Court : Supreme Court of India
Decided on : Mar-28-1989
Reported in : 1989Supp(2)SCC152
..... found to contain a hand grenade and some terrorist literature. she was, therefore apprehended and a case was registered against her under sections 3 and 4 of the act and section 5 of the explosive substances act. the designated judge accepted the evidence of pw 3 and the other prosecution witnesses and convicted and sentenced the appellant as stated above ..... three years and to pay a fine of rs 100, in default to undergo simple imprisonment for one month. she has also been convicted under section 5 of the explosive substances act and sentenced to undergo ri for two years, the said sentences to run concurrently with the former sentence.2. the prosecution case was that at ..... not proved in an acceptable manner that what had been seized from the appellant was indeed a hand grenade or any other explosive substance so as to attract the operation of section 3(3) of the act. the appellant is, therefore, entitled to the benefit of doubt. consequently, the appeal is allowed and the conviction and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-29-1989
Reported in : 1989Supp(2)SCC197
..... is on the face of it untenable in the light of sections 6 and 9 of the act. section 6 lays down that if in any area notified by the state government under the act a person contravenes any provision or rule made under the arms act, the explosives act, the explosive substances act and the inflammable substances act then he is liable to enhanced punishment as provided for in ..... the section. section 9 lays down that notwithstanding anything contained in the code, every offence punishable under the act or any rule made thereunder shall be triable only by the designated court within whose local .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-04-1989
Reported in : (1989)2GLR891
..... freely because of the heavy traffic. even though the members of the petitioners-association started to function in the cabin some years back, due to the population explosion, the town has become crowded and the cabins which are now on the road, create traffic hazards. it is also the say of the municipality that the ..... further contended that, if it is held that there is no need to give notice before invoking the provisions of section 185 of the muncipalities act, the same has to be struck down as violative of articles 14 and 21 of the constitution. with these averments, the petitioners have corns forward ..... business after having established their cabins for over a number of years. according to the petitioners, the nagar palika, without following the procedure under section 185 of the gujarat municipalities act and against the principles of natural justice, have come forward with the present notice which is being impugned in this special civil application. it is .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-11-1989
Reported in : AIR1990Kant97; 1989(2)KarLJ202
..... no statutory obligation on these authorities to grant lease in contravention of rules relating to mines act and other mandatory provisions contemplated under the explosives act; law relating to environment and ecology, pollution control act, forest preservation act, wild life protection act, which impose serious restrictions.referring to the facts of each case, respondents deny or do ..... given under proviso to s. 38 of the mysore land revenue code and board standing orders of the erstwhile state of madras.15. section 38 of the land revenue act' (code) reads thus :'right to metals and minerals to vest in government-- unless it is otherwise expressly provided by the terms of ..... the government and the government shall have all the powers necessary for the proper enjoyment or disposal of such rights :--provided that :(i) nothing in this section shall be deemed to apply to limestone, granite and such other ordinary minrals, as the government, by notification in the official gazette, may from time .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-21-1989
Reported in : (1995)IIILLJ740AP
..... 7. we shall not proceed to consider the various contentions. the learned counsel for the respondents, viz., the contract labour, relied on certain provisions of the act. in section 2(b) it is mentioned that a workman shall be deemed to be employed as 'contract labour' in or in connection with the work of an establishment ..... are contract labour working as hamalis 'muccaddams' in the area stores of the company and the nature of work is to load and unload store material like explosives, cement, timber, iron, etc., and all the petitioners were given training by the respondent-company for certain period and though the petitioners are working under the ..... entitled to be absorbed- reliance is placed on catering cleaners of southern railway v. union of india, 1987 (1) llj 345. in that case. section 10 of the act came up for consideration. the workers concerned there were employed through contractor in the catering department of the railway. they styling themselves as catering cleaners of the .....
Tag this Judgment!Court : Orissa
Decided on : Apr-25-1989
Reported in : 68(1989)CLT516; 1989CriLJ2016
..... informant or his party due to the accused being at large.4. chargesheet has been submitted against the opposite parties under sections 147/148/307/323/324/302/337/147, i.p.c. and section 9b of the indian explosives act. as appears from the impugned order of the learned sessions judge, the considerations which have weighed with him to release ..... the opposite parties on bail are the existence of a counter case under section 307, i.p.c. against the informant's group, ..... petition.3. admittedly the state has not moved for cancellation of bail. though there is no absolute bar against an informant to move for cancellation of bail, under section 439(2), cr. p.c., yet the considerations which weigh with the court to exercise powers at the instance of a private person are, besides the factors necessary .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-1989
Reported in : AIR1989SC2138; (1989)2CompLJ95(SC); JT1989(2)SC338; 1989(1)SCALE1353; 1990Supp(1)SCC440; [1989]3SCR43
..... ril in the rpl properties but also the security and with regard to the approval of the financial scheme under monopolies & restrictive trade practices act, the licence under the petroleum act, explosive act, etc , sri pagaria has referred to the requirements under a large number of enactments and contended that, until requisite consents, approvals, licences ..... corpn. of india ltd. as regards convertible debenture issue, it was asserted that there is no violation of the provisions of section 81(5) of the companies act, 1956 as the section contemplates only an optional conversion of government loan into equities, in the instant case, there is a compulsory conversion of publicly held ..... time a public interest aspect of the issue of shares and debentures. in the past decades, investors in shares and equities constituted a very limited section of the public and consisted of two extreme types-either persons who could shrewdly appraise the merits of each issue and take a considered decision .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-05-1989
Reported in : AIR1989SC1703; (1990)1GLR489(SC); JT1989(2)SC323; (1989)3SCC321; [1989]3SCR182
..... pending 66(b) 65(a)81 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- s.no. police station cr no. section disposal ------------------------------------------------------------------------------- (1) kalupur 2/88 ipc 307, 120(b) 212; under inquiry terrorist act, section 3(1)(3); explosives sections 4, 5; arms act 25(l)(a)(c); bombay police act 135(1) ------------------------------------------------------------------------------- 3. from the above materials, the detaining authority has concluded that ..... the detenu was a bootlegger within the meaning of section 2(b) of the act.4. it is further stated that .....
Tag this Judgment!Court : Kolkata
Decided on : May-05-1989
Reported in : (1991)IILLJ360Cal
..... were that the respondent was a shot firer in a colliery and being a risky, technical job had to possess a certificate for which he handed over an explosive to an unskilled hand who fired it, and accident occurred and one bhadu employed in the mine was injured. the regional inspector of mines enquired into the cause ..... justification of such termination. the said clauses specially the clauses 1,2 and 52 of the said agreement are thus violative of the provisions contained in section 23 of the contract act as also article 14 of the constitution of india.the learned advocate further submitted that an adequate means of livelihood cannot be secured to the citizens ..... the high court by observing that considering the inequality in the bargaining power of the parties, the clause in the contract of employment was void under section 23 of the contract act as opposed to public policy besides being ultra vires article 14.7. learned advocate for the petitioner also relied upon the decision in the case of .....
Tag this Judgment!Court : Delhi
Decided on : May-26-1989
Reported in : AIR1990Delhi159; 39(1989)DLT70; 1989(17)DRJ187; 1989RLR546
..... reluctant to part with the said premises on rent because of the long delay and the procedure that had to be followed to recover possession of those premises.section 21 of the rent act was an attempt to meet that reluctance.'12. now, if the object of enacting s. 21 was to induce the reluctant and potential landlord to create tenancies then ..... judgment of the supreme court in inder mohan lai's case : [1987]3scr765 (supra) as follows (at pp. 1988-89 of air):'the rent acts all over the country came in the wake of partition and explosion of population in metropolitan and new urban cities. there are acute; shortages of accommodation. very often these shortages and the demand for accommodation led to .....
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