Court : Chennai
Reported in : [1984]57STC173(Mad)
..... the tribunal has come to the right conclusion. a perusal of entries 53 and 138 of the first schedule will clearly indicate that those entries cannot take in either explosives or detonators or safety fuses. therefore, the contention of the revenue that these items are taxable at single point has rightly been rejected by the tribunal. in our view ..... rectification of the tribunal's order, and the tribunal, considering the omission as purely a mistake, rectified its order so as to cover all the three items, namely, explosives, detonators and safety fuses. thus, the order of the tribunal as rectified proceeds on the basis that the said three items sold by the assessee to the tune of ..... per cent. but the revenue contended that the three items will either fall under item 53 or under item 138 of the first schedule to the tamil nadu sales tax act, and therefore, the sales of these items should be taxed at a single point and at a higher rate. the tribunal, following the decision in state of andhra .....
Tag this Judgment!Court : Chennai
Reported in : AIR1985Mad360; (1985)1MLJ274
..... railway, the plaintiff was obliged to ask for re-booking of the consignment far later than the expiry of seven days limit contemplated under sec. 77(2) of the act. consequently bound by the rigours of law we have to set aside the judgment and decree of the court below. accordingly it is ..... termination of transit. (3) notwithstanding anything contained in the foregoing provisions of this section, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of the goods mentioned in the second schedule, animals and explosives and other, dangerous goods carried by railway, after the termination of transit; ( ..... 4) nothing in the foregoing provisions of this section shall relieve the owner of animals or goods from liability to any demurrage or wharfage for .....
Tag this Judgment!Court : Chennai
Reported in : (1985)2MLJ398
..... required to face such hazards, more so in a place where mining operations go on with explosives as well. as to the scope of section 9 of the tamil nadu co-operative societies act, 1961, i may now extract sub-section (1) of section 9 which reads as follows:if the registrar is satisfied that the application for the registration ..... when situation became worse in that, there was a breach of peace, the impugned order is fully supportable undoubtedly, it is within the scope of section 9 of the act.3. i have very carefully perused the impugned order dated 25.10.1982 rejecting the request for registration of the petitioner-society. it mainly proceeds on ..... self-explanatory. the rejection in this case is mainly on the ground of law and order problem, which, certainly is a valid ground under section 9 of the tamil nadu co-operative societies act, 1961. mr. g. rajan, appearing for the party impleaded, supporting the learned additional government pleader, submitted that having regard to the past .....
Tag this Judgment!Court : Chennai
Reported in : 1(1989)ACC42
..... and the opposite party was present supervising the work and at about 3-30 p.m. as directed by the opposite party he used dynamite and in the explosion which resulted he suffered injuries during the accident and he was taken to a private clinic at namakkal by the opposite party where his left arm was amputated ..... 6-1983) under similar facts, the learned judge has held that the workman concerned was entitled to compensation and such a workman comes within the definition of section 2(1)(n) of the act. the learned judge, in the decision rendered by him has also referred to the decision reported in sitarama reddiar v. ayyasami gounder : air1955mad212 . the ..... facts in that case also relate to well digging and there was dynamite explosion during the digging operation. in this connection it is also to be pointed out having .....
Tag this Judgment!Court : Chennai
Reported in : (1988)2MLJ224
..... of a building which was used for packing crackers but since the surrounding land which was required to be left vacant under the terms of the licence issued under the explosives act was not capable of being used for building purposes, the said area within a radius of 59 metres should have been excluded for the purpose of assessment. the tribunal ..... building as this appurtenance is required to be statutorily maintained. the definition of 'ground' does not have the effect of restricting the liability of appurtenant land referred to in section 2(13) to tax only to the extent of one ground. primarily that definition has relevance to the determination of the quantum of total urban land liable to tax and ..... in the inclusive definition of 'urban land', the word 'ground' is used, that word must be read in the context of the definition of 'ground' in section 2(8-a) of the urban land tax act and that only 2,400 sq.ft of land could have been assessed to urban land tax.4. the definition of 'urban land' in .....
Tag this Judgment!Court : Chennai
Reported in : (1989)2MLJ469
..... and permitted increases, if any, and observes and performs the other conditions of the tenancy in so far as they are consistent with the provision of the act. section 13 provides for exceptional cases in which the landlord can eject the tenant even though he had been paying rent regularly or be ready and willing to pay rent ..... both the landlord and the tenant that a harmony is sought to be struck whereby the bona fide requirements of the landlords and the tenants in the expanding explosion of need and population and shortage of accommodation are sought to be harmonised and the conditions imposed to evict a tenant are that the landlord must have bona ..... to make such alterations or modifications as necessary for his purposes. the provision for requirement for purposes of demolition and reconstruction is found in section 14(1)(b) of the act. under that sub-section, the controller shall, if he is satisfied on an application made by the landlord that the building is bona fide required by the .....
Tag this Judgment!Court : Chennai
Reported in : (1991)ILLJ163Mad; (1992)IMLJ131
..... employer and the workmen otherwise than in the course of conciliation proceeding shall be binding on the parties to the settlement and under sub-section (1) of section 19 of the act such settlement shall come into operation on such date as is agreed upon by the parties to the dispute and if no date is agreed ..... of the settlement, after the same has been duly arrived at, and also being confronted with belligerent and uncompromising attitude of the parties, may be resulting in an explosive situation, that will not make the said proceedings conciliation proceedings in the eye of law. in k. s. mani iyer v. bombay anand bhavan, coimbatore 1962- ..... the view that not every controversy or every difference of opinion between the employer and the employees, which constitutes a dispute or difference within the meaning of section 2(k) of the act. the following observations of the learned chief justice require extraction (p9) : 'now, in order that a controversy between workmen and employers can become an .....
Tag this Judgment!Court : Chennai
Reported in : (1992)1MLJ131
..... employer and the workmen otherwise than in the course of conciliation proceeding shall be binding on the parties to the settlement and under sub-section (1) of section 19 of the act such settlement shall come into operation on such date as is agreed upon by the parties to the dispute and if no date is agreed ..... of the settlement, after the same has been duly arrived at, and also being confronted with belligerent and uncompromising attitude of the parties may be resulting in an explosive situation, that will not make the said proceedings conciliation proceedings in the eye of law. in k.s. mani iyer v. bombay anand bhavan, coimbatore (1962 ..... that not every controversy or every difference of opinion between the employer and the employees, which constitute a dispute or difference within the meaning of section 2(k) of the act. the following observations of the learned chief justice require extraction:now, in order that a controversy between workmen and employers can become an industrial dispute .....
Tag this Judgment!Court : Chennai
Reported in : [1992]85STC561(Mad)
..... far as the assessment years 1980-81 and 1981-82 are concerned, the writ petitions have been filed to quash the pre-assessment notice issued invoking the powers under section 16 of the act proposing to revise the assessment by subjecting the turnover relating to sales of 'ultramarine blue' to tax at 10 per cent treating the commodity as a 'pigment' ..... used only as an adhesive and the use of which does not produce any chemical effect or bring about any chemical change. in state of tamil nadu v. southern explosive co. [1984] 57 stc 173, a division bench of this court had an occasion to consider the question as to whether the sales turnover on three items, namely ..... , explosives, detonators and safety fuses fall under entry 53 or 138 of the first schedule to the act and are liable to multi-point tax. the learned judges approved the view of the tribunal that neither item 53 not item .....
Tag this Judgment!Court : Chennai
Reported in : 1992CriLJ3136
..... no. 9 of 1991 in connection with the murder of former prime minister mr. rajiv gandhi and 15 others. originally the case was registered for offences under sections 302, 307 and 326, ipc and s. 3 and 5 of the explosives act. later, on 31-5-1991; offence under s. 3 of the terrorist and disruptive activities (prevention ..... ) act, 1987 was also added. then again, on 12-7-1991, sections 4 and 5 of the above act were added as offences committed. a. sundaram, the petitioner in crl. o.p. ..... in the ruling reported in : 1988crilj938 usmanbhai v. state of gujarat, the apex court has referred to sections 3, 4, 19 and 20 of t.a.d.a. act. section 3(1) gives the meaning to the expression 'terrorist act.' section 4 provides for punishment. section 19 ousts the jurisdiction of the high court and reads as follows : '19.(1) notwithstanding anything contained .....
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