Court : Mumbai
Reported in : 1991ACJ552
..... truck bearing no. mrl 2652 which belonged to the opponents. while the truck was parked in front of the deceased's room on 19th july, 1981, some dacoits threw explosives on him which resulted in a fatal injury and the deceased died in hospital on 21st july, 1981.2. however, the commissioner has not gone into the merits of the ..... 1) (d) (i) and was, therefore, not entitled to any compensation on that technical ground.3. mrs. doshi, the learned counsel for the applicant, referred to section 2 (1) (d) of the act for the proposition that parents would be dependent on the deceased even if he or she was part-dependent on the earnings of the workman. of course if she ..... applicant was the mother of the deceased and the question was whether she was or was not 'dependant' of the deceased within the meaning of section 2(1)(d)(i) of the workmen's compensation act. referring to the evidence of the applicant in which she had admitted that her husband was also doing manual work, the commissioner held that she .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR671; (1990)92BOMLR221
..... defined under the maharashtra prevention of communal, anti-social and other dangerous activities act, 1980. to appreciate the submission of the learned counsel. it is necessary to refer to section 2(a) of the act which defines the expression 'acting in any manner prejudicial to the maintenance of public order'. the expression means:-'( ..... ) making preparations for using or attempting to use, or using, or instigating, including or otherwise abetting the use of any lethal weapons (including firearms and explosives, inflammable or corrosive substances), where such preparations, using, attempting, instigating, inciting or abetting disturbs, or is likely to disturb public order;(iii) attempting to ..... the period is extended beyond twenty four hours but within outside limit of thirty days. the judicial magistrate while exercising powers under sub-section (3) of section 151 of the code, therefore, must ascertain whether the police officer has reasonable grounds to believe that the person has a design .....
Tag this Judgment!Court : Mumbai
Reported in : [1991]190ITR494(Bom)
..... that although he had information as to law in the form of a higher authority's order in his possession, he waited for its confirmation by the tribunal before acting on it. section 17(1)(b) is not attracted in such a situation. in our view, therefore, it was not open to the wealth-tax officer to reopen the assessments ..... division bench in wealth-tax reference no. 16 of 1964 is cwt v. arundhati balkrishna : [1970]77itr505(sc) . this judgment also does not deal with section 21, sub-section (4), of the wealth-tax act. it is concerned with the question whether the payments made to the assessee under the trust deed could be considered as assets within the meaning of ..... (b) of the income-tax act, 1961, as then in force. the court was required to consider when instruction or knowledge as to law can be considered as information. the court said that, in every case, a declaration or explosion to be law, must be a pronouncement from a formal source either legislative or judicial. a statement by a person .....
Tag this Judgment!Court : Mumbai
Reported in : [1990]78STC311(Bom)
..... [1974]2scr619 , there was no term or condition prohibiting diversion of the goods after the import. upon the said two facts, the supreme court held in indian explosives ltd.'s case : 1985(22)elt331(sc) , that it was established that there was integral connection or inextricable link between the transactions of sale and the actual ..... on 26th march, 1971, the assessee had submitted a tender for supply of carbamite (undyed) 29,100 kgs. for use in the manufacture of different types of propellant explosives as per specifications. messrs. chemisches werk lowi, west germany, were shown as the suppliers in the tender. the assessee had quoted the price c.i.f. per ..... this proposition, according to shri jetly, was the majority decision in the case of coffee board v. joint commercial tax officer : [1970]3scr147 . under section 5 of the central sales tax act (as the said provisions stood then), according to the majority view, the phrase 'sale in the course of export' comprises three essentials : (i) there .....
Tag this Judgment!Court : Mumbai
Reported in : 1991ACJ68; AIR1991Bom436; 1990(3)BomCR594; (1990)92BOMLR528; 1991(1)MhLj61
..... smt. vatschala uttam more is the mother of the deceased deepak uttam more who was one of the victims of the said explosion and fire.4. the said respondent filed an application under section 92-a of the motor vehicles act, 1939, against the present appellants before the motor accidents claims tribunal, satara. she also filed a separate application against the same parties ..... the tanker and another vehicle which occurred earlier and the escape of petrol from the tanker which ultimately resulted in explosion and fire were not unconnected but related events. therefore, the appellants were liable to pay under section 92-a of the act compensation to the dependents of the victim of the said accident.14. we are unable to accept the submission made .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(1)BomCR239
..... by the learned government advocate and also mr. nadkarni, for the respondent no. 3, that the representation dated 9th april, 1990 vide sub-section (4) of section 20 of the act made the government to reconsider the position to divide the school. this contention had to be rejected firstly for the simple reason that the settled ..... illegal shifting by the third respondent, members of the sangh called upon the third respondent to convene a general body meeting of the sangh to consider the explosive situation resulted from shifting of five divisions and that the respondent no. 3 not having complied with the requisition extraordinary general body meeting of the sangh was ..... order situation. an attempt was made calling upon the respondent no. 3 naik to convene an extraordinary general board meeting of the sangh to consider the explosive situation having failed as the third respondent naik did not convene any meeting, some of the members who by now become active invited an extraordinary general body .....
Tag this Judgment!Court : Mumbai
Reported in : 1992CriLJ394
..... any terrorist or disruptionist, contravenes any provision of, or any rule made under the arms act, 1959 ...... the explosives act, 1884, ..... the explosive substances act, 1908 ...... or the inflammable substances act, 1952, he shall, notwithstanding anything contained in any of the aforesaid acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be ..... magistrate shall furnish to the accused, free of cost, a copy of the police report (charge-sheet) and all other documents as set out in that section. the cognizance of any offence, therefore, can be taken by the court, under the scheme of the code of criminal procedure, after investigation is complete. ..... of a police officer has to be submitted only after completion of investigation and it has to be made in the manner and form prescribed under sub-sec. (2). this report is submitted when the investigation is complete, chapter xvi deals with commencement of proceedings before magistrate. u/s. 207, in any .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR695
..... the draft scheme to the government for its sanction within four months from the date of its publication as provided under sub-section (2) section 68 of the act. sub-section (3) of section 68 of the act then shows that after receiving the same and making such enquiry as it may deem fit, the government in consultation with ..... committee consisting of the town planning officer and not more than two of its other members as provided in sub-section (3) of section 35 of the act. sub-section (5) of section 35 of the act requires the said committee to give an opportunity of being heard to all persons including the representatives of the government ..... schedule of the constitution relating to 'economic and social planning' under which the town and country planning acts are enacted by the state legislatures under their concurrent power of legislation. in view of the population explosion and the haphazard growth and development of cities and towns, it became necessary to exercise effective control over .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR420
..... petition.5. the legal representatives of many other persons who died due to the said explosion and fire filed various claim petitions before the said motor accident claims tribunal and also filed applications for getting compensation under section 92-a of the act. the defence raised on behalf of the respondent was same and by common order ..... and 306-b contain adequate provisions which would enable the claims tribunal to satisfy itself in respect of the matters necessary for awarding compensation under section 92-a of the act and in view of these special provisions which were introduced in the rules by the amendments in 1984, the claims tribunal is not required to ..... an application for payment of rs. 15,000/- as compensation under section 92-a of the act. the said application was contested by the respondents on the ground that the motor accident claims tribunal has no jurisdiction to entertain the application as the explosion and fire resulting in injuries to the deceased could not be said .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR746; (1994)IIILLJ346Bom
..... account of which the existing canteen employees will be thrown out of employment for which the first respondent would be held responsible as the principal employer under section 46 of the factories act, 1948. again, on december 24, 1979, the president of the suburban general workers union addressed a letter to both the first respondent and the second ..... -company on one hand and the petitioners of the other.8. while dealing with a similar question, a division bench of the allahabad high court in indian explosive limited v. state of u.p. and ors. 1981 1 llj 423 held :'admittedly the petitioner-company is running its factory wherein more than 20 persons are ..... employed. under section 46 of the factories act, 1948 the petitioner-company is under statutory obligation to provide facility of canteen for its workmen employed in its factory. the canteen in question is being .....
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