Court : Chennai
Reported in : III(2003)ACC104; 2003ACJ1386; AIR2003Mad237; (2003)1MLJ283
..... vehicle, but the said connection need not be direct and immediate. the expression 'arising out of use of motor vehicle' as mentioned in section 92-a of the 1939 act and section 165 of 1988 act enlarges the field of protection made available to the victims of an accident and is in consonance with the beneficial object underlying the enactment. ..... motor vehicle the tanker had fallen on one of its sides on slopping ground resulting in escape of highly inflammable petrol and that there was grave risk of explosion and fire from the petrol coming out of the tanker. in the light of the aforesaid circumstances the learned judges of the high court have rightly concluded ..... the field of protection made available to the victims of an accident and is in consonance with the beneficial object underlying the enactment. 36. was the accident involving explosion and fire in the petrol tanker connected with the use of tanker as a motor vehicle? in our view, in the facts and circumstances of the present case, .....
Tag this Judgment!Court : Chennai
Reported in : 2003CriLJ2468
..... of the request on 26-6-1998, which is ex. p. 6, he also received all the material documents of the case; that having examined those documents' under section 7 of the explosive substances act as per g.o. ms. no. 1188 home dated 28-5-1991, he accorded sanction for prosecution on his being satisfied that the case was fit enough for ..... . for a period of four years and to pay a fine of rs. 500/- each in default to undergo r.i. for one month for the offence under section 4 of the explosive substances act, 1908, to undergo r.i. for a period of four years and to pay a fine of rs. 500/- each in default to undergo r.i. for a ..... . this witness would ultimately depose that on completion of his investigation on 1-7-1998, he filed the charge-sheet under sections 4 and 5 of the explosive substances act, 1908 and sections 17(1) and 14 of the criminal amendment act and under section 120-b of the ipc.19. p.w. 13 is the sanctioning authority and the then district collector, chennai and this .....
Tag this Judgment!Court : Chennai
Reported in : (2003)IILLJ750Mad
..... case of a mine, such lay-off is due also to fire, flood, excess of inflammable gas or explosion. sub- section (5) of section 25-m provides that if an application or permission under sub-section (1) or sub-section (3) has been made and if no order is passed granting or refusing to grant permission within a ..... at once. at that stage, the petitioner applied to the government of india for permission to lay-off and in terms of sub-section (1) of section 25 of the industrial disputes act, but in the exceptional circumstances, namely, the direction issued by the supreme court and the consequential orders of the district forest officer. ..... writ-petitioner-management, yet, it has declined to grant permission for lay-off. as rightly contended by the counsel for the petitioner, the first respondent has acted arbitrarily and had taken into consideration matters which are not relevant or irrelevant consideration has entered in the minds of the first respondent. the extraordinary circumstances has .....
Tag this Judgment!Court : Chennai
Reported in : 2003(2)CTC710
..... is not illegal merely because it proceeds on the uncorroborated testimony of the accomplice. 14.3. a harmonious reading of both illustration (b) to section 114 and section 133 of the act enunciates that though it is not illegal to convict upon the evidence of an accomplice supported by the confession of the co-accused, independent evidence ..... on the decision inghulam nabi war v. state of nct of delhi reported in 2000 scc (cri) 1135. in ghulam nabi war case, the prosecution recovered explosive substance from the bag of the first accused therein and the same was not used against the second accused therein, who was a tenant in possession of the ..... pw2 are approvers. in order to appreciate the evidence of pw1 and pw2, a reference to illustration (b) to section 114 and section 133 of the indian evidence act, (hereinafter referred to as the 'act') would be relevant. section 114: court may presume existence of certain facts.- the court may presume the existence of any fact which it thinks .....
Tag this Judgment!Court : Chennai
Reported in : 2003(2)CTC397
..... admit or deny the genuineness of each such document and the list of documents shall be in such form as may be prescribed by the state government. sub-section 3 of section 294, cr.p.c. contemplates that where the genuineness of any document is not disputed, such documents may be read in evidence in any inquiry, trial or ..... the contents of the document, ex.p.29 and as the contents of the document, ex.p.29, are not proved in terms of the provisions of the evidence act, it is to be excluded from the purview of this court.12. the prosecution can, of course, prove the contents of certain documents without examining the author of ..... the government scientific experts, to whom the section applies. a perusal of sub-section 4 of section 293, cr.p.c. indicates that the document issued by any chemical examiner or assistant chemical examiner to government, the report of a chief inspector of explosives, the report of the director of the finger print bureau, the report of the director, haffkeine institute, .....
Tag this Judgment!Court : Chennai
Reported in : 2003(1)CTC78
..... a fine of rs. 250 with a default sentence of three months' rigorous imprisonment. a4 to a14 were also charged under section 3 of the explosive substances act framed under charge no. 15 and under section 4(b) of the said act framed under charge no. 16 and each one of them was sentenced to undergo rigorous imprisonment for a period of three years ..... under each charge. charge no. 17 was framed against a4 to a14 under section 307, ipc and on finding them guilty, the ..... and therefore, an eviction petition in o.p.no. 42 of 1989 was filed against them before the special deputy collector (revenue), salem, under section 3(2)(b)(c) of the cultivating tenants protection act. an order of eviction was passed on 20.12.1991 in favour of p.w.14 and the said order stands marked as ex.p-3 .....
Tag this Judgment!Court : Chennai
Reported in : 2004(1)CTC721
..... one paranthaman, who is being tried for the offences under sec. 21(1)(a) and sec. 21(3) of pota read with sec. 13(1)(b) of unlawful activities (prevention) act, 1967 as also sec. 4(b)(1) and sec. 5(a) of the explosives substances act 1908 and sec.17(1) of the criminal law amendment act 1908. 2. learned counsel for the appellant in this ..... happened to this case, which is pending for the last ten years. the second prosecution is vide p.s. crime no.1988 of 1993 under sec. 10 of the unlawful activities (prevention) act on account of the seizure of 298 copies of 'kaviayanayagan kittu', a book on the ltte leader by name kittu, allegedly written by pala nedumaran himself ..... assisted in arranging the said indoor meeting which knew was to support the terrorist organisation ltte and hence had committed the offence under sec. 21(2) pota, punishable under sec. 21(4) of the said act.7. it is then further suggested in the charge-sheet that a-1 pala neduamaran had participated in a public meeting held on .....
Tag this Judgment!Court : Chennai
Reported in : 2004CriLJ2801; 2004(2)CTC180
..... by a-1, that the contrabands were purchased from a-5, namely the petitioner herein, he was also arrested and accordingly, a case was registered under section 9-b(1)(b) of indian explosives act, 1883 against them. 3. therefore, a perusal of the records of prosecution case itself would reveal that not only the inspector of police, erumaipatti police station ..... crl.m.p. no. 2623 of 2002 in c.c. no. 209 of 2002, dismissing the petition to discharge the accused/petitioner of offence under section 9-b(1)(b) of indian explosives act, 1883, on the ground that the points raised by the petitioner herein could not be considered at this stage and it is only the during the course ..... case, i find that thiru. vijayaragavan appears to be the first informant, as well as the person, who registered the first information report and examined all the witnesses under section 161 cr.p.c. further, it could very well seen that he is person, who has filed the charge sheet. in such circumstances and in view of the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
Reported in : (2005)93TTJ(Chennai)685
..... submitted that the activity carried out by the assessee was primarily activity of mining and, therefore, the assessee was not entitled for deduction under section 80-ib of the act also. the learned counsel for the assessee, however, submitted the activity of excavation of lime stone cannot be compared with the activity carried on ..... in the vertical plane. the degree of hardness also varies. to aim at proper parameters for drilling and blasting, experiments were conducted in collaboration with different explosive manufacturers adopting different bore hole spacing and pattern, different charge ratio and different firing orders. . the blast holes are being drilled using a straight rotary drill ..... places water is being used to drill the holes. the drilled holes may contain some water which may either react with the explosives to be charged or will not allow the explosive to reach the required location. these water are to be bailed out and reamers are to be used to smoothen the inner .....
Tag this Judgment!Court : Chennai
Reported in : 2005(2)CTC48
..... ground case is in crime no. 307 of 2004, registered on 10.8.2004, for the offences punishable under sections 147, 148, 427, 307 and 506(ii), i.p.c. and under section 3(a) of explosive substances act.6. the detaining authority, after taking into consideration the adverse cases and particularly the ground case in crime no. ..... 307 of 2004, wherein the major offence alleged is only under section 307, i.p.c., was of the opinion that there is ..... as 'the detenu'), branding him as a 'goonda' and directing preventive detention under section 3(1) of the tamil nadu prevention of dangerous activities of bootleggers, drug offenders, forest offenders, goondas, immoral traffic offenders and slum grabbers act, 1982 (tamil nadu act 14 of 1982). the petitioner is the wife of the detenu.2. heard the learned .....
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