Court : Karnataka
Reported in : AIR1989Kant285; 1988(3)KarLJ95
..... are being disposed of by this common order.4. the possession and sale of explosives is regulated by the explosives act, 1884 ('the act' for short) and the explosives rules 1983, framed under the act. the expression 'explosive' is defined under s. 4(d) of the act and it includes fire-works. section 5 of the act empowers the central government to frame rules, inter alia, prescribing the authority by which ..... government under the above provision reads:'government of indiadepartment of explosivesshastri bhavan, madras-6. no. ex/l/1. subsidiary dated : 6-10-1984.in exercise of powers conferred by sub sec. (2) of s. 14 of explosives act, 1884, exempting from provision of sub-rule (1) of rs. 135, 157 and condition 1 of the license in form 24 of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1990Kant97; 1989(2)KarLJ202
..... no statutory obligation on these authorities to grant lease in contravention of rules relating to mines act and other mandatory provisions contemplated under the explosives act; law relating to environment and ecology, pollution control act, forest preservation act, wild life protection act, which impose serious restrictions.referring to the facts of each case, respondents deny or do ..... given under proviso to s. 38 of the mysore land revenue code and board standing orders of the erstwhile state of madras.15. section 38 of the land revenue act' (code) reads thus :'right to metals and minerals to vest in government-- unless it is otherwise expressly provided by the terms of ..... the government and the government shall have all the powers necessary for the proper enjoyment or disposal of such rights :--provided that :(i) nothing in this section shall be deemed to apply to limestone, granite and such other ordinary minrals, as the government, by notification in the official gazette, may from time .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR2277; 1989(2)KarLJ161
..... a human problem of the multitudes and also the problem of rural india peculiar to hindu society. thought explosion precedes social revolution and the thinking is one of preferential treatment to the less fortunate and weaker sections who are the victims of neglect through centuries.the incursion of institutionalised lethargy is detrimental to national interest as ..... consideration from each of respondents-4 to 6 who are the original grantees. the assistant commissioner issued notice to the petitioner under the provisions of section 5 of the act and, after an enquiry, held that the transfer of land is null and void and ordered taking over of possession of the lands by evicting ..... by any interested person or on information furnished in writing by any person or even suo moto after due enquiry by the competent authority under the act.the act may be described as the product of a restructure of property rights in a developing society against the setting of the egalitarian order envisaged by the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR376; 1990(3)KarLJ499
..... and registered crime no. 71/89 against sri v. ramaswamy and crime no. 72/89 against sri d. soundararajalu for offences punishable under section 5(3)(b) of the explosives act, 1884 (for short 'the act') and took up investigation of the said cases. in the meanwhile b.e.m.l. nagar police reported the seizure of the said fire ..... works and sparklers to the jurisdictional magistrate. immediately smt. shamaladevi and sukanya have filed separate applications under section 457 of the code of criminal procedure ..... each case forthwith.4. sri s.p. shankar, learned counsel for the petitioner urged the following points:-i) that section 5(3)(b) of the explosives act, 1984 is no longer on the statute as it is repealed by act 32 of 1978; ii) that the petitioners are owners of the goods seized from the house/shop called kamadhenu .....
Tag this Judgment!Court : Karnataka
Reported in : (1990)82CTR(Kar)260; [1991]187ITR436(KAR); [1991]187ITR436(Karn); 1990(3)KarLJ42
..... above. the bombay high court, while analyzing the provisions, took the view that, with reference to the definition of chargeable profits in section 2(5) of the act and section 2(8) of the act which refers to statutory deductions and stated that when a part of the amount standing to the credit of a general reserve is, during ..... been taken by the calcutta high court in alkali and chemical corporation of india ltd., v. cit : [1980]122itr490(cal) and followed by the same high court in indian explosives ltd., v. cit : [1985]153itr340(cal) . there, their lordships, after noticing the controversy, stated that the problem involved in the interpretation of rule 3 is only arithmetical ..... the number of days of the previous year during which the increase or the reduction remained effective bears to the total number of days in that previous year.' 5. this section has been very clearly analysed by the bombay high court in cit v. centruy spinning and ., : [1978]111itr6(bom) . it is to the following effect. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR1858
..... petition is not framed seeking such a relief. the issues relating to damages cannot be settled without proper pleadings and evidence in terms of section 73 of the contract act. the damages are to be determined with reference to the rates that were prevailing during the period during which the petitioner was prevented from ..... be added to the period fixed by this lease. in this clause, the expression 'force majeure' means act of god, war, insurrection, riot, civil commotion, strike, earth-quake, tide, storm, tidal wave, flood, lightening, explosion, fire, earth-quake and any other happening which the lessee/lessees could not reasonably prevent or control.'the ..... be added to the period fixed by this lease. in this clause, the expression 'force majeure' means act of god, war, insurrection, riot, civil commotion, strike, earth-quake, tide, storm, tidal wave, flood, lightning, explosion, fire, earth-quake and any other happening which the lessee lessees could not reasonably prevent or control.'the .....
Tag this Judgment!Court : Karnataka
Reported in : [1991]83STC273(Kar)
..... , 1984, which reads : '(d) 'explosive' means gun powder, nitroglycerine, nitroglycol, guncotton, di-nitro-toluene, tri-nitro-toluene, picric acid, di-nitro-phenol, ..... section 5(3)(a).sl. no. description of the goods rate of tax91-b. blasting gun powder and other six per cent.'mechanical explosives.the learned counsel for the petitioner submitted that safety fuse was also an explosive and, therefore, falls under entry 81-b. in support of this contention, the learned counsel relied on the definition of 'explosive substance' under the indian explosives act ..... assessing authority accepted the plea of the petitioner. but the deputy commissioner in exercise of his suo motu revisional jurisdiction under section 21 of the act, revised the order on the ground that safety fuses do not fall under entry 81-b of the second schedule, and .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1991Kant216; ILR1990KAR2631; 1990(2)KarLJ261
..... , but it applies only to oil stored on land falling within the jurisdiction of chief controller or controller of explosives authorised in this behalf by the chief controller and the provisions of the explosives act or rules are inapplicable to floating vessels. this contention commends acceptance by virtue of what is contained in the ..... said order is not warranted by law and that the department of explosives has no jurisdiction whatever in regard to the barge belonging to the petitioner and that the proper authority having the necessary jurisdiction is only the mercantile marine ..... purpose you may send your proposal for approval initially along with rs. 10-00 (in form of demand draft) in favour of dy. chief controller of explosives, south circle, madras towards scrutiny fee. please acknowledge the receipt of this letter and report compliance immediately.' 2. the grievance of the petitioner is that the .....
Tag this Judgment!Court : Karnataka
Reported in : 1991CriLJ1298; ILR1990KAR3846
..... . 893/89 and 894/89 in the police station at upparpet, bangalore city, for the offences punishable under sections 143, 147, 148, 149, 427 and 307 read with s. 149 of the indian penal code and sections 3, 4 and 5 of the explosive substances act, 1908. petitioner no. 1 is the younger brother of one m. p. jayaraj, arraigned as accused no. 17 ..... either imprisonment for life or imprisonment of either description for a term which may extend to 10 years and fine. 52. the punishment prescribed for the offence under section 3 of the act is imprisonment for life or any shorter term to which a fine may be added or imprisonment for a term which may extend to 10 years to which fine ..... may be added. the punishment provide for the offence under section 4 of the act is imprisonment for a term which may extend to 20 years to which fine may be added or imprisonment for a term which may extend to 7 years to .....
Tag this Judgment!Court : Karnataka
Reported in : 1991ACJ403; ILR1990KAR3181
..... insurer of each of the vehicles should be fixed by the tribunal and an award should be made accordingly.(2) in an application filed under section 110-a of the act, in view section 110-b of the act, it is obligatory for the tribunal to determine the proportion of negligence of each of the drivers and to apportion the amount of compensation awarded ..... on top of the shop's counter with his naked light and was commencing to examine the upper part of the gas pipe when a severe explosion occurred. the defendant was held liable for the negligent acts of his lodger to the plaintiff shopkeeper for the loss and damage she had suffered [brooke v. bool (1928) 2 k.b. 578 at pages ..... of the rule where the cause of action against each of them is the same, namely, that the same evidence would support an action against them individually [brunsden v. humphrey (1884) 14 q.b.d. 141, per bowen l.j. at page 147, quoting from older authorities]. as sargant l.j. expressed it: 'there must be a concurrence in the .....
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