Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: us supreme court Year: 2006 Page 3 of about 69 results (0.126 seconds)

Hartman Vs. Moore

Court : US Supreme Court

..... (1999); see also waxman & morrison, what kind of immunity? federal officers, state criminal law, and the supremacy clause, 112 yale l. j. 2195, 2208 (2003) ( section 1983 applies to state and local officers, [and] the supreme court in bivens . . . inferred a parallel damages action against federal officers ). footnote 3 moore and his wife ..... prosecution, but for successful retaliatory inducement to prosecute.[ footnote 9 ] the consequence is that a plaintiff like moore must show that the nonprosecuting official acted in retaliation, and must also show that he induced the prosecutor to bring charges that would not have been initiated without his urging. thus, the ..... they pressured the united states attorney s office to have him indicted. moore also sought recovery from the united states under the federal tort claims act (ftca). the district court dismissed the claims against the assistant united states attorney in accordance with the absolute immunity for prosecutorial judgment, and rejected .....

Sunrise Associates Vs. Govt. of Nct of Delhi and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1908; 2006(5)ALD51(SC); 129(2006)DLT719(SC); [2007(1)JCR110(SC)]; JT2006(5)SC168; 2006(2)KLT700(SC); RLW2006(3)SC2129; 2006(5)SCALE1; (2006)5SCC603; [2006]145STC57

..... of sale.all these definitions exclude inter alia an actionable claim from the definition of 'goods'. an 'actionable claim' has in turn been defined in section 3 of the transfer of property act, 1882 as meaning;a claim to any debt, other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property, ..... rem were also included within the meaning of moveable property. the court rejected the argument that rep licenses were actionable claims within the meaning of section 3 of the transfer of property act and said:when these licenses scrips are being bought and sold freely in the market as goods and when they have a value of their own ..... of an actionable claim would not be subject to the sales tax laws.21. distinct elements are deducible from the definition of 'actionable claim' in section 3 of the transfer of property act. an actionable claim is of course as its nomenclature suggests, only a claim. a claim might connote a demand, but in the context of the .....

Marshall Vs. Marshall

Court : US Supreme Court

..... , 257 b. r. 35, 39 (cd cal. 2000), we need not consider whether these provisions might have required abstention upon a timely motion. footnote 4 section 6 of the trading with the enemy act, 40 stat. 415, 50 u. s. c. app., authorizes the president to appoint an official known as the alien property custodian, who is responsible for ..... arising in a case under title 11, with respect to which an action could not have been commenced in a court of the united states absent jurisdiction under this section, the district court shall abstain from hearing such proceeding if an action is commenced, and can be timely adjudicated, in a state forum of appropriate jurisdiction. that provision ..... supp.). footnote 3 we note that the broad grant of jurisdiction conferred by 1334(b) is subject to a mandatory abstention provision applicable to certain state-law claims. section 1334(c)(2) provides: upon timely motion of a party in a proceeding based upon a state law claim or state law cause of action, related to a .....

Nautam Prakash Dgsvc, Vadtal and ors. Vs. K.K. Thakkar and ors.

Court : Supreme Court of India

Reported in : AIR2006SC2075; 2006(3)BomCR883; 2006(5)MhLj531; 2006(5)SCALE213; (2006)5SCC330

..... removed or disposed of.(2) it shall be the duty of every trustee or of such person to comply with the directions issued under sub-section (1). section 41b of the act indisputably is not applicable in the state of gujarat. 13. the jurisdiction of the assistant commissioners of greater bombay and state of gujarat is required ..... region an amount in the ration which the income from all sources including any sums specified in clauses (a) to (c) of sub-section (2) of section 57 of the act, court fees and miscellaneous receipts other than deposits received in respect of that region during the period between the establishment of the public trusts administration ..... carved out of the state of bombay. in anticipation of such reorganization, the legislature of the state of bombay enacted the bombay statutory corporations (regional act xxi of 1960). section 3(1) hereof read as under:-3(1) if it appears to the state government expedient that any existing corporation which is operating and functioning .....

Standard Chartered Bank Vs. Andhra Bank Financial Services Ltd. and or ...

Court : Supreme Court of India

Reported in : AIR2006SC3626; 2006(5)SCALE384; (2006)6SCC94; [2006]68SCL109(SC)

..... action. in the said judgment, the possession was with respect to certain wrist watches, which were obviously not choses in action. according to him, section 137 of the tp act makes section 132 inapplicable to debentures but the principles of common law and equity must surely govern even such transactions of transfer of debentures.50. mr. jethmalani ..... title suit.10. we shall now turn to the nature of the proceedings in misc. petition no. 81/95. this petition was presented under section 111 of the companies act, 1956. section 111(1) provides for the power of refusal by a company to register the transfer of debentures to a transferee. the transferor or the ..... govern all transactions. relying on the judgment of the chancery division in france v. clark 1884 . 26 c.d. 257, he contended that this rule is not derogated from under section 108 of the companies act, 1956. the provisions of the companies act, 1956 for registration in the name of a transferee merely give complete effect, provided there .....

Municipal Council, Sujanpur Vs. Surinder Kumar

Court : Supreme Court of India

Reported in : [2006(110)FLR198]; [2006(3)JCR106(SC)]; (2006)IILLJ768SC; 2006(5)SCALE505; (2006)5SCC173; 2007(1)SLJ6(SC); 2006(1)LC761(SC)

..... the validity and legality thereof, an industrial dispute was raised which culminated in a reference made by the appropriate governments under industrial disputes act (`the act') in exercise of its power under section 10(1)(c) thereof the following dispute to the labour court, gurdaspur:whether termination of services of shri surinder kumar, workman is ..... and consequently the high court completely misdirected themselves insofar as they failed to take into consideration that relief to be granted in terms of section 11a of the said act being discretionary in nature, a labour court was required to consider the facts of each case therefore. only because relief by way of ..... personal legal condition only so far as his personal rights and burdens are concerned. duggamma v. ganeshayya : air1965kant97 air at p.101 [evidence act (1 of 1872), section 41]in the language of jurisprudence `status' is a condition of membership of a group of which powers and duties are exclusively determined by law .....

N. Birendra Singh Vs. L. Priyo Kumar Singh and ors.

Court : Supreme Court of India

Reported in : AIR2006SC2228; [2006(110)FLR226]; 2006(5)SCALE434; (2006)9SCC650

..... . the case has a chequered history. we would, however, note the factual matrix of the matter, from c.a. nos. 2126-2127 of 2001. the appellant was appointed as a section officer, grade-i (elect.). he was promoted to the post of assistant engineer (elect.) on an ad-hoc basis on 5.2.1980. by a government order dated 30th september .....

Centrotrade Minerals and Metal Inc. Vs. Hindustan Copper Limited

Court : Supreme Court of India

Reported in : 2006(3)ARBLR201(SC); JT2006(5)SC507; 2006(5)SCALE535; (2006)11SCC245

..... model law and rules. chapter 1 part i applies where the place of arbitration is in india, as would appear from sub-section (2) of section 2 of the 1996 act. in terms of sub-section (3) of section 2, the said part would not affect any other law for the time being in force by virtue of which certain disputes may ..... arbitral tribunal is required to decide the dispute submitted to arbitration in accordance with the substantive law for the time being in force in india. sub-section (2) of section 28 of the act provides that the arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so. ..... arise that the proper law governing the arbitration would be the same as law of the country in which arbitration is agreed to be held. sub-section (2) of section 2 of the 1996 act categorically states that part i would apply where the place of arbitration is in india and, thus, by necessary implication, ousts the applicability thereof if .....

Ravinder Singh Gorkhi Vs. State of U.P.

Court : Supreme Court of India

Reported in : AIR2006SC2157; 2006CriLJ2791; 130(2006)DLT602(SC); JT2006(5)SC468; 2006(5)SCALE682; (2006)5SCC584

..... placed by mr. mishra on bhoop ram v. state of u.p. : 1990crilj2671 , wherein the appellant was treated to be a child within the meaning of section 2(4) of the act; upon taking into consideration three factors: (i) that the appellant had produced a school certificate and correctness whereof was not questioned; (ii) the learned trial judge ..... was upon the election petitioner but for proving the facts which were within the special knowledge of the respondent, the burden was upon him in terms of section 106 of the evidence act. it is also trite that when both parties have adduced evidence, the question of the onus of proof becomes academic [see union of india v. sugauli ..... basis of the materials on records. it will be a matter of appreciation of evidence adduced by the parties. different standards having regard to the provision of section 35 of the evidence act cannot be applied in a civil case or a criminal case. mr. mishra, however, would urge that while in a civil dispute a strict proof may .....

Karnataka Industrial Areas Development Board Vs. Sri. C. Kenchappa and ...

Court : Supreme Court of India

Reported in : AIR2006SC2038; 2006(4)ALD84(SC); [2006(3)JCR319(SC)]; JT2006(5)SC556; 2006(4)KarLJ545; 2006(6)SCALE1; (2006)6SCC371

..... leave petition before this court on the ground that the directions given in the impugned judgment are contrary to the express statutory provisions, in particular section 3(1) and section 47 of the kiadb act.(a) according to the appellant, the high court has committed a serious error in issuing directions to leave one k.m. area from the ..... to disturb the allotment of lands made to gee india technology center pvt. ltd. the court in the impugned judgment directed that the notification under section 3(1) of the act and consequential proceedings or notification or orders issued in regard to the other disputed lands in the writ petition are quashed, to the extent of the ..... area and a number of industries had come up. the appellant submitted that the state has ample power to issue notification under section 31 of the act and acquire the land under section 28 of the act. it was submitted that the entire procedure of law was duly followed by the appellant. it was submitted that gee india technology .....