Array ( [0] => ..... into death or disablement arose out of use of motor vehicle. the element of intention has no role to play under section 163a and section 140 of the 1988 act. section 165(1) of the 1988 act provides for constitution of motor accidents claims tribunals for adjudicating upon claims for compensation in respect of accidents involving the death of ..... feet from the highway. as a result of the collision, the petrol contained in the tanker leaked out and collected nearby, about four hours later, an explosion took place in the tanker causing burn injuries to those assembled near it. their lordships considered the meaning of the petrol tanker in the context of motor ..... file an application formally for compensation if the report of the accident has been forwarded to the claims tribunal under subsection (6) of section 158 of the 1988 act. sub-section (6) of section 158 was inserted on 14.11.1994. when a police officer has recorded any information regarding any accident involving the death or bodily ..... [1] => ..... , and in the case of a mine, it is due to fire, flood, excess of inflammable gas or explosion. learned counsel has referred to the definition of 'lay-off' contained in section 2(kkk) of the act and contended that it is only on one or more of the conditions prescribed therein that a permission can be ..... forged to indicate membership of the union, has been filed. learned counsel for the petitioner has submitted that under sub-section (2) of section 25m of the industrial disputes act, application for permission under sub-section (1) of section 25m can be made by the employer only after copy of such an application hassimultaneously been served on the workman concerned ..... find any substance in the contention of the petitioner that on the ground as projected before the specified authority permission could not have been granted under section 25m of the act.11. at this stage, it is also necessary to consider the contention advanced on the basis of the document annexure r-j-ii purporting to be ..... [2] => ..... other words, the court can award a maximum sentence of five years and with fine. section 4 of the act covering the mischief causing damage to public property by fire or explosive substance extend the maximum sentence to ten years with fine.7. section 2(h) of the code of criminal procedure reads as under:--'investigation' includes all the proceedings ..... as the first objection is concerned, the forest officers have no power to authorise any special agency to investigate the offence committed under the act of 1984. sub-section (2) of section 3 of that act provides that a minimum sentence for the offence shall be six months but it is punishable to the extent of five years and with ..... being in force. the words subject to any enactment for the time being inforce referred to this context must be the act of 1984. the act of 1984 docs not provide any procedure for investigation.9. section 5 of the code of criminal procedure reads as under:--'5. nothing contained in this code shall, in the absence of ..... [3] => ..... are produced for inspection of a court are known as documentary evidence. the use of words 'documents produced for inspection of a court' obviously means the original documents. section 59 of the act permits proof of all facts by oral evidence save the contents of a document. it is obvious that a written document has to be produced ordinarily for proving its ..... is conversant with the facts of the case and can satisfactorily depose in court on his behalf. (4) this section applies to the following government scientific experts, namely:-- (a) any chemical examiner or assistant chemical examiner to government; (b) the chief inspector of explosives; (c) the director of the finger print bureau; (d) the director, haffkeine institute, bombay; (e) the director (deputy ..... [4] => ..... of digging of well and accordingly, it dismissed the application filed for grant of compensation.4. aggrieved by the same, appellant preferred appeal before this court under section 30 of the act. this court on consideration of the material held that appellant was engaged by respondent no. 2 to dig the well and the wages agreed was at the ..... follows:'(xvi) employed in the making of any excavation in which on any one day of the preceding twelve months more than twenty-five persons have been employed or explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet.'ms. aiyer submits that the expression 'excavation' shall include the work of ..... that the appellant has nowhere pleaded that in the digging of well on any one day of the preceding twelve months more than twenty-five persons were employed or explosives were used or the depth of the well from its highest to its lowest point exceeded twelve feet.14. ms. aiyer however submits that the appellant in his ..... [5] => ..... 307 and 332 of the penal code. the said detenus had applied for bail and while the bail applications were pending, the district magistrate, lucknow purporting to act under sub-section (3) of the nsa, served a detention order on february 20 1986 on each of the four detenus. that was followed on february 21. 1986 by ..... not only that it mentions that when the house of the detenu was searched, the printed material and other material was found which was showing that it was explosively provocative and was seriously causing preudice to the communal harmony and the national interest; (11) besides that, it has been mentioned that the detenu was found to ..... to the apprehended circumstnaces. therefore, the specification of the period during which the district magistrate or commissioner of police is to exercise power under sub-section (2) of section 3 would depend on the subjective satisfaction as to the existence of the circumstances in praesenti or in future the supreme court observed that since very ..... [6] => ..... show cause notice but the fact which is not disputed is that petitioner was found involved in the case under section 506b and other sections of the ipc and section 3/5 of explosive substances act. petitioner was involved in two cases during pendency in crime no. 340/2001 and 618/2001. out of these ..... section 13 of gambling act. four under section 3/4 of gambling act, one was under section 25 of arms act, one of preventive action under section 109 cr. p.c., three under section 107/ 116/151 cr. p. c., three under different sections of ipc, one of them under section 307 ipc and after starting externment proceedings a case under section 506 ipc and section 3/5 of explosive substances act ..... was 26-6-2001. it was reported that petitioner was again arrested in the case under sections 147, 148, 149, 294, 506, 353, 332, 336, 427 of the ipc, and under section 3/5 of explosive substances act. even during the pendency of externment proceedings petitioner was found involved in the criminal activities. the ..... [7] => ..... in confined space. it is caused by employed labour. it may be used for protection of environment and health and it can be used as an explosive device. there are several alternative electricity sources as nuclear power electricity, wind mill, hydro-electric power. it is back bone of several business and commercial ..... activity in relation to an industry specified in the first schedule. the first schedule mentions the power generating industries. 'manufacturing process' is defined in section 2(k) of factories act, 1948 which means any process for 'generating, transforming or transmitting power'. the process for manufacture is involved before the electricity is transmitted after being ..... as hazardous substance, hence in the absence of notification of electricity, it cannot come within the definition of hazardous substance as defined in section 2(d)) of the act of 1991. the other facts are not repeated as they are not related to the points in question.5. learned counsel appearing for the ..... [8] => ..... no relevancy in legal and factual position with the present case. in the case of bhupendra singh (supra) the question of grant of sanction was under section 7 of the explosive substances act, 1908 (for brevity 'the explosive act'), in which the central government is empowered to grant consent for the prosecution. the central government has delegated it to the district magistrate. therefore, the view ..... has been taken that the state government is not competent to further delegate this power to the additional district magistrate.6. in the instant case under section 39 ..... [9] => ..... collect the same from the owner of the vehicle. this could be the only legitimate conclusion to be drawn from the peremptory language of section 92-a of the 1939 act or section 140 of the 1988 act.7. again in the case of samir chanda v. managing director, assam state trans. corporation 1998 acj 1351 (sc), the supreme ..... the appellants, in this case that the said tractor was carrying some explosive substance for the use of agriculture purposes and prima facie there was no case for holding any inquiry, as required under section 140 for deciding a claim petition filed under section 166 of the act.8. learned counsel for the appellants also cited a decision of ..... passed by the member, motor accidents claims tribunal, kukshi, district dhar, in claim case no. 104 of 2000, whereby the tribunal has rejected the application under section 140 of the act, for grant of interim compensation under no fault liability, simply on the ground that the tractor in question was not in a running position, but it was ..... [10] => ..... name was included in the two lists. the high court thought that to constitute the offence of personation under section 171d, penal code, it is necessary to prove that the accused in doing the act with which he-' is charged was actuated by a corrupt motive.6. that is the only case on the ..... and enquiries act act 39 of 1920. the chapter consists of nine sections the first section 171a defines 'candidate' and 'electoral right'. section 171b defines the offence of 'bribery'; section 171c that of 'undue influence at elections' and section 171d that of personation at elections. section 171e, then prescribes punishment for bribery and section 171f deals with election. section 171g deals ..... bench of the high court (beasley c. j. and pandalai j.) this section of the indian penal code corresponds to section 24 of the english ballot act 35 and 36, vic., chap. xxxiii. the two sections were compared and an english decision on that section, 'stepney case, isaacson v. duranf 1886 17 qbd 54 (p), was ..... [11] => ..... dixit j. in a single bench. but as the case involved an important point of law he referred the matter to a larger bench under section 29 of the high court of judicature act. consequently this case came up for hearing before us.7. in case no. 329 of 1950 the misappropriation was of various items made during ..... dates and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 234, provided the acts are committed within the space of one year.by this provision sections 233 and 234 stand further amended. section 233 says that for every offence there shall be a separate charge and a separate trial ..... the majority decision followed the view taken by the bombay high court. they held that section 222 sub-section (2) only dispenses with the particulars which otherwise would be required, but it does not say that the gross sum is to include every act of misappropriation committed within the dates specified inthe essence of the offence is the misappropriation and ..... [12] => ..... have, its usual seat.on 3 february 1955 the government published a notification in the gazette appointing sri kher to be 'a permanent industrial tribunal' under section 7 of act xiv of 1947. sri kher is a member of madhya bharat judicial service holding the substantive rank of a civil judge, first class. early in ..... to say specifically that the expression 'district judge' includes an additional district judge only shows that according to the definition of 'district judge' given in section 3(17), general clauses act, which, under article 367 applies for the interpretation of the constitution, an additional district judge is not included in the term of 'district judge.' ..... 'shall mean' and not the word' 'includes' or the words 'shall include.' the definition does not, like the definition of 'magistrate' given in section 3(32), general clauses act, say that a district judge shall include every person exercising all or any of the powers of a district judge. it is thus an exhaustive definition. ..... [13] => ..... it is no doubt that it is a very serious blunder on his part to do so; yet, considering that he had powers to tender pardon under section 8 12) of the criminal law amendment act (46 of 1952), the tender of pardon to nasarali cannot be held to be invalid. howsoever serious the mistake may be, it cannot go to the ..... dhar. in the order of his successor shri raj narayan shingal, the point has been made clear that the pardon is tendered not under section 337 cr. p. c., but under section 8 (2) of the criminal law amendment act, and that the seal of the sessions judge below the signature of mr. atal is a minor mistake, i think this explanation of ..... of the sessions judge below his signatures also makes the pardon illegal. the learned government advocate, in his reply, justified the order of mr. shingal on the ground that section 8 (2) of the criminal law amendment act empowers a special judge to tender pardon; so it should be taken that the pardon was tendered by the special judge, dhar, under that ..... [14] => ..... has jurisdiction in this case we must ascertain whether the accused could be held to have committed any of the offences mentioned in section 6 criminal law amendment act 1952.15. section 6 of the act referred to above is as follows:power to appoint special judge,-(1) the state government may, by notification in the official gazette ..... be specified in the notification to try the following offences, namely:(a) an offence punishable under section 161, section 165 or section 165a of the indian penal code (act xlv of 1860) or sub-section (2) of section 5 of the prevention of corruption act, 1947 (ii of 1947)(b) any conspiracy to commit or any attempt to commit or any ..... his pre-existing territories and the newly acquired territories.with that idea he extended all his laws to the new territory. exception made in section 3 with regard to the three acts was evidently in pursuance of the standstill agreement and applied equally to his preexisting territories as it related to the subject of 'transit and ..... [15] => ..... workmen's compensation act. the definition is contained in section 2(1)(n) of the act. it reads as follows:'workman' means any person (other than a person whose employment is of a casual nature and who is employed ..... building. this is a finding of fact and is not open to challenge in view of the provisions of section 30 of the act. once this is held, it is quite obvious enough that damodar came within the ii schedule of the act.6. the next question is whether he was employed on monthly wages not exceeding rs. 400. no doubt, ..... dispute any longer.3. the appeal of the employer is directed only against the finding that damodar falls within the definition of 'workman' given in the workmen's compensation act. according to the employer, both the learned commissioner as well as the learned single judge have erred in holding that damodar can be described as a workman within the ..... [16] => ..... p., 1950 scr 759: (air 1951 sc 118) (a). as against this it is contended on behalf of respondent no. 1 that the provisions of section 99 of the municipalities act are controllable, inasmuch as the legislature has not left the matter to the caprice of an individual. the order of the president of the municipal committee is ..... 211) (b) and gurubachan v. state of bombay, 1952 scr 737: (air 1952 sc 221) (c).7. in my opinion, sub-section (2) of section 99 of the c. p. and berar municipalities act, 1922, does not give the executive authority an absolute power to refuse sanction. there is a guidance by the legislature as to the conditions ..... interestsof the residents of the locality. the petitioner has, therefore, filed this petition.4. the sanction was refused under sub-section (2) of section 99 of the central provinces and berar municipalities act, 1922. that sub-section is as follows:--'the president shall not refuse to sanction the erection or re-erection of a building otherwise than on ground ..... [17] => ..... and bardana, the price of which has been included by the assessee in the pressing charges charged from his customers, is a sale as defined under section 2(o) of the sales-tax act'.the commissioner has now made this reference at the instance of the assessee. he has submitted as many as six questions for decision. but all of ..... the question has to be answered with reference to the definitions of 'dealer', 'goods' and 'sale' given in the act. under section 3(1) every dealer is liable to pay tax on his taxable turnover subject to the provisions of the act. section 2 (f) defines 'dealer' as meaning any person or association of persons carrying on the business of selling or supplying ..... (a), while dealing with the meaning of the word 'sale' as used in the madras general sales-tax act, their lordships of the supreme court pointed out that in the definition of the word 'sale' in section 2(h) of the madras act stress was laid on the element of transfer of property in a sale and no other.in air 1954 ..... [18] => ..... 's services without assigning any reason and without giving him any prior notice. the claim, according to him, would be in the nature of damages claimable under section 73 of the contract act and having regard to the nature of the employment one month's salary would be the reasonable measure of damages in such a case. he relied for this ..... cannot be a ground for supporting the contention that the claim for damages is not tenable. in halsbury's laws of england, lord hailsham edition, volume 22, page 150, section 249, it is stated that if no usage or stipulation as to notice exists, and if the contract of service is not one which can be regarded as a yearly ..... that the defendant should have employed the plaintiff. the conclusion drawn by the court below on the evidence referred to above cannot be said to be such that no court acting judicially could have legally reached.9. as regards the revision petition filed on behalf of the plaintiff mr. waghmare's main defence is that in the plaint it had ..... [19] => ..... and the special officer therefore cannot be said to be invalid nor can the effectiveness of such appointment be postponed till the commencement of the act by notification under section 1 (2) of the act. 39. two questions emerge for consideration on this aspect of the case which pertain to the legality of assumption of offices by respondents nos. ..... one contained in schedule 7 (iii) (d) which is as under : 'in the case of election of members by registered graduates under number (20) of section 16 of the act, the registrar shall prepare and publish at the end of every three years ending on the 61st march preceding the election, an electoral roll of the registered graduates ..... the authority of law to take necessary action for the purpose of bringing the university into being; that in exercise of the power thus conferred by section 44 of the act the chancellor has duly appointed respondent no. 4 as the vice-chancellor and respondent no. 6 as the assistant registrar and that no registrar has so ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Madhya Pradesh - Page 5 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: madhya pradesh Page 5 of about 4,639 results (0.405 seconds)

Feb 16 2001 (HC)

Kaushalya Bai and ors. Vs. Ramkishan Kirar and ors.

Court : Madhya Pradesh

Reported in : I(2001)ACC742; 2001ACJ1176

..... into death or disablement arose out of use of motor vehicle. the element of intention has no role to play under section 163a and section 140 of the 1988 act. section 165(1) of the 1988 act provides for constitution of motor accidents claims tribunals for adjudicating upon claims for compensation in respect of accidents involving the death of ..... feet from the highway. as a result of the collision, the petrol contained in the tanker leaked out and collected nearby, about four hours later, an explosion took place in the tanker causing burn injuries to those assembled near it. their lordships considered the meaning of the petrol tanker in the context of motor ..... file an application formally for compensation if the report of the accident has been forwarded to the claims tribunal under subsection (6) of section 158 of the 1988 act. sub-section (6) of section 158 was inserted on 14.11.1994. when a police officer has recorded any information regarding any accident involving the death or bodily .....

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Mar 15 2001 (HC)

Sae Mazdoor Union, Jabalpur Vs. the Labour Commissioner, Indore and Ot ...

Court : Madhya Pradesh

Reported in : 2001(3)MPHT200; 2002(3)MPLJ249

..... , and in the case of a mine, it is due to fire, flood, excess of inflammable gas or explosion. learned counsel has referred to the definition of 'lay-off' contained in section 2(kkk) of the act and contended that it is only on one or more of the conditions prescribed therein that a permission can be ..... forged to indicate membership of the union, has been filed. learned counsel for the petitioner has submitted that under sub-section (2) of section 25m of the industrial disputes act, application for permission under sub-section (1) of section 25m can be made by the employer only after copy of such an application hassimultaneously been served on the workman concerned ..... find any substance in the contention of the petitioner that on the ground as projected before the specified authority permission could not have been granted under section 25m of the act.11. at this stage, it is also necessary to consider the contention advanced on the basis of the document annexure r-j-ii purporting to be .....

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Apr 24 2001 (HC)

Anand Kumar Goenka Vs. State of M.P. and Others

Court : Madhya Pradesh

Reported in : 2001(3)MPHT252; 2001(3)MPLJ272

..... other words, the court can award a maximum sentence of five years and with fine. section 4 of the act covering the mischief causing damage to public property by fire or explosive substance extend the maximum sentence to ten years with fine.7. section 2(h) of the code of criminal procedure reads as under:--'investigation' includes all the proceedings ..... as the first objection is concerned, the forest officers have no power to authorise any special agency to investigate the offence committed under the act of 1984. sub-section (2) of section 3 of that act provides that a minimum sentence for the offence shall be six months but it is punishable to the extent of five years and with ..... being in force. the words subject to any enactment for the time being inforce referred to this context must be the act of 1984. the act of 1984 docs not provide any procedure for investigation.9. section 5 of the code of criminal procedure reads as under:--'5. nothing contained in this code shall, in the absence of .....

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May 15 2001 (HC)

Govind Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 2001(4)MPHT466

..... are produced for inspection of a court are known as documentary evidence. the use of words 'documents produced for inspection of a court' obviously means the original documents. section 59 of the act permits proof of all facts by oral evidence save the contents of a document. it is obvious that a written document has to be produced ordinarily for proving its ..... is conversant with the facts of the case and can satisfactorily depose in court on his behalf. (4) this section applies to the following government scientific experts, namely:-- (a) any chemical examiner or assistant chemical examiner to government; (b) the chief inspector of explosives; (c) the director of the finger print bureau; (d) the director, haffkeine institute, bombay; (e) the director (deputy .....

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Jul 20 2001 (HC)

Babulal Vs. Jagtap Singh and anr.

Court : Madhya Pradesh

Reported in : 2003ACJ166; (2002)IILLJ224MP; 2002(1)MPLJ279

..... of digging of well and accordingly, it dismissed the application filed for grant of compensation.4. aggrieved by the same, appellant preferred appeal before this court under section 30 of the act. this court on consideration of the material held that appellant was engaged by respondent no. 2 to dig the well and the wages agreed was at the ..... follows:'(xvi) employed in the making of any excavation in which on any one day of the preceding twelve months more than twenty-five persons have been employed or explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet.'ms. aiyer submits that the expression 'excavation' shall include the work of ..... that the appellant has nowhere pleaded that in the digging of well on any one day of the preceding twelve months more than twenty-five persons were employed or explosives were used or the depth of the well from its highest to its lowest point exceeded twelve feet.14. ms. aiyer however submits that the appellant in his .....

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Jul 31 2001 (HC)

Shahajad Vs. State of M.P. and anr.

Court : Madhya Pradesh

Reported in : 2002CriLJ1587; 2001(3)MPLJ600

..... 307 and 332 of the penal code. the said detenus had applied for bail and while the bail applications were pending, the district magistrate, lucknow purporting to act under sub-section (3) of the nsa, served a detention order on february 20 1986 on each of the four detenus. that was followed on february 21. 1986 by ..... not only that it mentions that when the house of the detenu was searched, the printed material and other material was found which was showing that it was explosively provocative and was seriously causing preudice to the communal harmony and the national interest; (11) besides that, it has been mentioned that the detenu was found to ..... to the apprehended circumstnaces. therefore, the specification of the period during which the district magistrate or commissioner of police is to exercise power under sub-section (2) of section 3 would depend on the subjective satisfaction as to the existence of the circumstances in praesenti or in future the supreme court observed that since very .....

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Jun 25 2002 (HC)

Abid Ali S/O Sayyad Ali Vs. State of M.P. and anr.

Court : Madhya Pradesh

Reported in : 2003CriLJ3103; 2003(1)MPLJ598

..... show cause notice but the fact which is not disputed is that petitioner was found involved in the case under section 506b and other sections of the ipc and section 3/5 of explosive substances act. petitioner was involved in two cases during pendency in crime no. 340/2001 and 618/2001. out of these ..... section 13 of gambling act. four under section 3/4 of gambling act, one was under section 25 of arms act, one of preventive action under section 109 cr. p.c., three under section 107/ 116/151 cr. p. c., three under different sections of ipc, one of them under section 307 ipc and after starting externment proceedings a case under section 506 ipc and section 3/5 of explosive substances act ..... was 26-6-2001. it was reported that petitioner was again arrested in the case under sections 147, 148, 149, 294, 506, 353, 332, 336, 427 of the ipc, and under section 3/5 of explosive substances act. even during the pendency of externment proceedings petitioner was found involved in the criminal activities. the .....

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Jun 26 2002 (HC)

M.P. State Electricity Board Vs. the Collector and anr.

Court : Madhya Pradesh

Reported in : 2003ACJ971; AIR2003MP156; 2003(1)MPHT371

..... in confined space. it is caused by employed labour. it may be used for protection of environment and health and it can be used as an explosive device. there are several alternative electricity sources as nuclear power electricity, wind mill, hydro-electric power. it is back bone of several business and commercial ..... activity in relation to an industry specified in the first schedule. the first schedule mentions the power generating industries. 'manufacturing process' is defined in section 2(k) of factories act, 1948 which means any process for 'generating, transforming or transmitting power'. the process for manufacture is involved before the electricity is transmitted after being ..... as hazardous substance, hence in the absence of notification of electricity, it cannot come within the definition of hazardous substance as defined in section 2(d)) of the act of 1991. the other facts are not repeated as they are not related to the points in question.5. learned counsel appearing for the .....

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Jul 30 2002 (HC)

Vijay Bahadur @ Bahudar Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2002(4)MPHT167

..... no relevancy in legal and factual position with the present case. in the case of bhupendra singh (supra) the question of grant of sanction was under section 7 of the explosive substances act, 1908 (for brevity 'the explosive act'), in which the central government is empowered to grant consent for the prosecution. the central government has delegated it to the district magistrate. therefore, the view ..... has been taken that the state government is not competent to further delegate this power to the additional district magistrate.6. in the instant case under section 39 .....

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Aug 13 2002 (HC)

Runabai and ors. Vs. Mannalal and ors.

Court : Madhya Pradesh

Reported in : 2003ACJ1493

..... collect the same from the owner of the vehicle. this could be the only legitimate conclusion to be drawn from the peremptory language of section 92-a of the 1939 act or section 140 of the 1988 act.7. again in the case of samir chanda v. managing director, assam state trans. corporation 1998 acj 1351 (sc), the supreme ..... the appellants, in this case that the said tractor was carrying some explosive substance for the use of agriculture purposes and prima facie there was no case for holding any inquiry, as required under section 140 for deciding a claim petition filed under section 166 of the act.8. learned counsel for the appellants also cited a decision of ..... passed by the member, motor accidents claims tribunal, kukshi, district dhar, in claim case no. 104 of 2000, whereby the tribunal has rejected the application under section 140 of the act, for grant of interim compensation under no fault liability, simply on the ground that the tractor in question was not in a running position, but it was .....

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