Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: us supreme court Year: 1989 Page 3 of about 104 results (0.464 seconds)

Volt Inf. Sciences Vs. Stanford Univ.

Court : US Supreme Court

..... a waiver whose validity must be judged by reference to federal, rather than state, law, fundamentally misconceives the nature of the rights created by the faa. section 4 of that act does not confer an absolute right to compel arbitration, but only a right to obtain an order directing that "arbitration proceed in the manner provided for in ..... co., 417 u. s. 506 , 417 u. s. 511 (1974) (quoting h.r.rep. no. 96, 68th cong., 1st sess., 1, 2 (1924)). section 2 of the act therefore declares that a written agreement to arbitrate in any contract involving interstate commerce or a maritime transaction "shall be valid, irrevocable, and enforceable, save upon such grounds as ..... supra, at 465 u. s. 16 , n. 10 (expressly reserving the question whether " 3 and 4 of the arbitration act apply to proceedings in state courts"); see also id. at 29 (o'connor, j., dissenting) (sections 3 and 4 of the faa apply only in federal court). justice brennan, with whom justice marshall joins, dissenting. the litigants .....

Pandurang Ramchandra Mandlik (Since Deceased) by His Lrs. and anr. Vs. ...

Court : Supreme Court of India

Reported in : AIR1989SC2240; JT1989(3)SC647; 1989(2)SCALE572; 1989Supp(2)SCC627; [1989]2SCR1; [1989]Supp2SCR1

..... 78 was not taken note of, the issue would arise whether the plaintiff was an agriculturist and in view of the provisions of section 70(a) read with section 85 and section 85a of the act, the issue would have to be referred to the mamlatdar for decision as the civil court would have no jurisdiction to decide the issue ..... inferred, but that such exclusion must either be explicitly expressed or clearly implied.in our opinion, there is nothing in the language or context of section 70 or section 85 of the act to suggest that the jurisdiction of the civil court is expressly or by necessary implication barred with regard to the question whether the defendants had ..... the suit lands and mesne profits averring that the lease was fraudulently obtained by the respondents. the respondents contended that they became statutory owners under section 32 or section 88 of the act and the civil court had no jurisdiction to decide the suit. the trial court decreed the suit and on appeal the high court held that .....

State of Gujarat and anr. Vs. Kamlaben Jivanbhai and ors.

Court : Supreme Court of India

Reported in : AIR1989SC1485; (1989)2GLR1378; JT1989(2)SC163; 1989(1)SCALE1039; 1989Supp(2)SCC440; [1989]2SCR687; 1989(2)LC121(SC)

..... , therefore, hold that the view taken by the high court that if the transaction in question is construed as covered by sub-clause (d) of clause (3) of section 2 of the act, the act would become void to that extent is not correct. we are of the view that the legislation has the effect of validly extinguishing the right of the respondents ..... , fire-wood and timber from the gir forest belonging to the state of junagadh had been declared in a decree (exhibit 21) passed by the rajasthanik court on april 14, 1884. by a further agreement dated 10th august, 1914 (exhibit 24) which had been arrived at between jiva vala, descendant of harsurvala and the state of junagadh, the state of junagadh .....

State of Tamil Nadu Vs. Shakti Estate, Tamil Nadu

Court : Supreme Court of India

Reported in : AIR1989SC945; JT1989(1)SC191; 1989(1)SCALE252; (1989)1SCC636; [1989]1SCR408; [1989]73STC209(SC); 1989(1)LC571(SC)

..... any transaction' in connection with or incidental or ancillary to the business of coffee plantation and would therefore, fall within the definition of 'business' under section 2(d) of the act.we agree.12. three decisions of this court were also referred to by counsel. state v. burmah shell 1973 stc 426 and district controller of stores ..... of spontaneous growth in a plantation. but that decision clearly turned on the specific language of the definition of 'dealer' contained in section 2(viii)(e) of the kerala general sales tax act, 1963, and does not lay down any general proposition as contended for on behalf of the assessees.14. for the reasons discussed ..... ,6. the answer to the question posed depends on the interpretation of the expressions 'dealer' and 'business', as defined under the tamil nadu general sales tax act. these definitions read thus:business includes:(i) any trade, or commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture whether .....

State of Tamil Nadu Vs. Mahi Traders and ors.

Court : Supreme Court of India

Reported in : AIR1989SC1167; 1989(22)ECC1; 1989(23)LC193(SC); 1989(40)ELT266(SC); JT1989(1)SC196; 1989(1)SCALE267; (1989)1SCC724; [1989]1SCR445; [1989]73STC228(SC); 1989(1)LC593(SC)

..... the high court on this point has been reported as mahi traders v. state of tamil nadu : (1980) 45 s.t.c. 327.3. the relevant entry in section 14 of the cst act reads:14(1)(iii) hides and skins, whether in a raw or dressed state.the short case of the department is : (a) that leather splits or cuttings are ..... of getting leather of uniform thickness from dressed skins. such splits cannot be treated as dressed hides and declared goods. the expression 'raw or dressed skin' in section 14 of the central sales tax act has a distinct connotation and it cannot be extended to leather bits obtained in a process. these splits are of much lesser value and cannot be equated ..... finishing touches.5. we have heard learned counsel on both sides at length and come to the conclusion that the assessees are entitled to the benefit of sections 14 and 15 of the cst act in respect of the two items in question. as far as the first item is concerned, it is common ground that leather splits are nothing but cut .....

Smt. Kasturi (Dead) by Lrs Vs. Gaon Sabha

Court : Supreme Court of India

Reported in : JT1989(3)SC228; 1989(2)SCALE77; (1989)4SCC55; [1989]3SCR591; 1990(1)LC11(SC)

..... paragraph 4(d) of the plaint, plaintiff pleaded that the suit land was not 'land' and was not banjar (waste) and did not come within section 154(1)(i) to (vii) of the act and, therefore, there was no vesting in law. the proprietor, according to the plaintiff, grew fuel wood and partly used the property as ghat wars ..... . 4. the only other submission advanced on behalf of the plaintiff for our consideration is that the disputed property did not constitute 'land' as defined in section 3(13) of the act and, therefore, the right, title and interest of the appellant as proprietor of the property was in no way affected by the provisions of the ..... the case of haiti v. sunder singh : [1971]2scr163 settled the legal position that a claim under section 11 of the act for declaration of bhumidari right was not maintainable in the civil court in view of section 185 of the act read with schedule i and exclusive jurisdiction for adjudication of such claims vested in the appropriate revenue court. .....

Elel Hotels and Investments Limited and ors. Vs. Union of India

Court : Supreme Court of India

Reported in : AIR1990SC1664; (1989)77CTR(SC)168; [1989]178ITR140(SC); (1989)3SCC698; [1989]2SCR880; [1989]74STC146(SC); 1989(2)LC391(SC)

..... the previous year are rs. 75/- or more per day per individual. if a hotel is within this class then section 5 brings to charge the hotel's 'chargeable-receipts' as defined under section 6 of the act.the act was passed on 4-12-1980 and came into force on 9-12-1980 when it received the assent of the president ..... a bearing on the application of the contentions urged in support of the challenge to the constitutionality of the act, section 3 reads:3. (1) subject to the provisions of sub-section (2) and sub-section (3), this act shall apply in relation to every hotel wherein the room charges for residential accommodation provided to any person at any time during the ..... hotel or any place appurtenant thereto and where the hotel is situate in a part of building, in any other part of the building.section 6 provides:6(1) subject to the provisions of this act, the chargeable receipts of any previous year of an assessee shall be the total amount of all charges, by whatever name called, received by .....

Majati Subbarao Vs. P.V.K. Krishna Rao (Deceased) by Lrs.

Court : Supreme Court of India

Reported in : AIR1989SC2187; JT1989(3)SC694; 1989(2)SCALE602; (1989)4SCC732; [1989]Supp1SCR153

..... judgment that in providing this ground for eviction, the legislature of the state of rajasthan decided to give effect to the provisions of clause (g) of section 111 of the transfer of property act, the judgment now where lays down that the denial of title must be anterior to the eviction petition nor does it say that the provisions relating ..... in the case before us, we find that the denial of landlord's title by the tenant has been expressly made a ground for eviction under section 10(2)(vi) of the a.p. rent act which we have already set out earlier. in view of this, the entire basis for the argument that the denial of title must be anterior ..... in the state of andhra pradesh. section 10 of the a.p. rent act deals with eviction of tenants. sub-section (1) of that section prohibits eviction of tenants except in accordance with the provisions of that section or sections 12 and 13 of that act. the relevant part of sub-section (2) of section 10 of the a. p. rent act runs as follows:(2) a landlord .....

Collector of Customs, Bombay Vs. K. Mohan and Co. Exports

Court : Supreme Court of India

Reported in : AIR1989SC2250; 1989(25)LC1(SC); 1989(43)ELT811(SC); JT1989(3)SC740; 1989(2)SCALE712; 1989Supp(2)SCC337; [1989]Supp1SCR231; 1990(1)LC110(SC)

..... a well-known, distinct and independent category of plastic article known to commerce.(4) there is a like distinction maintained even by the notification issued under section 25 of the customs act in regard to items falling within chap. 39 of the first schedule to ceta. notification no. 227 dated 2-8-1976 limits the rate of duty ..... of film rolls several metres long. they were cleared on payment of customs duty leviable under the customs act, 1962 (ca) as well as the additional duty of customs (or countervailing duty) leviable under section 3 of the customs tariff act, 1975 (cta). subsequently, the respondent firm made three applications for the refund of the amount of the ..... -1976, an exemption from the customs duty payable under section 3 of the cta was granted in respect of 'articles made of plastics, all sorts, but excluding those specified in the table annexed hereto and falling within chapter 39 of the first schedule to the customs tariff act, 1975 (51 of 1975)'. the annexed table excepted .....

Pramod Mahto and ors. Vs. State of Bihar

Court : Supreme Court of India

Reported in : AIR1989SC1475; 1989CriLJ1479; JT1989(3)SC494; 1989(1)SCALE1045; 1989Supp(2)SCC672

..... be deemed to have committed gang rape within the meaning of this sub-section.10. this explanation has been introduced by the legislature with a view to effectively deal with the ..... the appellants. once it is established that the appellants had acted in concert and entered the house of the victims and thereafter raped pw 1 jaiboon nisa, then all of them would be guilty under section 376 ipc in terms of explanation i to clause (g) of sub-section (2) of section 376 ipc irrespective of whether she had been raped by one ..... or more them. the explanation in question reads as under :where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall .....