Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: us supreme court Year: 2006 Page 7 of about 69 results (0.136 seconds)

West Bengal State Electricity Board Vs. Dilip Kumar Ray

Court : Supreme Court of India

Reported in : AIR2007SC976; 2006(12)SCALE559

..... not abuse of process, but is governed by substantially the same rules as the malicious prosecution of criminal proceedings.' 52 am. jur. 2d malicious prosecution section 2, at 187 (1970).the term 'malice,' as used in the expression 'malicious prosecution' is not to be considered in the sense of spite or ..... not necessarily signally ill- will towards a particular individual, but denotes that condition of mind which is manifested by the intentional doing of a wrongful act without just cause or excuse. therefore, the law implies malice where one deliberately injures another in an unlawful manner.malice means an indirect wrong motive.' ..... was lodged against him and others per alleged misconduct and commission of various offences. initially, the respondent no.1 was placed under suspension for alleged acts of misconduct while functioning as the superintending engineer, pending investigation drawal and disposal of the disciplinary proceedings against him. since no charge sheet was issued within .....

State of U.P. and ors. Vs. Ruk Mangal Singh Rathaur

Court : Supreme Court of India

Reported in : 2006(13)SCALE161

..... be the government posts. we are unable to countenance with this contention. 10. to answer the aforesaid question, it will be necessary to have the benefit of relevant sets of acts and rules governing the subject. in this connection, the co-operative federation authority (business) regulations 1976 (in short the regulations) would be relevant. in the said regulations, the post of .....

Lopez Vs. Gonzales

Court : US Supreme Court

..... united states , 464 u. s. 16 , 23 (1983) ( [w]here congress includes particular language in one section of a statute but omits it in another section of the same act, it is generally presumed that congress acts intentionally and purposely in the disparate inclusion or exclusion (alteration in original; internal quotation marks omitted)). unless a state offense is ..... eighth circuit no. 05 547. argued october 3, 2006 decided december 5, 2006 the immigration and nationality act (ina) lists as an aggravated felony illicit trafficking in a controlled substance including a drug trafficking crime (as defined in section 924(c) of title 18), 8 u. s. c. 1101(a)(43)(b), but does not ..... felony as illicit trafficking in a controlled substance including a drug trafficking crime (as defined in section 924(c) of title 18). 1101(a)(43)(b). and the term drug trafficking crime means any felony punishable under the controlled substances act . 18 u. s. c. 924(c)(2). lopez s state felony offense qualifies as .....

Parkash Singh Badal and anr. Vs. State of Punjab and ors.

Court : Supreme Court of India

Reported in : AIR2007SC1274; 2007(3)ALD8(SC); JT2007(1)SC89; 2006(13)SCALE54; (2007)1SCC1; 2007AIRSCW115; (2007)1SCC(Cri)193; 2007(1)LawHerald(SC)142; 2007(1)KLJ497; 2007(2)KCCRSN92.

..... committed must have something to do, or must be related in some manner, with the discharge of official duty. no question of sanction can arise under section 197, unless the act complained of is an offence; the only point for determination is whether it was committed in the discharge of official duty. there must be a reasonable ..... , it is not every offence committed by a public servant while engaged in the performance of his official duty, which is entitled to the protection of section 197(1), an act constituting an offence, directly and reasonably connected with his official duty will require sanction for prosecution under the said provision. use of the expression, 'official duty ..... legislative assembly. shri sukhbir singh badal was a member of the parliament. as noted above, primary stand is that the effect of section 6(2) of the old act corresponding to section 19(2) of the act was not considered and in that view of the matter the judgment in antulay's case (supra) is to be considered per .....

Bhimashya and ors. Vs. Smt. Janabi @ Janawwa

Court : Supreme Court of India

Reported in : 2007(2)AWC1432(SC); [2007(2)JCR34(SC)]; 2006(14)SCALE27

..... fifth edition.)11. custom must be ancient, certain and reasonable as is generally said. it will be noticed that in the definition in cl. (a) of section 3 of the act, the expression 'ancient' is not used, but what is intended is observance of custom or usage for a long time. the english rule that a 'custom, ..... done in the present case.9. it would be desirable to refer to certain provisions of the act and the hindu code which governed the field prior to the enactment of the act, section 3(a) of the act defines 'custom' as follows:3. definitions - in this act, unless the context otherwise requires. - (a) the expressions, 'custom' and 'usage' signify ..... of that law in force immediately before the commencement of the act shall become inoperative with respect to any matter for which provision was made in the act except where it was otherwise expressly provided. section 4 gives overriding application to the provisions of the act. section 5 provides that adoptions are to be regulated in terms of .....

Bp America Production Co. Vs. Burton

Court : US Supreme Court

..... we considered whether the equal employment opportunity commission (eeoc) could order a federal agency to pay compensatory damages in an administrative proceeding. section 717(b) of title vii of the civil rights act of 1964, 42 u. s. c. 2000e 16(b), authorized the eeoc to employ appropriate remedies, but did not specifically authorize ..... a) suggests that congress intended these terms to apply more broadly to administrative proceedings. on the contrary, 2415(a) distinguishes between judicial and administrative proceedings. section 2415(a) provides that an action must commence within one year after final decisions have been rendered in applicable administrative proceedings. thus, congress knew how ..... . in delaware valley citizens council , we construed the attorney s fee provision of the clean water act (cwa), which authorizes a court, in issuing any final order in any action brought pursuant to subsection (a) of this section, [to] award costs of litigation to any party. 42 u. s. c. 7604(d). .....

Aloke Nath Dutta and ors. Vs. State of West Bengal

Court : Supreme Court of India

Reported in : 2006(13)SCALE467; (2007)1Crimes321; 2007(1)KCCRSN23(SC); (2007)12SCC230

..... mamata dutta are concerned, the only evidence against them was the judicial confession of mrinal dutta. the same was admissible against them only under section 30 of the indian evidence act.section 30:69. it is not in dispute that apart from general evidence in regard to commission of forgery etc., only evidence of involvement ..... of the high court to award death penalty, observed:the very idea of attacking and overpowering a sovereign democratic institution by using powerful arms and explosives and imperiling the safety of a multitude of peoples' representatives, constitutional functionaries and officials of government of india and engaging into a combat with security forces ..... admissibility in evidence. if the confession appears to the court to have been caused by any inducement, threat or promise such as is mentioned in section 24, evidence act, it must be excluded and rejected brevi manu. in such a case, the question of proceeding further to apply the second test does not arise .....

Ajay Goswami Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2007SC493; 2007(2)ALD70(SC); 2006(14)SCALE317; (2007)1SCC143

..... by some of the press of the country, the press council has recommended to the government between 1999-2003 to amend the provisions of section 14(1) of the press council act, 1978 to arm the council with the authority to recommend to the government de-recognition of newspapers for government advertisement or withdrawal of the ..... behalf of the press council of india on 7.8.2006. inviting our attention to the said affidavit, mr. p.h. parekh submitted that section 14 of the press council act, 1978 empowers the press council only to warn, admonish or censure newspapers or news agencies and that it has no jurisdiction over the electronic media ..... particulars relating to its enquiry and adjudication etc. the powers of the council in so far its authority over the press is concerned are enumerated under section 14 of the press council act, 1978. however, it has no further authority to ensure that its directions are complied with and its observations implemented by the erring parties. lack .....

Southern Petrochemicals Industries Corporation Ltd. Vs. Administrator ...

Court : Supreme Court of India

Reported in : AIR2007SC533; II(2007)BC83; [2007]135CompCas474(SC); 2007(1)CTC425; (2007)2SCC282; [2007]75SCL467(SC); 2007AIRSCW83; 2007LawHerald(SC)78; 2007(3)KCCRSN104; 2007(2)AIRKarR39; JT2007(1)SC372

..... rights etc. of the erstwhile unit trust of india. the initial capital of the trust stood transferred to and vested in the central government under section 3(1) of the act. sub-section (2) however, mandated that the initial capital contributed by the named contributors shall be refunded by the central government to such extent as may be ..... appointed day, the jurisdiction, powers and authority to entertain appeals against any order made, or deemed to have been made, by a tribunal under this act. sub-sections (1) and (2) of section 19 are also relevant. they read as under:19. application to the tribunal. - (1) where a bank is a financial institution has to recover ..... of the central government, that is immaterial because the administrator and the specified company are deemed to be 'financial institutions' by reason of section 18 of the act read with section 4a of the companies act. in any event, in this case, the facts are quite clear and respondents 1 and 2 have sued for recovery of amounts due .....