he act has made express provision for including the cost of packing in he determination of 'value' for the purpose of excise duty. the packing of which the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-21-1989
Reported in : AIR1990SC560; JT1989(2)SC483; 1989Supp(1)SCC430; [1989]2SCR629
..... be declared invalid.' (pp. 1008-1010) (of scr): (at p. 408 of air).f. das j., who upheld the validity if section 7 of act i, section 2 of act ii and both parts of section 2 of act iii, rested his conclusions on the following reasoning:(i) after expressing the opinion that the principle of non delegability of legislative powers founded either on ..... practical nature to support it and it does not seem to have been abrogated by the constitution.4. the learned judge, however, held that second part of section 2 of act 3 could not be held to be valid for the following reasons air 1951 sc 332:but i also consider that delegation of this kind cannot proceed beyond that ..... fit, to the province of delhi or any part thereof, any enactment which is in force in any pan of british india at the date of such notification.section 2 of act ii: the central government may, by notification in the official gazette, extend to the province of ajmer merwara with such restrictions and modifications as it thinks fit any .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-27-1989
Reported in : AIR1989SC1778; JT1989(3)SC305; 1989(2)SCALE1450; (1989)3SCC558; [1989]3SCR560; 1989(2)LC521(SC)
..... made in such revision application as set out above, shall be subject to any order passed by the state government under section 7f of that act. sub-section (d) of section 2 of the u.p. rent act of 1947 gives an inclusive definition of the term 'district magistrate' and states that the said term would include an officer ..... the general public for the regulation of idling and rent of, and the eviction of tenants from, certain classes of buildings situated in the urban areas. section 21 of this act provides for release of a building under occupation of the tenants, that is, very briefly, for the eviction of tenants from the buildings under tenancy ..... revision petition against that said order was dismissed by the commissioner, rukhilkhand division, as we have already pointed out earlier. the order passed under section 7f of the u.p. rent act of 1947 by the state government also dismissed the revision petition preferred by the tenant to the state government. the order of the state government .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-26-1989
Reported in : AIR1989SC1658; 1989(1)SCALE1564; (1989)3SCC240; 1989(2)LC239(SC)
..... the termination of his tenancy and hence, is covered within the wider definition of the term 'tenant' given in sub-clause (a) of clause (ii) of sub-section (4) of section 2 of the aforesaid act.7. the appeal to be placed on board before a bench of three learned judges of this court after the finding pursuant to this order is received ..... (b) of the said clause runs as follows :(b) any person who was a tenant in respect of such land under a tenancy agreement to which this act is applicable under sub-section (3) of section 1 and who or any of his predecessors in interest had erected any building on such land and who continues in actual physical possession of such land ..... ) means a person liable to pay rent in respect of such land, under a tenancy agreement express or implied.sub-clause (a) of clause (ii) of sub-section (4) of section 2 of the said act runs as follows :(a) any such person as is referred to in sub-clause (1) who continues in possession of the land after the determination of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-29-1989
Reported in : AIR1989SC1614; JT1989(2)SC518; 1989(1)SCALE1091; (1989)2SCC557; [1989]2SCR152; 1989(2)LC295(SC); 2(1989)WLN(Rev)90
..... law to any case, not already finally concluded thereunder, as impermissible in law as unreasonable in its consequences if permitted. it was urged that section 3 of the 1973 act was a clinching indicator in this behalf when it provided that the provisions of the later law 'shall have effect notwithstanding anything inconsistent contained ..... the provisions of the new enactment would have to be looked into not for the purpose of ascertaining whether the consequences envisaged by section 6 of the general clauses act ensued or not ..sec. 6 would indeed be attracted unless the new legislation manifests a contrary intention but only for the purpose of determining whether the ..... even if there is simultaneous enactment unless a contrary intention can be gathered from the new enactment. of course, the consequences laid down in section 6 of the act will apply only when a statute or regulation having the force of a statute is actually repealed....addressing itself to the question whether, having regard .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-19-1989
Reported in : AIR1989SC979; JT1989(1)SC165; 1989(1)SCALE191; 1989Supp(1)SCC281; [1989]1SCR273; [1989]73STC55(SC); 1989(1)LC465(SC)
..... this unit is eligible to get exemption from sales tax/inter state sales tax...with effect from date of production commencement for 5-6-7 years under section 4-a of the sales tax act vide g.o. no. 8244-bha/l8-l 1-231(a) bha/39, dated4. the difficulty in the appellant's way appears to have been created ..... tax in respect of the goods manufactured by it in terms of a notification issued by the state government on 30.9.1982 under section 4a of the uttar pradesh sales tax act, 1948 (hereinafter called the 'act'). this application was rejected by a division level committee by an order dated 9.2.1987 and a further review application was also dismissed ..... denial of the exemption, which it claims it is entitled to, the appellant has preferred this appeal.section 4a of the act reads as under:4-a. exemption from sales tax of certain goods for specified period-(1) notwithstanding anything contained in section 3 or section 3-a, where the state government is of the opinion that it is necessary so to do .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-01-1989
Reported in : AIR1990SC255; [1989(59)FLR770]; JT1989(3)SC310; (1989)IILLJ572SC; 1989(2)SCALE158; (1989)3SCC582; (1989)3SCC582a; [1989]3SCR640; 1989(2)LC612(SC)
..... :this argument must be rejected, because when the appropriate government considers the question as to whether a reference should be made under section 12(5), it has to act under section 10(1) of the act and section 10(1) confers discretion on the appropriate government either to refer the dispute, or not to refer it, for industrial adjudication according ..... that the notice has been frivolously or veraciously given or that it would b inexpedient so to do, make a reference under this sub-section notwithstanding that any other proceedings under this act in respect of the dispute may have commenced; provided also that where the dispute in relation to which the central government is the appropriate ..... court came to the conclusion that the civil court has the jurisdiction to try the suit and the suit is not barred because of section 14(1)(b) of the specific relief act. against this order of the trial court a revision petition was taken to the high court and by the impugned judgment the high court .....
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