Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Year: 1989 Page 1 of about 1,699 results (0.696 seconds)

Goldberg Vs. Sweet

Court : US Supreme Court

..... 006 et seq. (1988); wheat ridge, colorado, ordinance no. 630 (1985), los angeles, california, ordinance no. 162586 (1987). [ footnote 5 ] section 4 states in part: "a tax is imposed upon the act or privilege of originating in this state or receiving in this state interstate telecommunications by a person in this state at the rate of 5% of the gross ..... signals, and the system of computerized switching make it virtually impossible to trace and record the actual paths taken by the electronic signals which create an individual telephone call. the explosion in new telecommunications technologies and the breakup of the at&t; monopoly [ footnote 3 ] has led a number of states to revise the taxes they impose on the ..... point to another, which paths are often indirect, typically bear no relation to state boundaries, and are virtually impossible to trace and record, illinois passed its telecommunications excise tax act (tax act), which, inter alia, imposes a 5% tax on the gross charges of interstate telecommunications originated or terminated in the state and charged to an illinois service address, regardless ..... which taxes calls billed or paid in state -- have a substantial enough nexus to tax an interstate call. in any event, actual multiple taxation is precluded by the tax act's credit provision. furthermore, an apportionment formula based on mileage or some other geographic division of interstate calls would produce insurmountable administrative and technical barriers, since such calls involve .....

Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes) Vs. K ...

Court : Kerala

Reported in : [1989]74STC210(Ker)

..... by the decision of the appellate tribunal, the state has come up by way of tax revision.3. it is well known principle that if the definition of a particular expression is not given in the statute, it must be understood in its popular or common sense, that is, in the sense how ..... is primarily intended is the criterion to determine whether the implement in question is arms or not. air-guns which are not adapted for use with explosive substance and which have been classified as toys will not come within the meaning of arms.5. but in commissioner of sales tax, u.p. v ..... be referred to as a dealer in arms.7. in the tax revision case, the petitioner also refers to the clarification issued by the government under section 59a. since such a clarification will not bind a quasi-judicial authority, the point rightly is not pressed before us.we, therefore, confirm the order ..... question that arises for consideration is whether 'air-gun' is 'arm' for the purpose of entry 157 of the first schedule to the kerala general sales tax act, 1963. the said entry reads 'all arms including rifles, revolvers, pistols and ammunitions for the same.'2. the respondent is a dealer in stationery and allied ..... . commissioner of income-tax, u.p. : [1985]156itr497(sc) that facts should be viewed in the natural perspective and no hyper technicality should be imported.4. the word 'arms' must be understood to mean weapons of offence. for the purpose of deciding whether any instrument falls within the category of arms, it .....

Bihar State Electricity Board and anr. Vs. Dhanawat Rice and Oil Mills

Court : Supreme Court of India

Reported in : AIR1989SC1030; 1989(2)BLJR59; JT1989(1)SC425; 1989(1)SCALE162; (1989)1SCC452; [1989]1SCR168; 1989(1)LC379(SC)

..... receiving or using the electrical energy to be supplied under this agreement either in whole, or in part due to strikes, riots, fire, floods, 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 ..... in our opinion is not very material for the decision of the case as the sole controversy pertains to interpretation of clause 13.7. clause 4 of the agreement provides for the minimum guarantee and there is no dispute that if the consumer is not able to utilise electricity even upto the ..... in the petition itself originally relief sought was proportionate reduction of the annual minimum guarantee bills but in view of the interpretation of clauses 1, 4 and 13 the high court came to the conclusion that there is no liability on the consumer to pay annual minimum guarantee bills as the electricity ..... the electricity board to provide constant supply. it was contended that the constant supply can not mean continuous supply. it was also contended that clause 4 of the agreement clearly talks of the payment of annual minimum guarantee charges and therefore it could not be said that because of the power ..... the consumer. the chief engineer who was the authority under the agreement negatived the claim and so they filed writ petitions in the high court.4. the high court by the impugned judgment came to the conclusion that under clause 1 of the agreement it was incumbent for the electricity board .....

Mistretta Vs. United States

Court : US Supreme Court

..... in their judicial capacities, but as individual commissioners, could exercise the duties conferred upon them by the statute. neither of the other two courts expressed a definitive view whether judges acting as commissioners could make disability determinations reviewable by the secretary of war. in ferreira, however, this court concluded that, although the circuit courts were not ..... a cancelled naturalization certificate; operation of a common carrier under the influence of drugs that causes injury and alteration of one motor vehicle identification number; illegal trafficking in explosives and trespass; interference with a flight attendant and unlawful conduct relating to contraband cigarettes; aggravated assault and smuggling $11,000 worth of fish." dissenting view of commissioner ..... with authorities in the field of criminal sentencing provide a factual background and statutory context that give content to the mandate of the commission. see american power & light co. v. sec, 329 u. s. 90 , 329 u. s. 104 -105 (1946). [ footnote 11 ] petitioner argues that the excessive breadth of congress' delegation to the commission ..... procedure, fairness in administration, the just determination of litigation, and the elimination of unjustifiable expense and delay." 28 u.s.c. 331 (1982 ed. and supp. iv). similarly, the administrative office of the united states courts handles the administrative and personnel matters of the courts, matters essential to the effective and efficient operation of the .....

Indian Aluminium Co. Vs. Third Industrial Tribunal and ors.

Court : Kolkata

Reported in : 96CWN827,(1993)IIILLJ199Cal

..... was a tank.21. in the case of baldev singh v. union explosives, 76 cwn 342 it was held by this court that the appellant baldev singh was not a workman within the definition of industrial disputes act and could not raise an industrial dispute and the tribunal had no jurisdiction to ..... asked to perform as a geologist was totally different from that of a transport engineer under burma shell co. or aircraft maintenance engineer under indian explosive. he merely took the assistance of manual labourers, such as drillers and samplers. the surveyors would merely locate the drill holes according to the ..... no. 2 was without justification. it was further held that it was a case of retrenchment without complying with the provisions of section 25f of the industrial disputes act. the tribunal further held that, since the termination of service of the respondent no. 2 was not justified, he was entitled ..... for which he was employed. the company, therefore, decided to terminate the service of the respondent no. 2 on the ground of ill health.4. the case of the company is that it is not a case of retrenchment at all. the respondent no. 2 continued to remain ill and ..... to reinstatement in the service of the company with full back wages. the decision of the industrial tribunal was challenged before this court by a writ petition by the company. the writ petition was dismissed on 15.4 .....

Challa Ramkonda Reddy and ors. Vs. State of Andhra Pradesh by District ...

Court : Andhra Pradesh

Reported in : 1990ACJ668; AIR1989AP235

..... addl. district& sessions judge, kurnool, that only two constables were guarding the jail that night. he opined : 'i am inclined to think that the alleged explosion in cell no. 7 took (place) for want of adequate vigilance on the purl of the police personnel.....'. his notes ofinspect ion appended to ex.a-9 ..... (19) of section 3 of the general clauses act. 11 reads :'enactment shall include a regulation (as hereinafter defined) and any regulation of the bengal, madras or bombay code, and shall also include any provision contained in any act or in any such regulation as aforesaid'.on the basis of this definition it is contended ..... 33. in moharaj v. a. g. of trinidad, (1978) 2 all er 670, a judge of the high court oftrinidad and tobago on 17-4-1975 committed the appellant therein for seven days to prison for contempt of court. on the very same day the appellant applied ex par to by a ..... a sovereign function of the state. in such a case the plaintiffs have to seek their remedy, if any, against the particular officers said to be negligent.....'4. on the above pleadings, the learnedsubordinate judge framed the followingissues :'(1) whether the plaintiffs are entitled to the damages from the defendant. if so, what ..... and the 1st plaintiff were accused in crime no. 18/1977 of owk police station in banganapalle taluk of kurnool district. they were arrested on 25-4-1977 and remanded to judicial custody on 264-1977. they were lodged in cell no. 7 of sub-jail of koilakuntla. on the night intervening .....

Fort Wayne Books, Inc. Vs. Indiana

Court : US Supreme Court

..... to answer this question, we have made a conscious decision not to allow our examination of the harm question to be constricted by the existing legal/constitutional definition of the legally obscene." 1 report, at 299. "as a result, our inquiry into harm encompasses much material that may not be legally obscene, ..... and federal obscenity violations as predicate offenses under federal rico, 18 u.s.c. 1961 et seq., senator helms stated: "[w]e are experiencing an explosion in the volume and availability of pornography in our society. today it is almost impossible to open mail, turn on the television, or walk in the ..... -3(3)(a)(xii) (1988); conn.gen.stat. 53-394 (1985); cal.penal code ann. 186.2(a)(19) (west 1988). [ footnote 6 ] the definition of obscenity found in the relevant statute provides that a book or film (a "matter," in the law's parlance) is obscene if: "(1) the average person, ..... in actual cases. . . ." see public workers v. mitchell, 330 u. s. 75 , 330 u. s. 89 (1947); see also electric bond & share co. v. sec, 303 u. s. 419 , 303 u. s. 443 (1938). [ footnote 12 ] we do not hold today that the pretrial seizure of petitioner's nonexpressive property was invalid. petitioner ..... to the indiana law under review here. see 18 u.s.c. 1961(1) (1982 ed., supp. iv). thus, the "outcome of this case may . . . determine the constitutionality of using obscenity crimes as predicate acts in the federal rico statute." see brief for united states as amicus curiae 2. in addition, several states have .....

Abdul Razak Abdul Wahab Sheikh Vs. S.N. Sinha, Commissioner of Police, ...

Court : Supreme Court of India

Reported in : AIR1989SC226; 1989CriLJ2303; (1989)2GLR940; JT1989(1)SC478; 1989(1)SCALE542; (1989)2SCC222; [1989]1SCR890; 1989(2)LC36(SC)

..... bombaypolice act.11. it has also been ..... ) of arms act and under section 135(1) of ..... :1. p.s. kalupur case no. 372/85 under section 25(a)(c) of arms pending in act, sections 4, 5 of court explosive act.2. p.s. kalupur case no. 456/87 under section 120(b) of i.p.c. pending under section 25(1)(e)(c) of for exa-arms act and under section (1) mention of the terrorists act, 1985.3. p.s. kalupur case no. 2/88 ..... under section 307, 120(b) of pending i.p.c. under section 3(1) of for exa-terrorists act, under section 4, mention.5 of explosives act,under section 25(l)(c)(l .....

Food Corporation of India Vs. Joginderpal Mohinderpal

Court : Supreme Court of India

Reported in : 1989(2)ARBLR159(SC); JT1989(2)SC89; 1989(1)SCALE664; (1989)2SCC347; [1989]1SCR880; 1989(2)LC46(SC)

..... . the award can also be se aside if, inter alia, the arbitrator has misconducted himself or the proceedings. it is difficult to give an exhaustive definition what may amount to a misconduct on the part of the arbitrator. this is discussed in halsbury's laws of england (supra). it is not misconduct ..... the parties, has a tradition in india. it has a social purpose to fulfil today. it has a great urgency today when there has been an explosion of litigations in the courts of law established by the sovereign power. new rights created, or awareness of these rights, the erosion of faith in ..... the penal rate of 1 1/2 times the economic cost of the concerned variety of the paddy equivalent to the shortages. in the contract no definition of 'economic cost' is furnished nor is the expression any where defined in any law. however, shri pritam singh in the statement attached to the ..... assessed under the said punjab rice order and to that the millers submitted. this item is, therefore, allowed.4 the respondent filed an application under section 14 of the arbitration act, 1940 (hereinafter referred to as 'the act') for filing of the award and prayed for making the award the rule of the court. the appellant ..... will create confidence, not only by doing justice between the parties, but by creating a sense that justice appears to have been done. sections 30 and 33 of the act provide for the grounds on which an award of the arbitrator can be set aside. these were mainly, until recent changes made by statutory .....

Metro Exports Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : 1989(24)LC424(Kerala)

..... be taken against the petitioner under the various provisions mentioned. it is a notice under section 124 of the customs act, 1962 and alleges violation of certain provisions of the customs act and of the import and export (control) act. petitioner is called upon to submit written reply and to show cause why the ..... discovered later that pentaerythritol was used mostly only in the manufacture of paints and sometimes in the manufacture of explosives as well. according to them it was not used for the purposes mentioned in column 4 against entry g. 2(c) of appendix 17 to the import policy. the second respondent therefore, ..... sending exts. r1(a) to r1(d), had no notice of the transfer to the petitioner, it could not be said that he has acted in violation of the principles of natural justice in not issuing notices to the petitioner. there was no obligation cast on the parties to the transfer ..... the goods. such clearance will be illegal in the absence of a valid licence to support the same. this court cannot insist on the respondents to act in a manner which is not legal by the issue of a writ of mandamus.21. petitioner's contention in reply is that exts. r1( ..... fraud or misrepresentation as alleged. there has been thorough scrutiny by the import (control) authorities before the licences were issued. the petitioner has acted on the representations of respondents 1 to 3 regarding the import entitlement of pentaerythritol and therefore, respondents 1 to 3 are estopped from contending otherwise after .....