Array ( [0] => ..... petitioner. there is no doubt, that the power to impose the tax flows from the section 60 and section 63 read with section 83 of the said act. the only requirement for imposition of toll tax in view of aforesaid sections (section 60, section 63 and section 83) is the previous sanction of the central government. sro no. 369, dated 1 ..... 1999 and before that it was a state highway. on 21.12.2004, the executive officer, cantonment board, dehradun exercising its powers conferred under section 82 of the cantonment act, 1924 (act no. 2 of 1924) submitted a complaint against the petitioner before the court of special judicial magistrate, dehradun by issuing challan no. 13 for ..... behalf, in consultation with the high court having jurisdiction over that area.'admittedly, no appeal was filed by the petitioner regarding the toll tax imposed under section 83 of the aforesaid act no. 2 of 1924, before the principal civil court of original jurisdiction i.e. civil judge (sd), dehradun. as such, the remedy of ..... [1] => ..... no correlation to the compensation computed as against the tortfeasor for his negligence on account of the accident. as aforesaid, the amount receivable as compensation under the act is on account of the injury or death without making any contribution towards it, then how can the fruits of an amount received through contribution of the insured ..... no correlation with the amount receivable under a statute occasioned only on account of accidental death. how could such an amount come within the periphery of motor vehicles act to be termed as 'pecuniary advantage' liable for deduction? when we seek the principle of loss and gain, it has to be on similar and same plane ..... his heirs are entitled to receive this amount irrespective of the accidental death. this amount is secured, is certain to be received, while the amount under motor vehicles act is uncertain and is receivable only on the happening of the event, viz., accident, which may not take place at all. similarly, family pension is also earned ..... [2] => ..... driver. a perusal of the evidence on the record shows that due to the rash and negligent driving, the vehicle in question has over-turned and it was not an act of god. we are satisfied from the investigation report of the police that the driver was driving the vehicle rashly and negligently.15. the other argument raised by the learned ..... [3] => ..... between the age group of 60-65 years, the tribunal has applied the multiplier of '4', which according to schedule ii of the motor vehicles act is not appropriate. according to schedule ii of the m. v. act for the age group of 6o-65, multiplier of '5' is provided.12. it is proved that the deceased was a driver and was ..... [4] => ..... calculation of the amount of compensation the monthly wages to the extent of rs. 2,000/- only can be taken into consideration as provided under explanation-ii of section 4 of the act.11. taking into consideration 50 percent of the monthly wages i.e. rs. 1,000/- be taken into consideration. the factor of 215.28 would be ..... the enactment in preference to a construction which tends to defeat that purpose.'17. in that case in regard to the contention of proximity between the accident and the explosion that took place this court held:'this would show that as compared to the expression 'caused by', the expression 'arising out of has a wider connotation. the expression ..... paul and anr. v. vatschala uttam more, manu/sc/0402/1991 : [1991]3scr26a , this court while pronouncing on the interpretation of section 92-a of the motor vehicles act, 1939 held as follows:'section 92-a was in the nature of a beneficial legislation enacted with a view to confer the benefit of expeditious payment of a limited amount ..... [5] => ..... the workmen's compensation commissioner, haldwani on different and contradictory facts which was contested by the insurer. it was also pleaded that no information under section 158(6) of the act was given to the insurance company. the claimant is under obligation to prove that the vehicle was insured.5. learned tribunal framed as many as ..... claim petition filed by the claimant-appellant.2. brief facts giving rise to the present appeal are that the claimant-appellant filed claim petition under section 166/140 of the act before learned tribunal for compensation of rs. 11,60,000 with the allegation that on 11.11.2000 her son kundan singh was going from ..... point of compensation. admittedly, the present claim petition before learned tribunal was filed on 13.6.2002. therefore, in view of the provisions of section 167 of the motor vehicles act, it cannot be said that the matter of compensation was finally adjudicated by the learned commissioner and the option of filing the claim petition before ..... [6] => ..... ,000 was awarded to the injured claimant jagat singh.11. in support of the appeals, the appellant contended that it obtained permission from the learned tribunal under section 170 of the motor vehicles act, therefore, it can take all the defences available to the insured. it was contended on behalf of the appellant that the driver of the offending vehicle ugy ..... has held as under:(iii) the breach of policy condition e.g. disqualification of the driver or invalid driving licence of the driver, as contained in sub-section (2)(a)(ii) of section 149, has to be proved to have been committed by the insured for avoiding liability by the insurer. mere absence, fake or invalid driving licence or disqualification ..... p.c. verma, j.1. both these appeals under section 173 of the motor vehicles act, 1988 (for short 'the act') arise out of the same motor accident and similar questions are involved for determination in these appeals, therefore, for convenience they are being decided by this common order.2. ..... [7] => [8] => ..... shall be reduced in the form of definite charge or charges to be called charge sheet. the charge sheet shall be approved by the disciplinary authority. sub-section (v) further provides that the charge sheet along with the copy of documentary evidence mentioned therein and list of the witnesses and the it-statements, if ..... whether the charged employee knew the accusation against him and whether he had been given an opportunity to state his case and. whether the authority concerned had acted in good faith.8. in paragraph (iii) of the counter affidavit the respondents have mentioned regarding the complaints against the petitioner on the basis of ..... there was prima facie evidence against the petitioner to initiate disciplinary proceedings against him.10. section 7 of u.p. government servant (discipline and appeal) rules, 1999 provides for the procedure for imposing penalties. sub-section (ii) of section 7 provides that the facts constituting the misconduct on which it is proposed to take action ..... [9] => ..... conciliation proceedings were initiated. after failure of conciliation proceedings, the dispute was referred for adjudication to the labour court, dehradun. the reference has been made under section 4-k of the u.p. industrial act, 1947 by the stale government before the labour court to the following effect:d;k lsok;kstd }kjk viuh efgyk jfed jherh qwyorh in va'kdkfyd lohij ..... is an industry.since the kalagarh unit is the branch of irrigation department, therefore, the wine is also industry within the definition of 'industry' under the u.p. industrial disputes act in view of the law laid dawn by the apex court in bangalore water supply and sewerage board v. a. rajappa's case.7. it is a ease where article ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Uttaranchal - Page 8 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: uttaranchal Page 8 of about 282 results (0.044 seconds)

Apr 11 2005 (HC)

Kunj Bihari Vs. Special Judicial Magistrate Ii and ors.

Court : Uttaranchal

Reported in : 2005(2)AWC1363(UHC); (2005)2UPLBEC41

..... petitioner. there is no doubt, that the power to impose the tax flows from the section 60 and section 63 read with section 83 of the said act. the only requirement for imposition of toll tax in view of aforesaid sections (section 60, section 63 and section 83) is the previous sanction of the central government. sro no. 369, dated 1 ..... 1999 and before that it was a state highway. on 21.12.2004, the executive officer, cantonment board, dehradun exercising its powers conferred under section 82 of the cantonment act, 1924 (act no. 2 of 1924) submitted a complaint against the petitioner before the court of special judicial magistrate, dehradun by issuing challan no. 13 for ..... behalf, in consultation with the high court having jurisdiction over that area.'admittedly, no appeal was filed by the petitioner regarding the toll tax imposed under section 83 of the aforesaid act no. 2 of 1924, before the principal civil court of original jurisdiction i.e. civil judge (sd), dehradun. as such, the remedy of .....

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Apr 11 2005 (HC)

Harima Sipal and ors. Vs. Hari Krishna Joshi and anr.

Court : Uttaranchal

Reported in : 2007ACJ1256

..... no correlation to the compensation computed as against the tortfeasor for his negligence on account of the accident. as aforesaid, the amount receivable as compensation under the act is on account of the injury or death without making any contribution towards it, then how can the fruits of an amount received through contribution of the insured ..... no correlation with the amount receivable under a statute occasioned only on account of accidental death. how could such an amount come within the periphery of motor vehicles act to be termed as 'pecuniary advantage' liable for deduction? when we seek the principle of loss and gain, it has to be on similar and same plane ..... his heirs are entitled to receive this amount irrespective of the accidental death. this amount is secured, is certain to be received, while the amount under motor vehicles act is uncertain and is receivable only on the happening of the event, viz., accident, which may not take place at all. similarly, family pension is also earned .....

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Apr 11 2005 (HC)

New India Assurance Company Ltd. Vs. Dhana Devi and ors.

Court : Uttaranchal

Reported in : II(2006)ACC275

..... driver. a perusal of the evidence on the record shows that due to the rash and negligent driving, the vehicle in question has over-turned and it was not an act of god. we are satisfied from the investigation report of the police that the driver was driving the vehicle rashly and negligently.15. the other argument raised by the learned .....

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Apr 26 2005 (HC)

Ram Lal and anr. Vs. Amar Jeet Singh and ors.

Court : Uttaranchal

Reported in : IV(2005)ACC132; 2005(4)AWC3119(UHC)

..... between the age group of 60-65 years, the tribunal has applied the multiplier of '4', which according to schedule ii of the motor vehicles act is not appropriate. according to schedule ii of the m. v. act for the age group of 6o-65, multiplier of '5' is provided.12. it is proved that the deceased was a driver and was .....

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Apr 27 2005 (HC)

Ravindra Singh Negi Vs. Workmen's Compensation Commissioner and Ors.

Court : Uttaranchal

Reported in : [2005(106)FLR808]; (2005)IIILLJ659UC

..... calculation of the amount of compensation the monthly wages to the extent of rs. 2,000/- only can be taken into consideration as provided under explanation-ii of section 4 of the act.11. taking into consideration 50 percent of the monthly wages i.e. rs. 1,000/- be taken into consideration. the factor of 215.28 would be ..... the enactment in preference to a construction which tends to defeat that purpose.'17. in that case in regard to the contention of proximity between the accident and the explosion that took place this court held:'this would show that as compared to the expression 'caused by', the expression 'arising out of has a wider connotation. the expression ..... paul and anr. v. vatschala uttam more, manu/sc/0402/1991 : [1991]3scr26a , this court while pronouncing on the interpretation of section 92-a of the motor vehicles act, 1939 held as follows:'section 92-a was in the nature of a beneficial legislation enacted with a view to confer the benefit of expeditious payment of a limited amount .....

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May 05 2005 (HC)

Nandi Devi Vs. Mangal Singh Koshyari and anr.

Court : Uttaranchal

Reported in : IV(2005)ACC647; 2007ACJ1317

..... the workmen's compensation commissioner, haldwani on different and contradictory facts which was contested by the insurer. it was also pleaded that no information under section 158(6) of the act was given to the insurance company. the claimant is under obligation to prove that the vehicle was insured.5. learned tribunal framed as many as ..... claim petition filed by the claimant-appellant.2. brief facts giving rise to the present appeal are that the claimant-appellant filed claim petition under section 166/140 of the act before learned tribunal for compensation of rs. 11,60,000 with the allegation that on 11.11.2000 her son kundan singh was going from ..... point of compensation. admittedly, the present claim petition before learned tribunal was filed on 13.6.2002. therefore, in view of the provisions of section 167 of the motor vehicles act, it cannot be said that the matter of compensation was finally adjudicated by the learned commissioner and the option of filing the claim petition before .....

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May 06 2005 (HC)

United India Insurance Company Limited Vs. Manju Gupta and ors.

Court : Uttaranchal

Reported in : IV(2005)ACC458

..... ,000 was awarded to the injured claimant jagat singh.11. in support of the appeals, the appellant contended that it obtained permission from the learned tribunal under section 170 of the motor vehicles act, therefore, it can take all the defences available to the insured. it was contended on behalf of the appellant that the driver of the offending vehicle ugy ..... has held as under:(iii) the breach of policy condition e.g. disqualification of the driver or invalid driving licence of the driver, as contained in sub-section (2)(a)(ii) of section 149, has to be proved to have been committed by the insured for avoiding liability by the insurer. mere absence, fake or invalid driving licence or disqualification ..... p.c. verma, j.1. both these appeals under section 173 of the motor vehicles act, 1988 (for short 'the act') arise out of the same motor accident and similar questions are involved for determination in these appeals, therefore, for convenience they are being decided by this common order.2. .....

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May 06 2005 (HC)

Smt. Poonam Devi Vs. State of Uttaranchal Through the Secretary, Fores ...

Court : Uttaranchal

Reported in : [2005(106)FLR303]

Rajesh Tandon, J.1. Both the parties have agreed that let the matter be decided finally directing the respondents to consider the representation of the petitioner in the light of the facts.Briefly stated, the husband of the petitioner late Sri Udai Singh had been working in the Forest Department on daily wage basis since January, 1984 under the Divisional Forest Officer, Dehradun Forest Division, 5 Tilak Road, Dehradun. In paragraph 4 of the writ petition, it has been mentioned that in pursuance of the order dated 7th July, 1999, the husband of the petitioner was getting the minimum salary and allowances. Paragraph 4 is quoted below:That Hon'ble Justice O.P. Garg as he then was had been pleased to pass interim order in the aforesaid writ petition the operative portion of the order dated 7.7.1999 is reproduced below for ready reference:In the meantime, if the petitioner's are actually working on daily wage basis for more than 240 days and their claim for regularization in service has al...

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May 06 2005 (HC)

Jasram Joshi Vs. Director, Baal Vikas Pariyojana and anr.

Court : Uttaranchal

Reported in : [2005(106)FLR184]

..... shall be reduced in the form of definite charge or charges to be called charge sheet. the charge sheet shall be approved by the disciplinary authority. sub-section (v) further provides that the charge sheet along with the copy of documentary evidence mentioned therein and list of the witnesses and the it-statements, if ..... whether the charged employee knew the accusation against him and whether he had been given an opportunity to state his case and. whether the authority concerned had acted in good faith.8. in paragraph (iii) of the counter affidavit the respondents have mentioned regarding the complaints against the petitioner on the basis of ..... there was prima facie evidence against the petitioner to initiate disciplinary proceedings against him.10. section 7 of u.p. government servant (discipline and appeal) rules, 1999 provides for the procedure for imposing penalties. sub-section (ii) of section 7 provides that the facts constituting the misconduct on which it is proposed to take action .....

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May 13 2005 (HC)

State of Uttaranchal and anr. Vs. Smt. Pholwati and anr.

Court : Uttaranchal

Reported in : [2005(106)FLR812]

..... conciliation proceedings were initiated. after failure of conciliation proceedings, the dispute was referred for adjudication to the labour court, dehradun. the reference has been made under section 4-k of the u.p. industrial act, 1947 by the stale government before the labour court to the following effect:d;k lsok;kstd }kjk viuh efgyk jfed jherh qwyorh in va'kdkfyd lohij ..... is an industry.since the kalagarh unit is the branch of irrigation department, therefore, the wine is also industry within the definition of 'industry' under the u.p. industrial disputes act in view of the law laid dawn by the apex court in bangalore water supply and sewerage board v. a. rajappa's case.7. it is a ease where article .....

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