Court : Patna
..... view of the fact that india was a free country and no longer subject to british rule. we may now examine the relevant provisions of the arms act, 1959. section 2(c) of the act defines a firearm as follows:'firearm' means arms of any decription designed or adapted to discharge a projectile or projectiles of any kind by the action of ..... while the criminal is armed with a country-made pistol or gun (if not a kalashnikov or ak 47) hence on a resonable interpretation of sections 13 and 14 of the arms act 1959 read with sections 96-106 i.p.c. it follows that an indian citizen has a right to bear non-prohibited arms.76. as regards prohibited arms it ..... any explosive or other forms of energy and includes.under section 2(1) 'prohibited arms' means:(i) firearms so designed or adapted that if pressure is applied to the trigger .....
Tag this Judgment!Court : Patna
..... state transport authority, bihar : air1985pat87 . the learned counsel .further, submitted' that a permit can be cancelled only for the reasons arise enumerated in sub-section (4) or' section 86 of the motor vehicles act, 1988 and as in the instant case, it has not been found that the petitioner has contravened the conditions of the permit, the question of cancellation ..... passed.6. respondent no. 2 has also found that from a perusal of the relevant records, it appears that the vehicle in question was previously a 1978 model explosive van and a fraud had been practised to convert it into a bus purported to be of 1989 model, in this view of the matter, in our opinion, ..... no. 2. in mangilal v. appellate tribunal reported in , it was held as follows in paragraph 8:8. fraud is committed wherever one man causes another to act on a false belief by a representation which he does not himself believe to be true. it is apparent from what has been discussed above that the petitioner caused respondent .....
Tag this Judgment!Court : Patna
..... prevented from receiving or using the electrical energy to be supplied under this agreement either in whole, or in part due to strike, riots, fire, floods, explosions, act of god or any other case reasonably beyond control if the board is prevented from supplying or unable to supply such electrical energy owing to any or all of ..... in order to supply electricity to a consumer at its maximum demand. 12. as a corollary to this mr. sen contended that divorced from the proviso to section 22 the realisation of any minimum guaranteed charges would be wholly insupportable. it would amount to conferring on the board the right to recover the minimum guaranteed ..... that the provision contained in clause 4 of the agreement had its statutory source in the proviso to section 22 of the indian electricity act, 1910 and owed its justification and validity to the said proviso, section 22 of the indian electricity act, 1910 is as follows: '22. obligation on licensee to supply energy. where energy supplied by a .....
Tag this Judgment!Court : Patna
..... the said tariff defines the three categories of insurance coverage as follows:comprehensive cover: loss of or damage to the insured vehicle by accidental external means, malicious acts, external explosion, fire, lightning, self-ignition, burglary, house-breaking, theft, strike, riot, flood, earthquake and transit by air, rail, road, inland waterway, lift ..... indemnify the owner of the vehicle for the entire liability arising in respect of the claims by the public under the act because of any accidental personal injury.11. further, section 11 of the policy in question relates to liability to third parties and its clause (1) reads as under:(i) ..... is widely worded and covers the entire liability of the owners. limits of this extensive liability are provided in the proviso to the aforesaid section and do not include a case like the present one. under the circumstances, this provision would indicate that the insurance company under this .....
Tag this Judgment!Court : Patna
..... _______________________________________________________________________the said tariff defines the three categories of insurance coverages as follows:comprehensive cover: loss of or damage to the insured vehicle by accidental external means, malicious acts, fire, external explosion, lightning, self ignition, burglary, house-breaking, theft, strike, riot, flood, earthquake and transit by air, rail, road, inland waterway, lift, elevator ..... the owner of the vehicle for the entire liability arising in respect of the claims by the public under the act because of any accidental personal injury.11. further, section ii of the policy in question relates to liability to third parties and its clause (i) reads as under:( ..... widely worded and covers the entire liability of the owners. limits to this extensive liability are provided in the proviso to the aforesaid section and do not include a case like the present one. under the circumstances, this provision would indicate that the insurance company under .....
Tag this Judgment!Court : Patna
..... no objection certificate, a copy of which has been annexed as annexure-7 to the writ application no. 7503/94. thereafter, the corporation took a licence for explosive substance act. the respondent proceeded with the construction work and completed the same by 25-11-1993. the retail outlet was named and styled as m/s. sriyam fuel ..... petroleum products because of the hindrance put by the district magistrate from time to time. once the district magistrate has granted no objection certificate under section 144 of the petroleum act, he has no jurisdiction under the law to restrain the petitioner from making construe-tions or proceed with the sale of the petroleum and as ..... the respondent in his writ application is concerned, from the facts it is clear that the district magistrate has given 'no objection certificate' under section 144 of the petroleum product act by letter dated 7-10-1993. no provision has been brought to our notice by the counsel appearing for the state which empowers the district .....
Tag this Judgment!Court : Patna
..... ceased to have any right to use this site for storing petroleum products. the licensee, i.e. i.o.c. which had obtained a licence under the explosive substances act had no right to use the site because of expiry of the period of the lease deed executed between his agent i.e. the petitioners and the land owner ..... disposal of these writ petitions, may briefly be stated as follows. the indian oil corporation limited (to be referred to as 'the i.o.c.') had obtained an explosive licence (annexure-1) for erecting of retail outlet in the premises in town of muzaffarpur and the petitioners, who are firms, had been appointed as agents under an ..... and communication, namely, annexure-6 made by the district magistrate ordering stoppage by the petitioners of sale of petroleum products; an order passed by the controller of explosives, calcutta, suspending the explosive licence of the petitioners; the order (annexure-7) passed by the indian oil corporation ltd. suspending the supply of m.s./h.s.d. to the .....
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..... consumer is prevented from receiving or using the electrical energy to be supplied under this agreement either in whole or in part due to strikes, riots, fire, hoods, explosions, act of (god or any other case-reasonably beyond control or if the board is prevented from supplying or unable to supply such electrical energy owing to any or all ..... concerned in this case.14. the statutory basis for the terms in the agreement providing for minimum annual charge is to be found in section 22 of the act and section 48 of the supply act. section 22 deals with obligation of licensee to supply energy provided the person entitled to demand, or to continue to receive, from a licensee a ..... the government or such other person, as the case may be. it is not controverted that the petitioner is a consumer.12. in view of sub-section (1) of section 23 of the act, in order to prevent any undue preference to any person by the licensee in making any agreement for the supply of energy, this provision envisages making .....
Tag this Judgment!Court : Patna
Reported in : 1995(2)BLJR1285
..... consumer is prevented from receiving or using the electrical energy to be supplied under this agreement either in whole or in part due to strikes, riots, fire, hoods, explosions, act of (god or any other case-reasonably beyond control or if the board is prevented from supplying or unable to supply such electrical energy owing to any or all ..... concerned in this case.14. the statutory basis for the terms in the agreement providing for minimum annual charge is to be found in section 22 of the act and section 48 of the supply act. section 22 deals with obligation of licensee to supply energy provided the person entitled to demand, or to continue to receive, from a licensee a ..... the government or such other person, as the case may be. it is not controverted that the petitioner is a consumer.12. in view of sub-section (1) of section 23 of the act, in order to prevent any undue preference to any person by the licensee in making any agreement for the supply of energy, this provision envisages making .....
Tag this Judgment!Court : Patna
..... of the first information report lodged under section 9(b) of the explosives act, 1884 (hereinafter referred to as the act) read with rule 5 of the explosives rules (shortly the rules) as well as the order taking cognizance dated 7.9.1994 for an offence under section 5 of the explosive substance act (hereinafter to be referred to as 'the substance act). 2. before dealing with the points raised ..... offences] committed under this act. the section reads as follows:7. restriction on trial of offence: no court shall proceed to the trial of any person for an offence against the act except with the consent of the central government.13. on close scrutiny of the relevant provisions of the aforesaid two acts, namely, the explosive act, 1884 as well as the explosive substance act, 1908, it is apparent .....
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