Court : Mumbai Nagpur
..... worked ever since. their trainability has led to them being used over the centuries in roles varying from the simple barking burglar alarm to the detector of the contraband and explosives and in wars. 6. in this writ petition we are called upon to decide whether the petitioner who was the companion of the dog 'rover' for considerable period ..... acted negligently or recklessly due to which dog 'rover' received alleged serious injury and thereby causing dent to the 'close association' of dog and human-host. 7. we have perused the .....
Tag this Judgment!Court : Mumbai Nagpur
..... worked ever since. their trainability has led to them being used over the centuries in roles varying from the simple barking burglar alarm to the detector of the contraband and explosives and in wars. 6. in this writ petition we are called upon to decide whether the petitioner who was the companion of the dog 'rover' for considerable period ..... acted negligently or recklessly due to which dog 'rover' received alleged serious injury and thereby causing dent to the 'close association' of dog and human-host. 7. we have perused the .....
Tag this Judgment!Court : Mumbai Nagpur
..... in transit of goods except in an events like act of god, act of war, fire, explosion or any unforeseen reason. there is a proviso to section 73 which is relevant. it reads thus: provided that even where such loss, destruction, damage, deterioration or non-delivery ..... goods like stable bleaching powder. therefore, the tribunal was justified in negativing the defence of improper packing of consignment by the respondent. 9] section 73 of the indian railways act 1890 casts responsibility upon the railway administration as carrier of animals and of goods, for the loss, destruction, damage, deterioration or non delivery, ..... of damages due to fire, the railway administration is exempted from making good the loss and for that he relied upon the provisions of section 73(i) of the indian railways act 1989. 6] mr. dube, the learned counsel appearing for the respondent supported the order passed by the tribunal. 7] the first .....
Tag this Judgment!Court : Mumbai Nagpur
..... in transit of goods except in an events like act of god, act of war, fire, explosion or any unforeseen reason. there is a proviso to section 73 which is relevant. it reads thus: provided that even where such loss, destruction, damage, deterioration or non-delivery ..... packing goods like stable bleaching powder. therefore, the tribunal was justified in negativing the defence of improper packing of consignment by the respondent. 9] section 73 of the indian railways act 1890 casts responsibility upon the railway administration as carrier of animals and of goods, for the loss, destruction, damage, deterioration or non delivery, ..... of damages due to fire, the railway administration is exempted from making good the loss and for that he relied upon the provisions of section 73(i) of the indian railways act 1989. 6] mr. dube, the learned counsel appearing for the respondent supported the order passed by the tribunal. 7] the first .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the districts of gadchiroli. fir no.3001 of 2013 was lodged under sections 13, 18, 39 of the unlawful activities (prevention) act, 1967 read with sections 4 and 5 of the explosives substances act and further read with sections 395, 143, 147, 148,149 and section 120-b of the indian penal code. 2) it is case of the ..... to attain their objectives, howsoever laudable they may be and those who have formed gangs or groups clandestinely to indulge in illegal acts and omissions for collection, transportation, distribution and use of illegal explosives, accessories, arms and ammunition are aided, assisted or helped by the local persons voluntarily or may be even involuntarily, which ..... the other hand the accused applicant and his brother also need to be thoroughly investigated. in my opinion, with stumbling block of section 43d (4) of the unlawful activities (prevention) act as barrier to the plea of the applicant for pre-arrest bail order, the only option for the applicant is to surrender himself .....
Tag this Judgment!Court : Mumbai Nagpur
..... admitted and therefore, it is not in dispute that the motor vehicle's battery was used for igniting the fuse of explosive. the question is whether such use was 'use of motor vehicle' as contemplated under section 165 of the act? broad definition of accident arising out of use of motor vehicle is given in subsection (1) of ..... to be a 'use of vehicle'. if the vehicle was not used for causing explosion, it cannot be said that the accident that took place was accident arising out of use of motor vehicle as defined in section 165. the claim petition under section 166 thus, was not maintainable. the learned chairman committed serious error in appreciating the ..... section 165 reads as under: 165 (1) : a state government may, by notification in the official gazette, constitute one or more motor accidents .....
Tag this Judgment!Court : Mumbai Nagpur
..... , gadchiroli, in sessions case no.40/2009 is set aside. the appellant is acquitted of the offences punishable under sections 25(1)(1-b)(a) read with section 3 of the arms act and section 5(a) of the explosive substance act, 1908. he shall be released from prison, if not required in any other case. the appeal stands disposed of ..... appellant for the offence punishable under section 5(a) of the explosive substance act. it is also not necessary to examine the consent granted by the district magistrate under section 39 of the arms act for prosecution of the appellant for violation of section 3 of the act, punishable under section 25(1)(1-b) (a) of the act. 15. as far as ..... oral judgment: 1. the appellant is convicted for the offences punishable under sections 25(1)(1-b)(a) read with section 3 of the arms act and section 5(a) of the explosive substance act, 1984. he has been sentenced to suffer rigorous imprisonment for 2-1/2 years for the former offence and rigorous imprisonment for 5 years for .....
Tag this Judgment!Court : Mumbai Nagpur
..... the town planning department. respondent-plaintiff instituted the suit for declaration that explosives licence issued by original defendant no. 1 to the applicant is illegal and that the applicant has no right to do business on the plots ..... violation of prescribed norms, hurriedly completed construction of petrol pump. not only this, but original defendants no. 1 and 2 (department of explosives) in the suit issued explosives licence to applicant blindly, without insisting upon applicant to adhere to the usual conditions of obtaining no objection certificates from the development authorities including ..... absence of cause of action, plaint is liable to be rejected. he also contends that suit is not maintainable in view of the provisions of section 34 of the specific relief act. learned counsel relied upon the following rulings: (1) state of punjab and ors v. gurdev singh (1991) 4 scc 1 (2) .....
Tag this Judgment!Court : Mumbai Nagpur
..... of censor board and accordingly certificates were issued by the censor board. in case, any person is aggrieved by such certificate, remedy lies under section 5d of the cinematograph act. but then certification by the censor board, could not have been ignored and in the instant case, even by magistrate. the magistrate did not ..... the relevant paragraphs of the said judgment which read thus: 7. indeed, the penal code is general, the cinematograph act is special. the scheme of the latter is deliberately drawn up to meet the explosively expanding cinema menace if it were not strictly policed. no doubt, the cinema is a great instrument for public good ..... summons. the first question is answered against the appellant accordingly. ? 23. therefore, the position has now come to rest to the effect that the revisional jurisdiction under section 397 crpc is available to the aggrieved party in challenging the order of the magistrate, directing issuance of summons. ? 9. in view of above, following order .....
Tag this Judgment!Court : Mumbai Nagpur
..... already discussed hereinabove, the authority would be empowered to levy fee only after a notification is published in the official gazette, as required under sub-section 1 of section 11 of the said act. undisputedly the notification is issued on 3.3.2014. by now, it is a settled principle of law that the authority would be empowered ..... buildings or group or complexes of buildings or slums are prone to frequent fire hazards. in slum areas, unscrupulous persons have been using premises for keeping hazardous explosives and highly inflammable goods. major fires in such buildings and slums have taken a heavy toll of human life and heavy damage to the property. the disaster ..... schedule ii. 23. however, in the present case, even prior to notification being issued under sub-section 1 of section 11 of the act of 2006, after the notification was issued under sub-section 3 of section 1 of the said act, the corporation has imposed and collected the fees at twice the rate as provided in schedule ii of .....
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