Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Year: 1989 Page 83 of about 1,699 results (0.263 seconds)

Brendale Vs. Confederated Tribes

Court : US Supreme Court

..... regime of "checkerboard" zoning authority in "open" areas of every reservation, but it would require an intrinsically standardless threshold determination as to when a section of a reservation contains sufficient non-indian land holdings to warrant an "open" classification. justice stevens' opinion suggests no benchmark for making this determination, ..... the interest of protecting the tribal community. although, at one time, the tribe's power to exclude was virtually absolute, the general allotment act (dawes act) in some respects diminished tribal authority by providing for the allotment of reservation lands in severalty to resident indians, who were eventually free to ..... sell to nonmembers. while the indian reorganization act repudiated that allotment policy, large portions of reservation lands were conveyed to nonmembers in the interim. to the extent that large portions of reservation .....

Kaluram Bhagwati Prasad (Firm) Vs. Balramdas Laxmi NaraIn (Firm)

Court : Madhya Pradesh

Reported in : 1991(0)MPLJ575

..... favour. the issue was, 'whether inferior quality dall had been despatched'.7. in this connetion, reference may be appropriately made at this stage to the provisions of section 17 of the act which i quote :'17. sale by sample. - (1) a contract of sale is a contract for sale by sample where there is a term in the ..... because the burden was on the plaintiff to prove his own case.13. before adverting to the other provisions of the act, extracted or referred hereinabove, a brief mention may be made of section 5 of the act as that has definitely signal relevance to plaintiffs default in pleading and proving his case. it is contemplated thereunder that a ..... was complained, but that remained unexplained.14. there cannot be any doubt that under section 56, claim for damages for non-acceptance would lie only when the buyer acts 'wrongfully' in refusing to accept goods contracted to be purchased. in the instant case, the act of the defendant cannot be said to be 'wrongful' because he had merely exercised .....

Bhagwandas and anr. Vs. National Insurance Co. Ltd. and anr.

Court : Madhya Pradesh

Reported in : 1990ACJ495

..... that case being for carriage of goods with which they were travelling, they were not passengers simplicitor and insurer's liability was secured in terms of section 95 (1) of the act, justifying their carriage 'by reason of or in pursuance of a contract of employment'.64. for the several reasons enumerated in the foregoing paragraphs, i ..... not have means or sufficient means to meet their liability.the legislature stepped in and enacted the provisions contained in chapter viii of the motor vehicles act, 1939. section 94 made it compulsory for the owner of the motor vehicle to take out a policy of insurance in accordance with the provisions of chapter viii of ..... insurance co. ltd.11. during the appeals, the claimants were permitted to amend their respective claim petitions and cross-objections claiming no fault compensation under section 92-a of the motor vehicles act, 1939.12. it is now not disputed by the appellants that the truck in question, with appellant no. 1 bhagwandas as a duly licensed .....

Nandlal Vithaldas Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : [1989]180ITR609(Bom)

..... liability being subsequent, it could be satisfied only after the previous creditors were paid. this is directly in contravention of the provisions of sub-section (3) of section 178 of the income-tax act. both these findings are thus perverse.14. mr. shelat, the learned advocate for the respondent, urged before us that when the petitioner came ..... officer would be sufficient to provide for any tax which is then, or is likely thereafter to become payable by the company. sub-section (3) of section 178 of the income-tax act prohibits the liquidator from parting with any assets of the company or the property in his hands until he has been notified by the ..... patently erroneous.22. what was contended before us by mr. shelat is that the income-tax appellate tribunal having rejected the prayer for reference under section 256 of the income-tax act, the remedy was still available to the petitioner to approach the high court. that remedy not having been followed, we should not exercise the extraordinary .....

Daulat Singh and anr. Vs. Tulsiram and anr.

Court : Madhya Pradesh

Reported in : AIR1990MP348; 1990MPLJ129

..... title. it is necessary for the plaintiffs to establish his title and no decree for possession of title can be passed. that observation was made construing section 110 of the evidence act as the plaintiff had invoked that provision for presumption of title by possession. i have no doubt that reliance on that decision by shri gupta is wholly ..... air 1968 sc 1165 and somnath berman v. s. p. raju, air 1970 sc 846. 7. reference in yeshwant singh's case (supra) was made to section 9 of specific relief act to state that the question of title has not to be considered in a suit filed to enforce that provision. midnapur zamindary co. ltd. v. naresh narayan roy ..... , air 1924 pc 144, was noted and the law cited therein by the privy council was approved. in somnath (supra) again section 9 of the specific relief act was construed and it was held that the prior possession of the plaintiff was sufficient title notwithstanding that the suit was brought more than 6 months after dispossession .....

Sima Banerjee and anr. Vs. Assistant Commissioner of

Court : Sales Tax Tribunal STT West Bengal

Reported in : (1990)76STC241Tribunal

..... to maintainability of writ petitions under article 226 of the constitution of india. the revision before the additional commissioner was filed by the applicant by virtue of section 20 of the bfst act, 1941. it is not possible to agree with mr. bose that the revisional authority is incompetent to interpret rule 3(66). in fact, he is ..... . the material part of rule 3(66) as amended, is quoted below : "3. in calculating his taxable turnover a dealer liable to pay tax under section 4 or 8(3) of the act may deduct from his gross turnover, his turnover on the following, namely :-- (66) (i) sales by a newly set up small-scale industry of goods ..... be disposed of along with the application for the period from april 1, 1984 to march 31, 1985.14. we, therefore, allow this application under section 8 of the west bengal taxation tribunal act, 1987, without costs. we direct the assistant commissioner (respondent no. 1) to forthwith grant renewal of the eligibility certificate to the first applicant for .....

Tigrania Metal and Steel Vs. Collr. of C. Ex. and Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1990)(45)ELT581Tri(Mum.)bai

..... bench 'b' of this tribunal at delhi have granted adjournment, on the ground that the matter is under consideration of the government for issue of a notification under section 11c of the central excise act.5. heard shri mondal, the learned sdr. he contended that there is no violation of principles of natural justice, because of the fact that enough opportunity was ..... direction for furnishing the bank guarantee for this amount instead of cash deposit is in view of their submission that the government, is considering waiver of recovery of duty under section 11c. on furnishing the bank guarantee as above, there shall be stay and recovery of the duty and penalty amounts from all the three applicants.the applicants are granted eight .....

icem Engineering Co. P. Ltd. Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1990)(30)LC509Tri(Delhi)

..... under duress. they further stated that even if the procedure for lodging protest under 233b is not followed, they will not be disentitled to claim refund under section 11b of the act, which is paramount and which cannot be controlled by rule 233b of the rules.they submitted that any method of lodging the protest will meet the requirements ..... appellants' contention before the collector (appeals), bombay in both the appeals had been that they were not engaged in the manufacture of goods as understood under section 2(d) of the act. they are manufacturing the semi-finished structures which are to be installed and fitted in a turn-key project. the goods are not capable of being sold ..... rejected the refund claim, as the appellants had failed to file the refund claim with his office before the expiry of six months as provided under section 11b of the act and also on the ground that the appellants had failed to file the letter of protest properly in terms of provisions contained in rule 233b of the .....

Brij Bhushan Goswami Vs. State of Uttar Pradesh and Others

Court : Allahabad

Reported in : AIR1990All15; (1990)1UPLBEC537

..... be unreasonable.5. so far as the third argument to the effect that the planned industrial development cannot be said to be the public purpose, which required urgent section is concerned, it also lacks force. unemployment is increasing day by day and position is becoming acute and unless state can quickly provide avenues for employment the whole ..... completed the acquisition proceedings on the basis, that the notification under s. 4 is valid. if writ petitions are entertained against a notification under s. 4 of the act at such a late stage, it would be putting the premium on dilatory tactics. the writ petition is thus liable to be dismissed on this ground also.7. for ..... of the petitioner were proposed to be acquired for the aforesaid purpose. as the government was of the opinion that the provisions of s. 17(1) of the act were applicable to the said land, as it was required urgently for the planned industrial development in district mathura, it directed to disperse with the inquiry under s. .....

Kalasami Venkanna and ors. Vs. the Secretary, Govt. of A.P. Forest Dep ...

Court : Andhra Pradesh

Reported in : 1992(1)ALT705

..... of the indian forest act are analogous to sections 4 and 7 of the a.p. forest act. section 5 of the indian forest act, 1927 is analogous to section 7 of the a.p. forest act. section 26 of the indian forest act which is analogous to section 20 of the a.p. forest act deals with certain prohibited acts in forests under section 26(1)(a) any ..... (sn) 73. (w.p. 6423/80 dt. 7.10.82.) seetharam reddy, j., has taken the view that:'.....the moment the notification is issued under section 4 (of the forest act) any other forum is forbidden from embarking upon any enquiry and confer any right or patta whether existing or new one, in respect of such land which is ..... the contentions raised by the learned counsel for the petitioners it is necessary to notice the relevant statutory provisions. chapter ii of the a.p. forest act deals with reserved forests. section 3 confers power on the state government to constitute any land as a reserved forest in the manner specified in that chapter. whenever it is proposed .....