Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: supreme court of india Year: 2006 Page 23 of about 337 results (0.085 seconds)

Commr. of Central Excise and Customs, Surat-ii Vs. Nirmala Dyechem and ...

Court : Supreme Court of India

Reported in : 2007(207)ELT161(SC); 2006(14)SCALE69

..... remitting it to the commissioner. we, however, make it clear that in the facts and circumstances of this case, the extended period of limitation as provided for in section 11ac of the central excise act, 1944, shall not apply.6. we, therefore, set aside the impugned judgment and remit the matter to the commissioner for consideration afresh in the light of the ..... various products including a product called 'domex power cleaner/domex all around home cleaner'. the assessee had been classifying this product under heading 38.08 of the central excise tariff act as a disinfectant. the claim of the revenue, however, is that the aforesaid product is liable to be classified under the central excise tariff heading 34.02. the question, therefore .....

State of Karnataka and ors. Vs. Kgsd Canteen Employees Welfare Associa ...

Court : Supreme Court of India

Reported in : AIR2006SC845; 2006(1)CTC414; [2006(109)FLR18]; JT2006(1)SC84; 2006(2)KarLJ1; (2006)ILLJ691SC; RLW2006(2)SC1156; 2006(1)SCALE85; (2006)1SCC567; 2006(2)SLJ129(SC)

..... persons working in the canteen would be the employees of the establishment. therefore, even assuming that respondent 1 is a specified industry within the meaning of section 46 of the factories act, 1946, this by itself would not lead to the inevitable conclusion that the employees in the canteen are the employees of respondent 1.28. in ..... it may be carried out wholly or substantially by the establishment itself or the burden may be delegated to an independent contractor. there is nothing in section 46 of the factories act, nor has any provision of any other statute been pointed out to us by the appellants, which provides for the mode in which the specified ..... in the saraspur mills co. ltd. v. ramanlal chimanlal and ors. : (1973)iillj130sc where the management was under a statutory obligation in terms of section 46 of the factories act and the rules made thereunder to maintain the canteen for the workers which was being run by a co-operative society wherewith the management had nothing to .....

National Insurance Co. Ltd. Vs. Kusum Rai and ors.

Court : Supreme Court of India

Reported in : II(2006)ACC19; 2006ACJ1336; AIR2006SC3440; 2006(3)ALT81(SC); 2006(2)AWC1918(SC); [2006]131CompCas391(SC); II(2006)CPJ8(SC); 2006(2)CTC347; (2006)3GLR2224; [2006(3)JCR288(SC

..... of the contract of insurance is a matter which comes within the purview of any of the 'statutory defences' which can be raised by an insurer under sub-section (2) of section 149 of the act. the statutory bar as regards raising a defence on the part of the insurance company is confined to the quantum of damages only.7. the learned cousel ..... the awarded amount to the claimants and recover the same from the owner of the vehicle.8. in a proceeding arising out of a claim petition filed under section 166 of the motor vehicles act, the insurance company is a necessary party as it is required to indemnify the owner or driver of the vehicle. even in a case where the owner ..... vehicle had expired on 20-11-1982 and the driver did not apply for renewal within 30 days of the expiry of the said licence, as required under section 11 of the motor vehicles act, 1939. it is also not disputed that the driver of the vehicle did not have driving licence when the accident took place. according to the terms of .....

Rapanos Vs. United States

Court : US Supreme Court

..... pollute navigable waters located any appreciable distance from them lacks credibility. r. pierce, technical principles related to establishing the limits of jurisdiction for section 404 of the clean water act 34 40 (apr. 2003), available at www.wetlandtraining.com/tpreljscwa.pdf, cited in brief for international council of shopping centers et al. ..... , 354 f. 3d 340 (ca5 2003) (reading waters of the united states narrowly as used in the oil pollution act of 1990). footnote 6 indeed, [t]he corps approves virtually all section 404 permit[s], though often requiring applicants to avoid or mitigate impacts to wetlands and other waters. gao report 8. footnote ..... (a) authorizes the administrator of the epa to issue a permit for the discharge of any pollutant, notwithstanding section 1311(a) of this title. section 1344 authorizes the secretary of the army, acting through the corps, to issue permits for the discharge of dredged or fill material into the navigable waters at specified disposal sites .....

Arbaugh Vs. Y and H Corp.

Court : US Supreme Court

..... a person . 2000e(b).[ footnote 1 ] this employee-numerosity requirement[ footnote 2 ] appears in a section headed definitions, 2000e, which also prescribes the meaning, for title vii purposes, of 12 other terms used in the act.[ footnote 3 ] congress has broadly authorized the federal courts to exercise subject-matter jurisdiction over all civil ..... s., at 247.[ footnote 9 ] the basic statutory grants of federal-court subject-matter jurisdiction are contained in 28 u. s. c. 1331 and 1332. section 1331 provides for [f]ederal-question jurisdiction, 1332 for [d]iversity of citizenship jurisdiction. a plaintiff properly invokes 1331 jurisdiction when she pleads a colorable claim ..... vii contains a separate jurisdictional provision, 42 u. s. c. 2000e 6(b), authorizing suits by the government to enjoin pattern or practice discrimination. footnote 5 section 1367(a) states: except as provided in subsections (b) and (c) or as expressly provided otherwise by federal statute, in any civil action of which .....

indu Shekhar Singh and ors. Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR2006SC2432; 2006(4)ALD66(SC); 2006(3)AWC2187(SC); JT2006(5)SC260; (2006)4MLJ135(SC); 2006(5)SCALE107; (2006)8SCC129

..... employees officers and other employeeswho are finally absorbed in the who are finally absorbed in theservice under sub-section (2) service under sub-section (2)of section 5-a of the act shall of section 5-a of the act shallbe determined on the criterion be determined on the criterionof continuous length of service of continuous length of ..... services of the employees concerned. the said decisions, in our considered view, have no application in this case, having regard to the provisions of section 5-a of the act, in terms whereof no provision exists for recruitment of deputationists. recruitment of deputationists, in fact, is excluded therefrom.in the instant case while exercising, ..... and sushil chandra dwivedi being already in the services of the development authority, were not required to opt for centralised service in terms of section 5-a of the act and rule 7 of the rules, whereas jal nigam being not a development authority and its services having not merged in the centralised service, .....

Syndicate Bank Vs. Channaveerappa Beleri and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1874; 2006(2)AWC2061(SC); II(2006)BC579(SC); [2006]131CompCas303(SC); JT2006(4)SC579; 2006(4)KarLJ276; (2006)3MLJ5(SC); RLW2006(3)SC2105; 2006(4)SCALE368; (2006)11

..... the relevant statutory provisions, the terms of the guarantee and the decision of this court relied on by both parties.5.1 section 126, 128, 129 and 130 of contract act, 1872 are extracted below:section 126. 'contract of guarantee,' 'surety,' 'principal-debtor' and 'creditor' - a 'contract of guarantee' is a contract ..... transactions is called a 'continuing guarantee.section 130. revocation of continuing guarantee - a continuing guarantee may at any time be revoked by the surety, as to future transactions, by notice to the creditor.5.2 the relevant articles in the schedule to the limitation act, 1963 are extracted below:---------------------------------------------------------------------------------article ..... could be said to have commenced running. limitation would only run from the date of breach under article 115 of the schedule to the limitation act, 1908. when the bombay high court considered the matter in the first instance and held that the suit was not barred by limitation. j. .....

Hindustan Zinc Ltd. Vs. Friends Coal Carbonisation

Court : Supreme Court of India

Reported in : 2006(2)ARBLR20(SC); 2006(2)AWC2071(SC); (2006)5CompLJ421(SC); JT2006(4)SC392; 2006(5)MhLj1; 2006MPLJ453(SC); 2007(1)SCALE1; (2006)4SCC445

..... 17,646.00--------------------------------------------------------------------the respondent, however, was not satisfied with the judgment of the trial court. it filed an appeal before the rajasthan high court under section 37 of the act. a learned single judge allowed the said appeal by judgment dated 17.8.2001, and set aside the judgment dated 3.2.1999 of the trial ..... the award dated 17.1.1998 was upheld in entirety. the learned single judge held that having regard to the scope of interference under section 34(2)(b) of the act, the trial court could not have examined the terms of the contract nor interpret them for the purpose of deciding whether the claims were ..... full and final settlement of all claims of the claimants referred to us for our adjudication.8. the appellant filed a petition under section 34 of the arbitration and conciliation act, 1996 (for short the 'act') numbered as civil suit no. 2/1998 on the file of the additional district judge (no.ii), udaipur, praying that the .....

Mohinder Singh and ors. Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR2006SC1639; JT2006(4)SC96; 2006(3)SCALE507; (2006)10SCC418; 2006(1)LC696(SC)

..... payment of fine to further singh undergo rigorous imprisonment naginder for three months, each for singh causing grievous hurt to gurbans singh and mukhtiar singh.(viii) naginder under section to undergo rigorous singh 325 i.p.c. imprisonment for a period of two sukhdev years and to pay a fine of rs. singh 1000/- each and ..... of the assembly which constitutes five or more persons, have common object and that they acted as an assembly to achieve that object. in substance, section 149 makes every member of the common unlawful assembly responsible as a member for the act of each and all merely because he is a member of the unlawful assembly with common ..... being fastened vicariously by reference to either clause of section 149 ipc, merely because a criminal act was committed by a member of the assembly, every other member thereof would not necessarily become liable for such criminal act. the inference as to likelihood of the commission of the given criminal act must be capable of being held to be .....

New India Assurance Co. Ltd. Vs. Satender and ors.

Court : Supreme Court of India

Reported in : 2007ACJ160; AIR2007SC324; 2007(1)ALD1(SC); 2007(1)ALT26(SC); 2007(1)AWC406(SC); [2007(1)JCR137(SC)]; JT2006(10)SC234; 2006(4)KLT974(SC); (2007)2MLJ265(SC); RLW2007(3)SC2126

..... and anr. v. jasbir kaur and ors. : air2003sc3696 ) it was held as under:7. it has to be kept in view that the tribunal constituted under the act as provided in section 168 is required to make an award determining the amount of compensation which is to be in the real sense 'damages' which in turn appears to it to be ..... which was the subject matter of insurance with the appellant. as a result of the accident, said child died. a claim petition was filed under section 166 of the motor vehicles act, 1988 (in short the 'act') claiming compensation. the mact found that the child was not earning and, therefore, the compensation has to be assessed on the basis of notional income ..... fixed is unrealistic. if mact made a reference to the second schedule, it should have awarded the amount on the basis of the amount indicated in the schedule. by acting on mere surmises and conjectures, mact should not have held that the notional income is to be taken at rs. 30,000/- p.a. multiplier adopted is also on .....