Court : Andhra Pradesh
Reported in : 2004(1)ALD164; 2004(1)ALT306
..... tariff act. thus the imports of ammonium nitrate of explosive grade in bulk under the guise of fertilizer grade ammonium nitrate and its onward sales to the explosive industry is in clear breach of the restriction imposed by chapter vi of the said order and in particular section 19(a), (c)(iii), (vi) and section 25 ..... of respondent no. 5 also states that the chief controller of explosives, department of explosives, nagpur, by his letter dated 26.2.2003 clarified that the item ammonium nitrate is itself not an explosive and does not come under the purview of the explosive act and the rules administered by the department. the government of india ..... issued fertilizer control order, 1985 under essential commodities act, which contains specification of fertilizers sold in the country, method of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100
..... to believe that the provisions of this section for such carriage are not complied with.(6) nothing in this section shall be construed to derogate from the provisions of the indian explosives act, 1884 (4 of 1884), or any rule or order made under that act, and nothing in sub-sections (4) and (5) shall be construed ..... presumption of law or 'conclusive proof.'classes (i), (ii) and (iii) are indicated in clauses (1), (2) and (3) respectively, of section 4, evidence act. 'presumption of facts' are inferences of certain fact patterns drawn from the experience and observation of the common course of nature, the constitution of the human mind ..... holder dies in any untoward incident, his legal heirs are entitled to seek compensation............................ .............................under sub-clause (2) of clause (c) of section 123 of the act, after the incident of accidental falling of any passenger from a train carrying passengers is also brought within the ambit of 'untoward incident'. that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD191
..... 2-8-2003 stating that it is desirable to obtain no objection certificates for development of the neighbouring land into residential land from the chief controller of explosives, pollution control board and director of factories. the 2nd respondent replied through its letter dated 5-10-2003. this reply refers to the views expressed ..... 3rd respondent has accorded its permission to convert the lands for non-agricultural purpose. the gram panchayat gave its consent. being the competent authority under the act, the approval of the 1st respondent is needed for such layout. the panchayat secretary of the village forwarded the applications to the 1st respondent together with ..... cannot be sustained in law. according to them, none of the grounds fit into the criteria laid down under the a.p. town planning act (for short 'the act') and the rules made thereunder, and thereby the applications stood rejected on extraneous reasons and considerations.6. the matter underwent several adjournments and the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD(Cri)894; 2004(3)ALT723
..... and scheduled tribes (prevention of atrocities) act, 1993, explosive substances act, 1908, explosives act, 1884, indian arms act, 1959, prevention of terrorism act, 2001 and andhra pradesh control of organised crimes act, 2001 who had been sentenced to imprisonment for life.(vi) prisoner convicted for crimes against women, under sections 366, 366-a, 366-b, 367 ..... , 372, 373, 376, 304(b) of ipc, 1860 and dowry prohibition act ..... 3. the petitioner thus alleged that government in furtherance of the object of law and in exercise of powers under section, 59 of the prisons act and the a.p. prison rules, 1979 has constituted various committees for recommending remission of sentences in respect of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD111
..... lordships of the supreme court considering the words of expression 'arise out of as used in section 92(a) of the old act having reviewed the case law on that aspect held in para 36 as follows:'36. was the accident involving explosion and fire in the petrol tanker connected with the use of tanker as a motor vehicle? in ..... where an application for permission is erroneously rejected the' insurer can challenge only that part of the order while filing appeal on grounds specified in sub-section (2) of section 149(2) of 1988 act. but such application for permission has to be bona fide and filed at the stage when the insured is required to lead his evidence. so ..... agitation throughout the world to make the liability for damages arising out of motor vehicle accidents as a liability without fault.'37. to my mind, the charging-sections under motor vehicles act did not speak of strict liability to plead and to prove negligence on the part of the driver of the vehicle involved in the accident. the courts .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD(Cri)689; 2005CriLJ1315
..... is likely to cause death, or by means of fire, or any heated substance, or by means of any poison or any corrosive substance or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood or by means of any ..... held over the dead body of the deceased and the dead body was sent for postmortem examination. he had returned to the police station and altered section of law from section 324 ipc to section 302 ipc and further investigation was taken up by the circle-inspector of police. after taking up the investigation, the circle-inspector of police proceeded to ..... are questions on appreciation of facts. in (3) supra, the apex court at para '14' observed as under:' this section is in two parts. if analysed, the section provides for two kinds of punishments to two different situations. (1) if the act by which death is caused is done with the intention of causing death or causing such bodily injury as is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD493
..... no objection certificate issued, the additional district magistrate, nizamabad, had issued no objection on 1-4-2004 for obtaining licence from the chief controller of explosives, chennai licence. therefore, it is their case that there is sufficient compliance of all the requirements as per law and thus the petitioner cannot have ..... -2-2004. subsequently, they obtained no objection certificate from the collector and district magistrate as per the directions of the petroleum rules framed under the petroleum act, along with the plan and which was addressed to the superintendent of police, nizamabad, the revenue divisional officer, nizamabad, the assistant divisional fire officer, ..... arbitrary and violative of articles 14 and 21 of the constitution of india, apart from being contrary to the provisions of the national high ways authority act, 1988 and the rules made thereunder and consequently seeking not to start any such retail outlet in the said premises. initially the writ petition was .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD(Cri)338; 2005(3)ALT487
..... nos. 5 and 6 relate to alleged offences falling under the aforesaid chapters and also other than those chapters, namely, reference to section 25(1)(b) of arms act and 27 of arms act and sections 3 and 5 of explosive substances act and thus he submits that irrelevant grounds were taken into consideration to bring the detenu within the definition of 'goonda'. the learned advocate ..... act, arms act, explosive substances act, the answer should be only in negative. the object of the enactment is to prevent six classes of persons viz. 'goondas', 'bootleggers' etc. as defined in the act from acting in any manner prejudicial to the maintenance of public order including those acts covered by explanation to section 2(a) of the act. therefore, the expression 'goonda' has to be interpreted only with .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD86; 2005(4)ALT524
..... (india), reads as follows:section-1: loss or damage :--(1) the company will indemnify the insured against loss or damage to the motor vehicle and for its accessories whilst thereon--(a) by accidental external means;(b) by fire external explosion, self-ignition or lightening or burglary, house-breaking or theft;(c) malicious act;(d) whilst in transit ..... limited v. sujir ganesh nayak and company and anr., ii (1997) cpj-1 (sc), wherein their lordships in para no. 15 of the judgment held:contract act, 1872 - section 28 - void -agreement - seeks to curtail the period of limitation - would be void.from the case-law referred to above, the legal position that emerges is ..... company limited v. sujir ganesh nayak and company and anr. (supra), the learned counsel for the appellants submitted that condition no. 19 is contrary to section 28 of the contract act. moreover, condition no. 19 extinguishes the right of the assured, as the suit was not filed within twelve months from the day when the accident .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD199; 2005(3)ALT460; 2005(2)ARBLR496(AP)
..... circumstances put forth by the first respondent. the reasons for non-completion of work within the time stipulated are that the delay in getting licence for possession of explosives, naxalite problems and instructions from the police authority to stop the blasting, strike by truck owners from 30-3-1997 to 10-4-1997 and restriction on ..... the parties and in the absence of such agreement with regard to the procedure, the arbitrary tribunal is bound to follow the procedure as contained under section 19(4) of the act and they have the duty to determine the admissibility and weight of evidence of the documents filed by both the parties. but, however, they have ..... letter for extension of time has only suggested that he could not complete the work within the stipulated time due to delay in getting licence for possession of explosives, due to naxalite problem, due to trucks strike, restrictions on movement of blasting material and instructions from the police authority to stop the blasting etc. at .....
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