Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Year: 1989 Page 91 of about 1,699 results (0.207 seconds)

Rajendra Singh Vs. Superintendent of Taxes and ors.

Court : Guwahati

..... has made the assessment in the present case in exercise of that power. it is clear from the provision of sub-section (2) of section 4 that the persons appointed under sub-section (1) of section 4 of the act, which include not only the commissioner of taxes but also 'other persons appointed to assist him', shall exercise such powers ..... the details in the order as expected by the commissioner. under such circumstances, we do not find any justification for initiation of proceedings under sub-section (1) of section 21 of the act in the instant case.12. mr. majumdar, the learned government advocate, submitted that the matter may be remanded to the commissioner to be decided ..... 'prejudicial to the interest of the revenue' is the correct interpretation.10. we, therefore, hold that in order to exercise power under sub-section (1) of section 21 of the act there must be material before the commissioner to consider that the order passed by the officer was erroneous in so far as it was prejudicial to .....

State Farming Corporation Vs. Commissioner of Income-tax

Court : Kerala

Reported in : (1990)81CTR(Ker)239; [1990]181ITR271(Ker)

..... word 'income' is an inclusive definition. it is not exhaustive. it has a wide import. it has got a legal concept. the scheme of section 2(24) of the act, read with sections 4 and 10 of the act, seems to be that, given its ordinary and natural meaning, the word 'income' will take in any monetary return 'coming in'.4. it ..... or linked with the office, vocation or occupation. any amount received by an assessee by virtue of his profession, vocation or occupation will constitute income. section 10(3)(ii) of the act takes within its fold any receipts arising from the exercise of a profession or occupation in the total income. the receipts may be a casual or of ..... held that interest on arrears of rent payable in respect of land used for agricultural purposes is not agricultural incomewithin the definition of that phrase contained in section 2(1) of the indian income-tax act, 1922, and is not, therefore, exempt from income-tax. it is neither rent nor revenue derived from land.8. the receipts by the .....

Union of India Vs. Smt. Sushila Devi and Others

Court : Allahabad

Reported in : I(1990)ACC364; 1990ACJ1; AIR1990All82; 1990CriLJ923

..... third party arising out of the use of a vehicle on a public place without proof of negligence if accepted would lead to strange results. 27, 'section 110(1) of the act empowers the state government to constitute one or more motor accidents claims tribunal for such area as may be specified for the purpose of adjudicating upon claims for ..... .' 10. the bench held that so far as the first type of cases is concerned it is the claims tribunal which alone can entertain the claim under section 110(1) of the act and adjudicate upon it and if it was found that the motor vehicle driver was negligent, appropriate compensation can be awarded against the driver, owner and insurer ..... party, the claim so far as the owner or insurer or the driver of the motor vehicle are concerned would lie before the claims tribunal under the act in terms of section 110. the civil court will indisputably have no jurisdiction to entertain the claim against the insurer or owner or driver in view of the express bar imposed .....

Mathew Alexander Vs. Bhaskaran Pillai Sreedharan Pillai and ors.

Court : Kerala

Reported in : 1990ACJ898; AIR1990Ker96

..... , the power of punishing disobedience to it by commitment is impliedly conveyed by the enactment, for the power would be useless if it could not be enforced.'under section 110d of the motor vehicles act, there are no limitations on the powers of the appellate court and the entire case is open to review by the high court. in view of the ..... applicable and as such the power of the m.a.c.t. to allow amendment of pleadings in appropriate cases cannot be disputed. an appeal is provided under section 110d of the motor vehicles act to the high court against any award passed by the m.a.c.t. in other words, the appellate court can exercise all the powers of the ..... are, first, that the object of courts and rules of procedure is to decide the rights of the parties and not to punish them for their mistakes (cropper v. smith, (1884) 26 ch d 700 (710-711) and secondly, that a party is strictly not entitled to rely on the statute of limitation when what is sought to be brought in .....

Poomani Vs. TuticorIn thermal Power Project

Court : Chennai

Reported in : 1990ACJ794; AIR1990Mad372

..... this appeal challenging the above two findings.2. the appellant filed the claim petition in m.a.c.t.o.p. no. 162 of 1980 under section 110-a of the motor vehicles act before the motor accidents claims tribunal (additional district judge), thirunelveli, on the averments that her husband gnanamani nadar on 2-4-1980 at 4.30 p ..... the crane and also that the compensation was excessive.4. an additional counter was later filed contending that the crane was not a motor vehicle within the definition of the act and that, therfore, the motor accident claims tribunal has no jurisdiction to decide the claim.5. before the tribunal, the appellant examined himself as p.w. 2 ..... falls within the definition of 'motor vehicle' as found above.10. the reason given by the tribunal for holding that the crane is not a motor vehicle under the act is that the concerned motor vehicles inspector refused to inspect the vehicle, since the crane, according to him, was not a motor vehicle. the tribunal has also stated that .....

Employees' State Insurance Corporation Vs. Gyanshyam Das Agarwal

Court : Madhya Pradesh

Reported in : [1989(59)FLR821]; (1994)IIILLJ507MP

..... 1980, when he visited the press, the record was not produced to him for inspection. thus the respondent made himself liable to prosecution under section 85 of the employees' state insurance act. before launching prosecution, notice exhibit p1 was given to the accused calling upon him to produce the required record on 1 february 1980, ..... gyani, j.1 this is an appeal against acquittal. the accused respondent was convicted by the trial court (chief judicial magistrate, indore) under section 85(g) of the employees' state insurance act and sentenced to pay a fine of rs. 300 or in default to undergo one year's simple imprisonment. on appeal, the then eighth ..... is, it gives sufficient details of facts which weighed with the authorities according sanction for prosecution.4. section 86(1) of the act governs sanction. it reads as follows:'86(1) prosecutions :- no prosecution under this act shall be instituted except by or with the previous sanction of he insurance commissioner'.there is no dispute .....

Peramanand Gulabchand and Co. Vs. Mooligi Visanji

Court : Kerala

Reported in : AIR1990Ker190

..... has in his own inimitable style enunciated the principle thus:'there is no simple litmus test to distinguish a lease as defined in section 105, t. p. act from a license as defined in section 52 easements act, but the character of the transaction turns on the operative intent of the parties. to put it pithily, if an interest ..... the occupier or to introduce an indefinite number of third parties along with the occupiers was clearly a pretence to deprive the occupiers the protection of the rent acts. in the judgment of lord templeman the low lord has discussed elaborately the reason why and the justification for the courts going against the expressed intention of ..... mind, while construing documents and deciding the question whether a document creates a lease or licence. incidentally it also shows how far and for what purposes subsequent acts of the parties can be looked into or relied upon, apart from the provisions in the document itself; for ascertaining the real intention of the parties to the .....

Naresh Kumar Gupta Vs. the 3rd Addl. District Judge, Bulandshahar and ...

Court : Allahabad

Reported in : AIR1990All23

..... compromise or not.7. to decide this controversy, this court has to look into the provisions of s. 25 of small cause courts act, and provisions of civil procedure code to the said proceedings.8. section 25 of small cause courts act, reads as under:'25. revision of decrees and orders of court of small causes:the high court, for the purpose of satisfying itself ..... .23, r. 3 or the principles thereof are applicable to the proceedings under s. 25 of small cause courts act.12. section 7 of civil procedure code mentions about the provisions which are not applicable to the courts constituted under provisions of small cause courts act, which reads as follows:--'7. provincial small cause courts: the following provisions shall not extend to courts constituted under .....

Hindusthan Lever Sramik Karmachary Congress Vs. Ashish Chakraborty and ...

Court : Kolkata

Reported in : (1989)2CALLT283(HC)

..... the personnel manager and the security officer and submitted that this particular affidavit must not be entertained by the court. he further contended that section 34 of the specific relief act does not help the petitioner at all where no prayer for setting aside the election or to declare the election of the new executive committee ..... 13 as they had already started functioning as the new executive committee. also the learned judge's finding includes that the suit is hit by section 34 of the specific relief act apart from delay in filing the suit. the learned counsel further submitted that the learned judge did not consider the materials on record that except ..... with the company which recognised it on 18th august, 1988 and a bipartite settlements was executed on 18th august itself. in view of the section 34 of the specific relief act the prayer for interim order cannot be granted to the plaintiff-petitioner as the old executive committee has already been removed and the said executive .....

Mathew Alexander Vs. Sreedharan Pillay and ors.

Court : Kerala

Reported in : I(1990)ACC196

..... commitment is impliedly conveyed by the enactment, for the power would be useless if it could not be enforced.under section hod of the motor vehicles act, these are no limitations on the powers of the appellate court and the entire case is open to review by ..... .a.c.t. to allow amendment of pleadings in appropriate cases cannot be disputed. an appeal is provided under section 110 d of the motor vehicles act to the high court against any award passed by the m.a.c.t. in other words, the appellate ..... by the petitioner was allowed by the tribunal. counsel also contended that there is no corresponding provision like section 105 c.p.c. in the motor vehicles act and as such the appeal against the order refusing to allow amendment cannot be gone into by the appellate ..... and rules of procedure is to decide the rights of the parties and not to punish them for their mistakes cropper v. smith, 1884 26 ch d 700, 710-711 and secondly, that a party is strictly not entitled to rely on the statute of limitation .....