Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: kolkata Year: 2006 Page 11 of about 160 results (0.084 seconds)

The State of West Bengal Vs. Sankar Sundar Dutta

Court : Kolkata

Reported in : 2006CriLJ4234

..... of rs. 5,000/- each in default to suffer rigorous imprisonment for six months each, respondents sankar sundar dutta and pranab nag being convicted under section 3 of the explosive substance act are sentenced to suffer rigorous imprisonment for two years each and to pay a fine of rs. 500 each in default rigorous imprisonment for three months ..... bombs and they charged bombs at uday and naresh and for that reason they are found guilty under section 3 of the explosive substance act. we do not find any material on record to hold the respondents guilty under section 307/34 of the ipc for attempting to murder bombaia alias all reja and kalyan biswas and at ..... sankar sundar dutta and pranab nag were carrying bombs and naturally, apart from the charge under section 302/34 of the ipc both of them are liable to be convicted under section 3 of the explosive substance act.63. the charge under arms act as framed against subhasish mukherjee was disbelieved by the learned trial court since there was no .....

Crystal Cable Industries Ltd. and anr. Vs. Union of India (Uoi) and or ...

Court : Kolkata

..... the condition precedent for entertaining an appeal is the satisfaction of the high court of the case involving a substantial question of law.24. an order under section 35f of the central excise act, 1944, dispensing with disputed duty and/or penalty either fully, or in part, or refusing to do so is generally based on assessment of facts ..... of the phrase 'every order' in paragraph 35g(1), submitted that an appeal would lie to the high court from all orders of the tribunal under section 35f of the central excise act, 1944.22. the expression 'every order passed in appeal by the appellate tribunal' is qualified by a rider, that is, satisfaction of the high court ..... writ application! on the ground of existence of the alternative remedy of appeal to the high court available under the central excise act, 1944.17. section 35g of the central excise act, 1944 provides for appeal to the high court. section 35g(1), (3), (4), (5) and (6), relevant to the issue of whether the petitioners have an equally .....

Anandamoy Ghosh and ors. Vs. State of West Bengal

Court : Kolkata

Reported in : 2006CriLJ4250,I(2007)DMC525

..... fact there was no evidence to that effect.10. mr. basu finally submitted that in the present case the prosecution cannot take the aid of section 113-b of the evidence act. there was no evidence at all that death of chandana was caused by the accused persons in connection with demand for dowry or that chandana ghosh ..... family of the appellants and the family of the complainant. accordingly, in this case the prosecution cannot take advantage of presumption under section 113-b of the evidence act.39. the examination of the appellants under section 313 of the cr.p.c. was also not proper. there was no evidence that deceased chandana was murdered but the ..... appellants soon before her death. the evidence that came before the trial court did not fulfil elements of section 304-b of the ipc and being so application of inference or presumption under section 113-b of the evidence act is not permissible. proper scrutiny of cross-examination of the witnesses clearly reveals that there was very happy .....

Nirmal Sarkar Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(2)CHN707

..... supreme court further came to the conclusion that the notification of the year 2000 by the excise department was made on the basis of power conferred under sections 85 and 86 of bengal excise act and the said notification was within the delegated power of the government. the hon'ble supreme court further opined that the said order reflected the policy of ..... .15. he drew our attention to the notification dated 4.2.2000 which runs as follows:in exercise of the powers conferred by section 85, and section 86 of the bengal excise act, 1909 (ben. act v of 1909) read with sub-rule (1) of rule 13 of the west bengal excise (selection of new site and grant of license for retail sale of ..... . sri kar further pointed out that the subsequent order dated 4.2.2000 by the excise department by notification was on the basis of power conferred by sections 85 and 86 of bengal excise act, 1909 read with sub-rule (1) of rule 13 of 'the 1993 rules'. he further pointed out that 'the 1993 rules' was also made on the .....

Basanti Seal and ors. Vs. Hiralal Seal and ors.

Court : Kolkata

Reported in : 2007(1)CHN55

..... the trust deed and indicated above will reveal that the power of revocation relates to appointment and not to the trust deed, and so clause (b) of section 78 of the trusts act which deals with 'revocation of trust' otherwise created has no manner of application here. it would further appear from the above that the power of appointment does ..... could be administered by the court if the occasion so arises, as was held in the case of patel chhotabhai (supra). illustration (c) of the said section 6 of the trusts act is as follows:a bequeaths certain property to b, requesting him to distribute it amongst such members of c's family as b should think most deserving. this ..... 2, on the other hand, on drawing court's attention to clause (c) of the trust deed at page 2 contended that all the conditions of section 6 of the trusts act having been fulfilled, and since the trust deed specifically provided right of revocation and right of appointment and when by virtue of such power of appointment the joint .....

Nirodini Roy Vs. N.i.A. Co. Ltd.

Court : Kolkata

Reported in : 2007(4)CHN672

..... the insurance company which is beyond the scope of limited defence available to the insurance company in terms of sub-section (2) to section 149 of the motor vehicles act.5. be that as it may, we find that the income of the deceased being that of rs. 3,000/- per month as stated ..... brunt of cross-examination. in this connection, there is no record before us to show that the insurance company obtained leave in terms of provision under section 170 of the motor vehicles act and if no such leave was obtained, it is not clear to us as to how the learned tribunal permitted elaborate cross-examination of the witnesses by ..... appeal as argued by the learned advocate for the appellants is that the learned tribunal while awarding compensation in terms of structured formula as provided under section 163a of the motor vehicles act read with second schedule failed to arrive at a correct finding so far as the age of the deceased iris-a-vis income of the deceased .....

Saregama India Ltd. Vs. Suresh Jindal and ors.

Court : Kolkata

Reported in : AIR2006Cal340,2007(34)PTC522(Cal)

..... period if a breach of the terms and conditions of the agreement has been committed by the assignee. from the statutory requirement contained in section 19 of the said act for constituting a valid assignment, it appear to me that once the agreement contains the necessary specification required under the statute violation thereof may ..... sound-track and/or any part thereof. 48. if the intention of the parties under the agreement falls within the meaning of copyright under section 14 of the said act it would amount to an assignment of copyright. though strictly speaking the intention of the parties in the agreements seems to lay emphasis on the ..... first owner of the copyright.43. the expression 'dramatic work,' 'literary work,' 'musical work' all has different and distinct meaning and connotation under the said act. from the definitions contained in sections 2(h), 2(o) and 2(p) with regard to 'dramatic work,' 'literary work,' 'musical work' respectively, it clearly appears that 'dramatic work' .....

Enfield Industries Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2007)107ITD1(Kol.)

..... part of rs. 21,50,850 could be regarded as undisclosed income of the appellant, which would qualify for levy of penalty under sub-section (2) of section 158bfa of the act. (viii) that the ao stated that this addition was not challenged by the assessee inasmuch as no appeal was filed against the assessment, ..... which was not reflected in its original return. therefore, there was a clear case of concealment of undisclosed income, inviting thereby penal consequences under section 158bfa(2) of the act. the cit(a), therefore, was perfectly justified in treating the difference between the disclosure made originally and the subsequently revising the same by way ..... hon'ble settlement commission for a practical and judicious adjudication of the complex case(s) and avoiding protracted litigations. accordingly, an application for settlement under section 245c(1) of the it act, 1961 was already filed by enfield industries ltd. for the block period as well as for the asst. yr. 2000-01 and the individuals .....

Swapan Kumar Maity Vs. South Eastern Railways and ors.

Court : Kolkata

Reported in : 2007(4)CHN616

..... this mandamus appeal is whether the railway authority was justified in cancelling the previous selection only because the appellant was arraigned in a criminal case under section 498a and section 306 of the indian penal code.11. mr. bandyopadhyay, the learned senior advocate appearing on behalf of the appellant submitted before us that there ..... supreme court in that case pointed out that rule 28 of the karnataka state civil service rules prohibited bigamy without the permission of the employer and such act amounted to 'misconduct' under the rules itself and thus, notwithstanding acquittal in the criminal case where the standard of proof was higher than the one prevailing ..... beyond reasonable doubt whereas in the latter type of an enquiry, preponderance of probability is the guiding factor. but in all those cases, the criminal acts were committed in course of employment of in connection therewith or against the employer or the co-employee and thus, it also gave rise to misconduct resulting .....

Manju Chatterjee and anr. Vs. New India Assurance Co. Ltd. and anr.

Court : Kolkata

Reported in : 2008ACJ1086

..... gentleman and the life expectancy and his working ability, the structured formula, as mentioned in the second schedule and having reference to the provisions of section 163-a of the said act, the multiplying factor certainly can be adopted safely. if this is done the quantum of compensation can be arrived at by multiplying two-third of ..... 5,852 rounded off to rs. 5,800 per month. therefore, his annual income was rs. 69,600.10. we think if the structured formula of section 163-a of the said act, as submitted by mr. banik, is taken to be the standard or basis, then we will be perhaps in the safest position. otherwise, we shall ..... dependency factor is not the sole and only factor either to grant or to reject compensation. this application has been made under section 166 of motor vehicles act, 1988 (hereinafter referred to as 'the said act'). the said section is set out hereunder:166. application for compensation.--(1) an application for compensation arising out of an accident of the nature .....