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    [0] =>  ..... country-made bombs and the deceased had received the injuries while in the process of preparing country-made bombs. the materials were prohibited explosives under the provisions of the indian explosives act. (3) yamin in his statement under section 313 cr.p.c. admitted that he had gone to the said mosque at the relevant time to meet the iman musthaqahmed(pwii ..... p.c. he sentenced him to rigorous imprisonment for ten years and to a fine of rs.1000.00 in default rigorous imprisonment for one year under section 4 of the explosive substances act and to rigorous imprisonment for seven years and a find of rs. 500.00 in default to rigorous imprisonment for six months. he did not award  ..... ). as he entered the room of the imam he had heard the explosion and rushed out of fear. while running he fell into a ..... 
    [1] =>  .....  of bombs and, thereforee, no question of any strong suspicion as regards his intention to supply the substance so that an offence is committed, arises against him. the offences under sections 3, 4 and 5 of the explosives act do not fall within the jurisdiction of delhi courts. (5) i, thereforee, accept this petition and quash the charge leveled against the petitioner. .....  him. however, by his order of 14-7-1982 the additional sessions judge held that avdesh kumar was not in conspiracy but was prima facie guilty of an offence under section 6 of the indian explosives act, 1908. this order is challenged in the present petition. the charge was framed on 15-7-1982 against him under ..... 
    [2] =>  .....  personal hearing. as no further order was passed by the central government on the said revision application, it was transferred to the tribunal under section 131 b of the customs act, 1962.4. before setting out the arguments advanced at the personal hearing, it would be useful to set out some other relevant facts.  ..... take note of two "tariff advices" issued by the central board of excise and customs for the purposes of distinguishing cellulose nitrate used in the manufacture of explosives alone from cellulose nitrate used for other industrial purposes, for which artificial or synthetic resins are generally used. in tariff advice no. 10/71, the  .....  calcutta custom house (briefly called the f7irst tariff advice), the nitrogen content was made the sole criterion for distinguishing cellulose nitrate used in the manufacture of explosives, which was considered to be not classifiable under item 82(3) ict and therefore by implication classifiable under item 87 ibid, from cellulose nitrate used as ..... 
    [3] =>  .....  the notification in question itself fixes different values for chlorine in liquid and chlorine in gaseous form and such values are permissible under sub-section (3) of section 3 of the central excises & salt act, 1944.6. when liquid chlorine changes into dry gaseous chlorine a new product or goods do not come into existence; the goods remain ..... benzene with chlorine in gaseous form. it is imperative that only pure chlorine free from impurities is fed for the photo chemical reaction, otherwise it may cause explosion in the plant.such pure chlorine can be obtained only after liquefaction and for this reason chlorine is first liquefied and then vaporised again to make it suitable .....  form.7. we are fortified in the above view by the explanation to rule 49 of the central excise rules (which explanation, by virtue of section 51 of the finance act, 1982, was applicable at the material time), according to which excisable goods which are consumed or utilised in a factory for the manufacture of any  ..... 
    [4] =>  ..... deal with the evidence under the respective issues. (5) issue no. 1 i may first notice some relevant statutory provisions. a design is defined in section 2(5) of the act in the following terms : 'design' means only the features of shape configuration, pattern or ornament applied to any article by any industrial process or means  ..... is a mode or principle of construction. common examples are laminated' or 'corrugation'. the principle of construction embodied in the friction application is a recurrence of explosive material and blank patches in alternative fashion. this friction application or striking surface is on the panels of the match box. the match head and the  ..... diamond-shaped spots applied to both sides of the panels of their match boxes by mechanical means. (7) the cancellation of registration is provided by section 51-a of the act reading as follows : 'cancellation of registration (1)any person interested may present a petition for the cancellation of the registration of a design ( ..... 
    [5] =>  ..... '. (36) referring to entry 5 of the list i which reads, 'arms, fire arms, ammunition and explosives' it was urged, that the arms act deals with these subjects is' a central legislation. section 4 of the assam act to the extent it confers powers to fire upon or use force against persons carrying weapons, fire arms, ammunition .....  and explosives' is in pith and substance a law dealing with arms and explosives and consequently is ultra virus of the legislative powers of the assam legislature. the same argument was contended to apply to section 5 of the assam act making it ultra virus the assam legislature. in any .....  stolen property .or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.'(23) section 5 of the central act lays down that any person arrested and taken into custody under the act shall be made over to the officer in ..... 
    [6] =>  ..... s case (supra) it has been noted that the master plan, which was prepared in the year 1962, was expected to meet the situation of the 'population and colony explosions till 1981'. in the affidavit dated 7th may, 1983 of shri nathu ram filed on behalf of delhi development authority, ir has been, inter' alia, stated that sometime  ..... drawn up in 1962. i' ^ no doubt true that when it was prepared in 1962 the master lan was expected to meet the situation of population and colony explosions till 1981 but the rate if growth of the metropolitan area of delhi has been rapid beyond imagination. from the note put up to l.g, in the proceedings .....  the said notification persons could file objections to the acquisition within thirty days of the publication of the notification. on 17th november, 1980 a similar notification under section 4 of the act was issued in respect of a number of villages including village komdli, which is the subject matter of challenge in other writ petitions. on 25th november, 1980 ..... 
    [7] =>  .....  new delhi (for short cbi). ranjit singh is the prime suspect in the case under section 120-b read with ss. 302/307 of the indian penal coded ss. 4/5 of explosive substances act, s. 27 of the arms act and s. 6 of the explosive substances act. (2) ranjit singh was arrested by the c. b. 1. in the nirankari baba ..... as under:- 'delhi administration, delhi delhi high court notification' delhi, the 3rd september, 1975 no-194/rules,-in exercise of the powers conferred by section 7 of the delhi high court act, 1966 (act no. 26 of 1966), and all other powers enabling in this behalf, the delhi high court hereby substitutes the following paragraph for the existing paragraph 5 .....  of chapter 1-a high court rules and orders. volume iii :- section 327 of the code of criminal procedure lays down that the place where  ..... 
    [8] =>  .....  had been disallowed. (2) the petitioner was arrested in the case under sections 120-b/302 i.p.c. and under sections 3, 4 and 6 of the explosive substances act. challan was submitted in court on 28-10-83 and the documents as required under section 173 of the code were furnished to the accused-petitioner but, it is alleged ..... defense may suffer in the cross-examination of prosecution witnesses who happen to depose about the scene of occurrence and in the matter of confronting under section 145 of the indian evidence act if they happen to admit the correctness of the photographs and especially at the time of cross-examining the expert, and thus the learned magistrate ..... memory, or if the court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the indian evidence act, 1872 (i of 1872), shall apply.'then under section 173(5)(b) of the code when the investigation is completed, the police officer shall send his report ..... 
    [9] =>  .....  marriage was itself a relevant fact in these proceedings. feeling aggrieved the accused has now moved the present petition under s. 482, cr.p.c. 4. section 122 of the evidence act read as under : 'no person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to  ..... and succeeded in getting the order of the high court reversed. thereby the trial court's decree for divorce was restored. 3. on 2-10-1982, there was an explosion in the house of krishan sikand, resulting in his death. at that time rani choudhary was away from delhi to sanawar where her daughters were studying. a day later ..... under the exceptions envisaged by s. 122 or that the accused had given his consent to the disclosure postulated by s. 122.6. s. 122 of the evidence act recognises the age-old concept of marital confidence that all communications between spouses during the wedlock are sacrosanct. in england the commission on common law procedure in its second  ..... 
    [10] =>  .....  guide tenth edition page 40, which contains some instructions by the central board of revenue with respect to the items covered by section xv of the said tariff. the relevant part reads section xv-for the purposes of assessment under this section, all pieces of iron or steel of uniform thickness and width will be classified according to the following tables:-thickness width ..... 
    [11] =>  .....  orders of the court in execution proceedings of the decree in the suit gauri shankar v. kanwar gopal . in these circumstances, the subsequent attachment was void under section 64, civil procedure code. it has further been alleged by sham mohan lal that jai gopal had applied in the court of shri dev raj saini for rateable distribution in ..... passed in the course of the proceeding under o. 21, r. 66 relating to the proclamation of the sale.' this, in my view merely paraphrases the provisions of section 47 without laying down anything helpful to the appellant before me. the last decision cited is ramalingaswami v. venkataswami, : air1950mad296 . it was observed therein that if in .....  the suit in which the decree now sought to be executed was passed? the explanationn in its present form was substituted for the old explanationn by the amendment act 66 of 1956 which came into force with effect from 2-12-1956. the decisions, thereforee, dealing with the question whether an auction-purchaser is or nto ..... 
    [12] =>  ..... -debtor against the said order was rejected on 20-12-1956. (2) thereafter, the judgment-debtor (the appellant herein) applied under section 34 of act vii of 1934 (punjab relief of indebtedness act) as extended to delhi, praying that the decree-holder's application for arrest of the judgment-debtor might be dismissed. this application of ..... counsel for the appellant. (5) as far as the second point is concerned, the learned counsel for the appellant invited by attention to the provisions contained in section 51, civil procedure code and order 21, rules 37-40, civil procedure code. it has to be ntoed in this context that the original order for the arrest and detention  .....  the decree-holder to realise the money decreed in her favor and for the purpose of achieving this object, alone, the conditions in the proviso to section 51 have been formulated. the statute contemplates sending to prison the judgment-debtor who refuses or neglects to pay towards decree something which the court has found ..... 
    [13] =>  ..... process of production.&quto;from these observation it follows that the income, with which we are concerned in this case, is an income falling under section 12 of the act.lastly, reliance was placed on the decision of the supreme court in senairam doongarmall v. commissioner of income-tax. therein, the assessed, which owned ..... ltd. as a condition of paying the compensation, the assessed undertook for a period of five years to refrain from selling or accepting any agency for explosives competitive with those covered by the agency agreements terminated. the assessed claimed that the amounts received by it were capital receipts as they represented compensation for termination .....  of income-tax v. best and co. (private) ltd. in that case the assessed-company had the agency for the distribution in certain centres of the explosives manufactured by imperial chemical industries (exports) ltd., glasgow. this agency came into existence in 1900 and, although terminable at will, continued up to 1947, in  ..... 
    [14] =>  ..... amounted, in any case, to 'marking of toher alterations therein.' mr. chadha, the learned counsel for the petitioner, sought to justify; his claim under section 42 of the said act on two grounds:-(1) the petitioner re-exported the same goods as were imported by him and the mere fact that they were cut into pieces and  ..... mr. chadha, the learned counsel for the petitioner argued that a mere mistake in the statement of a particular provision of the act, namely. section 43b instead of section 42 should nto have disentitled the petitioner to the relief and that on the admitted facts of the case the petitioner was entitled to drawback under .....  the collector of customs which was dismissed by order dated 12th january, 1962. the collector rejected the appeal on two grounds:-1. 'the claim under section 42 of the sea customs act was nto made and established prior to shipment;' and 2. 'the goods had undergone process of manufacture after import and hence are nto identifiable.'(3)  ..... 
    [15] =>  .....  amounted, in any case, to 'making of toher alterations therein.' mr. chadha, the learned counsel for the petitioner, sought to justify his claim under section 42 of the said act on two grounds:(1) the petitioner re-exported the same goods ac were imported by him and the mere fact that they were cut into pieces and ..... , the learned counsel for the petitioner argued that a mere mistake in the statement of a particular provision of the act. namely, section 43b instead of section 42, should nto have disentitled the petitioner to the relief and that on the admitted facts of the case the petitioner was entitled to drawback under ..... the collector of customs which was dismissed by order dated 12th january, 1962. the collector rejected the appeal on two , grounds:1. the claim under section 42 of the sea customs act was nto made and established prior to shipment; and2. the goods has undergone process of manufacture after import and hence are nto identifiable.3. mr. chadha ..... 
    [16] =>  .....  in respect of this trade mark was filed with the plaint and marked `c'. the plaintiff's registered users of the aforesaid trade mark under section 41 of the trade marks act, 1940 are stated to be m/s. jumma thread mills (private) ltd., bombay and mr. john thomson is stated to be the duly constituted .....  of resemblance which may suffice to deceive or cause confusion. decided cases are accordingly useful only in so far as they lay down principles of law and act upon them in deciding the controversy facing the court. facts in two cases being seldom completely identical, the decisions on different facts and in different settings,  ..... rendition of accounts and toher consequential relief against the two defendants (respondents in this court). (2) according to the plaintiff, a company registered under the english companies act, with its registered office in glassgow, sctoland (u.k.), manufacturers and deals in sewing and embroidery threads of all kinds. the goods manufactured by the plaintiff are ..... 
    [17] =>  .....  any manner change the; cause of action of the party in whose favor the decree for nullity has been granted,'(6) the relevant provision of the matrimonial causes act, 1950, in england is section 19, which is as follows : - '(1)on any petition for divorce or nullity 'if marriage, the court. may make such interim orders for the payment  ..... regarded for certain purposes, the learned judges had to make the above observation. as a matter of fact, the provision for payment of alimony and maintenance in section 25 of the act is nto made in recognition of a woman having the status of a wife at any particular point of time but in recognition of the fact that she ..... the courts. in a decision in harilal v. litavah, the learned judges k. t. desai, c. j. and v. b raju, j after referring to section 24, 25 and 26 of the act and the principles of interpretation contained in maxwell on interpretation of statutes in this behalf obser ved as follows:- 'thecourts have always been extremely reluctant to substitute ..... 
    [18] =>  ..... in which the present petitioner was summoned for 10th may, 1967. the offence under section 7, criminal law amendment act, is, as per section 9 of the same act, buth cognizable and non-bailable. according to shri b. b. lal, the petitioner is at the present moment committed to judicial custody .....  werea.ll,pending. on the date when the present application for a writ of habeas corpus was presented in this court. a complaint under section 7 criminal law amendment act, 1932, coupled with sections 353/147/149, indian penal code, was among tohers presented in the court of shri jagmohan, magistrate 1st class on 3rd may, 1967  .....  while he is still in custody awaiting his release pursuant to' the order directing his retease. the learned counsel has drawn our attention to section 10 of the criminal law amendment act no. xxiii of 1932 which con'fers power on the state government to make certain offences cognizable and non-bailable. the offences which a  ..... 
    [19] =>  .....  as rent by the said defendants 2 and 3 but was received as rent by the plaintiff therein, and consequently a monthly tenancy under the provision of section 116, transfer of property act, did come into existence. shri yogeshwar dayal, thereforee, argued on the basis of the said decision that by the acceptance of the amounts as rent by .....  rent that the landlord intended to create a new tenancy. in the present- case, the respondent obtained a decree, but its ecution was barred by section 19 of the slum areas act. she had thus a decice in her hands which requires only the permission of the competent authority for its execution she already made an effect to obtain .....  dismissed the application on 17th april, 1961. (3) against that order, the respondent filed an appeal on 9th may, 1961 before the chief commissioner under section 20 of the said slum areas act. during the pendency of the appeal, the respondent received on 3rd april, 1962 a sum of rs. 187/8.00 from the petitioner towards arrears of  ..... 
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