Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: supreme court of india Year: 2006 Page 2 of about 337 results (0.090 seconds)

Sadashiv Ramrao Hadbe Vs. State of Maharashtra and anr.

Court : Supreme Court of India

Reported in : (2006)108BOMLR315; (2006)10SCC92

..... by the prosecutrix is unsupported by any medical evidence or the whole surrounding circumstances are highly improbable and belie the case set up by the prosecutrix, the court shall not act on the solitary evidence of the prosecutrix. the courts shall be extremely careful in accepting the sole testimony of the prosecutrix when the entire case is improbable and unlikely to ..... intercourse and for collection of smegma around corono-glandia period of 24 hours is required. this scientific evidence also did not support the prosecution. had there been a vigorous sexual act as alleged by the prosecutrix there could not have been the presence of smegma on his private part.8. it is true that in a rape case the accused could .....

Wachovia Bank, N. A. Vs. Schmidt

Court : US Supreme Court

..... years, the word established appearing in the first paragraph of 1348 and the word located appearing in the second paragraph were placed in the same section in the 1911 revision. the codifying act stated that provisions substantially the same as existing statutes should not be treated as new enactments. thus, it is unsurprising that, in 1947, this ..... 416 417 (internal quotation marks omitted). banks have a physical presence, the fourth circuit stated, wherever they operate branches. id. , at 417. next, the court noted, section 1348 uses two distinct terms to refer to the presence of a banking association: established and located. id., at 419. to give independent meaning to each word, the court said ..... its own motion, even if no party raises an objection. see, e.g., mansfield, c. & l. m. r. co. v. swan, 111 u. s. 379 , 382 (1884); fed. rule civ. proc. 12(h)(3). cognizant that venue is primarily a matter of choosing a convenient forum, leroy v. great western united corp., 443 u. s. 173 , .....

Gonzales Vs. Oregon

Court : US Supreme Court

..... for legitimate medical purpose is in fact a hazily defined federal standard based on its purposive reading of the csa, and extracted from obliquely relevant sections of the act. in particular, relying on its observation that the criteria for scheduling controlled substances are primarily concerned with addiction or abnormal effects on the nervous ..... of registrants), 828 (order forms), 829 (prescription requirements), 830 (regulation of listed chemicals and certain machines). it would be peculiar for the first section of this part to authorize rulemaking for matters covered by the previous part. the only sensible interpretation of 821 is that it gives the attorney general ..... specifically, the delegating provision stated that the eeoc shall issue regulations . . . to carry out this subchapter, 42 u. s. c. 12116, and the section of the statute defining disability was in a different subchapter. the court did not accept the idea that because the employment subchapter, i.e. , this subchapter, .....

Vikram Cement Vs. Commnr. of Central Excise, Indore

Court : Supreme Court of India

Reported in : 2006(194)ELT3(SC); JT2006(1)SC385; 2006(1)SCALE327; (2006)2SCC351

..... the duty payable thereon. as far as the explanation is concerned, the inputs are restricted to inputs notified under rule 57a. there is no dispute that both explosives and limestone are notified under section 57a for manufacture of the final product viz. cement.5. the next relevant rule is rule 57f. what we are concerned with is sub-rule (4) ..... 1. the question whether the decision in jaypee rewa cement v. cce : 2001ecr193(sc) would apply to the cenvat rules 2000 framed under the central excise tariff act 1985 (referred to as the 'act') is to be decided on a reference made in this case. a bench of two judges of this court in commissioner of central excise, jaipur v. j ..... (hereinafter referred to as the cenvat credit) of.-(i) the duty of excise specified in the first schedule to the central excise tariff act, 1985 (hereinafter referred to as the said first schedule) , leviable under the act;(ii) xxx xxx xxx xxx(iii) xxx xxx xxx xxx(iv) xxx xxx xxx xxx(v) xxx xxx xxx xxxpaid on any inputs .....

Shrikant Vs. Vasantrao and ors.

Court : Supreme Court of India

Reported in : AIR2006SC918; 2006(2)ALT44(SC); (2006)108BOMLR320; JT2006(1)SC394; 2006(2)MhLj1; 2006(I)OLR(SC)393; 2006(1)SCALE344; (2006)2SCC682; 2006(1)LC357(SC)

..... the official gazette. accordingly, by notification dated 28.8.1998, the corporation (gmidc) was so established under the act. sub-section (2) of section 3 provides that corporation established under sub-section (1) of section 3 shall be a body corporate having perpetual succession and a common seal, with power to contract, acquire, ..... refers to the three wings of governance of the 'state' that is executive, legislature and judiciary. the term 'state government' in section 9a (read with section 7 of the act) should, therefore, be understood in its ordinary and normal sense, and not with reference to the extended meaning under article 12 of ..... as 'appropriate government'. consequently, the high court held that the appellant had subsisting contracts with the appropriate government and therefore, incurred disqualification under section 9a of the act.6. feeling aggrieved, the appellant has filed this appeal. on the contentions raised, the following questions arise for consideration:i) whether a .....

Rameshwar Prasad and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2006SC980; 2006(3)CTC209; JT2006(1)SC457; (2006)2MLJ67(SC); 2006(1)SCALE385; (2006)2SCC1

..... constitution ordering dissolution of bihar legislative assembly, petitioners have also prayed for restoration of election commission notification dated 4th may, 2005 issued under section 73 of the rp act of 1951.14. according to the petitioners, the condition precedent for dissolving the assembly is that there must be satisfaction of the ..... 'duly constituted' on 4th march, 2005 and, therefore, the governor could exercise the power of dissolution under article 174(2)(b).35. section 73 of the rp act, 1951 enjoins upon the election commission to issue notification after declaration of results of the elections in all the constituencies. the superintendence, direction ..... subsisting legislative assembly and not to a dissolved legislative assembly, it was held that the constitution of any assembly can only be under section 73 of the rp act, 1951 and the requirement of article 188 of constitution suggests that the assembly comes into existence even before its first sitting commences.(emphasis .....

Sandvik Asia Ltd. Vs. Commissioner of Income Tax-i, Pune and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1223; 2006(4)BomCR886; 2006(1)CTC741; (2006)200CTR(SC)505; 2006(196)ELT257(SC); [2006]280ITR643(SC); JT2006(2)SC7; (2006)2MLJ25(SC); 2006(1)SCALE569; (2006)2SCC508

..... is for delay by the revenue in paying of interest, and this does fall within the meaning of refund as set out in section 237 of the act. the relevant provision is section 240 of the act which clearly lays down that what is relevant is whether any amount has become due to an assessee, and further the phrase any ..... madras high court in needle industries private ltd. case (supra) has also interpreted the phrase 'any amount' in the same manner when considering the provisions of section 244(1a) of the act, which also uses the same phrase in the context of interest payable by the revenue. in express terms the court held that the expression referred not only ..... on 28.11.1986, thereby totalling the interest amount to rs. 42,38,846/-. this interest was calculated strictly as per the provisions of section 214 read with section 244(1a) of the act. hence it is vehemently denied that the department has ever enjoyed any funds of the appellant rather in all fairness and in strict accordance with .....

Puran and ors. Vs. Gram Panchayat, Faridabad

Court : Supreme Court of India

Reported in : JT2006(2)SC38; (2006)143PLR341; 2006(2)SCALE2; (2006)2SCC433; 2006(1)LC628(SC)

..... punjab legislature to consolidate and amend the law relating shamilat deh, which came with operation on 4.5.1961, applied to all lands which are shamilat deh. section 4 of the 1961 act relates to vesting of rights in panchayats and non-proprietors. it is extracted below:'4. vesting of rights in panchayats and non-proprietors. - (1) ..... that they were in possession of the suit land for a period of more than 30 years and had acquired occupancy rights under section 5 of the tenancy act read with section 3 of the proprietary rights act, and consequently, they were entitled to the declaration prayed for. 6. the appeal filed by the gram panchayat was allowed by ..... to 3 and father of appellant 4 & 5) unauthorisedly cultivated some portion of suit land. that does not entitle them to protection under section 4(3)(ii) of the act. consequently, the vesting under section 4(1) in the panchayat cannot be questioned. in view of the above, it is unnecessary to go into the defence evidence that .....

The Regional Provident Fund Commissioner, Mangalore Vs. Central Aercan ...

Court : Supreme Court of India

Reported in : AIR2006SC971; 2006(2)ALD62(SC); [2006(108)FLR805]; [2006(2)JCR121(SC)]; JT2006(2)SC45; 2006(2)KarLJ287; (2006)ILLJ995SC; 2006(2)SCALE8; (2006)2SCC381; 2006(2)SLJ171(SC)

..... leaves the factory within one year, he was required to refund the amount received by him as stipend. notice was issued by the appellant purportedly under section 7a of the act in respect of the said 45 trainees. by order dated 15.5.1991 the appellant held that the trainees were employees for the purpose of the ..... held that 45 persons who were selected as trainees were not covered by employees provident fund & misc. provisions act, 1952 (in short the 'act') as they cannot be called as 'employees' as defined under section 2(f) of the act. 2. background facts in a nutshell are as follows:the respondent invited applications from the intending applicants for undergoing ..... case, admittedly the standing orders were not at the relevant point of time certified. therefore, in terms of section 12-a of the standing orders act, the model standing orders are deemed to be applicable. section 2(f) of the act defines an employee to include an apprentice, but at the same time makes an exclusion in the case .....

Mayar (H.K.) Ltd. and ors. Vs. Owners and Parties, Vessel M.V. Fortune ...

Court : Supreme Court of India

Reported in : AIR2006SC1828; 2006(2)ALD36(SC); III(2006)BC156(SC); (SCSuppl)2006(2)CHN53; [2006(2)JCR344(SC)]; JT2006(2)SC48; 2006(2)SCALE30; (2006)3SCC100; (2006)1Supreme677

..... , even if it is a deck cargo, could be subject to the limitation as provided in clause (6) of article iii, but for section 2 of the act which specifies that subject to the provisions of the act, the rules set out in the schedule shall have the effect in relation to and in connection with the carriage of goods by sea ..... thinks fit to do so. this jurisdiction of the court to stay the proceedings in appropriate cases is not limited to the jurisdiction conferred on the court in india under section 10 of the code. it is distinct from the jurisdiction conferred by the code and for this proposition reliance was placed on bhagat singh bugga v. dewan jagbir sawhney : ..... the assumption of the possession of an inherent power to act ex debito justitice and to do real and substantial justice. in exercise of this power, the high court can restrain a defendant by injunction in another court in spite of provision of section 10 of the code. in hansraj bajaj's case (supra), the high court put a note of .....