Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Year: 1989 Page 99 of about 1,699 results (0.142 seconds)

New India Assurance Co. Ltd. Vs. Usha Rani and ors.

Court : Himachal Pradesh

Reported in : 1990ACJ785

..... ride. he, according to the learned counsel, is a passenger carried by the owner of the vehicle or his driver for hire or reward.7. sub-section (8) of section 2 of the act defines 'goods vehicle' as a motor vehicle constructed or adapted for use for the carriage of goods, or any motor vehicle not so constructed or adapted ..... vehicle for such purpose, and save in accordance with the provisions of such permit.(6) the provisions of this rule shall not apply to motor vehicle registered under section 39 of the act.26. in national insurance co. ltd. v. nathibai chaturabhuj 1982 acj 153 (gujarat), it has been laid down that in case the insurance company wants to ..... were being carried in the same. the appellant insurance company has also disputed its liability towards any compensation in this case seeking in aid the provisions of section 95 of the act.4. the parties led evidence in the case and ultimately the motor accidents claims tribunal came to the conclusion that the deceased was the hirer of the .....

S.K. Bhatia and anr. Vs. Jaspal Singh Mann and anr.

Court : Himachal Pradesh

Reported in : I(1990)ACC34,1990ACJ13

..... in such cases, the supreme court in c.k. subramonia iyer v. t. kunhi kuttan near 1970 acj 110 (sc), has explained the dichotomy between section 1-a and section 2 of the fatal accidents act. the apex court has laid down that there can be no exact uniform rule for measuring the value of human life and the measure of damages ..... in hira lal v. state of punjab air 1961 punjab 236, the right to recover damages for having wrongfully caused death is wholly statutory as provided in section 1a of the fatal accidents act, 1855. the basic rule is that the designated beneficiaries are entitled to compensation for a pecuniary or a material loss, resultant from the death of a ..... v. r.m.k. veluswami 1958-65 acj 179 (sc), and it was pointed out that:compulsory damages under section 1a of the act for wrongful death must be limited strictly to the pecuniary loss to the beneficiaries and that under section 2, the measure of damages is the economic loss sustained by the estate. there can be no exact uniform rule .....

Wealth-tax Officer Vs. Miss Mehr Toos Vakil

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1989)31ITD293(Ahd.)

..... house or part of a house belonging to the assessee" was not there at the relevant valuation date, so as not to attract the exemption clause (iv) of section 5(1) of the act.9. in the case of smt. kaushalya rani (supra} delhi bench-e of the tribunal had the occasion to consider the claim of an assessee for exemption under ..... valuation of the properties does not make subject matter of appeal before us. any way, the w.t.o. did not give any exemption to the assessee under section 5(1) of the act in respect of the house property as well as the shares and bank deposits on the ground that the assessee was not owner of such assets. he, however ..... immovable property. further, the tribunal relying upon madras high court decision in the case of k.ramachandra chettiar (supra) held that the assessee was entitled to exemption under section 5(1) (iv) of the act in respect of his life interest in the house property.10. in the case of k. ramachandra chettiar (supra), the madras high court considered claim of an .....

State of Haryana Vs. Janki Dass and Co.

Court : Punjab and Haryana

Reported in : [1990]79STC1(P& H)

..... amount of freight formed part of the 'sale price' within the meaning of the first part of the definition of that term in section 2(p) of the rajasthan act and section 2(h) of the central act and was includible in the turnover of the assessee.'13. in the present cases, there is no statutory regulation controlling the sale and ..... that the questions should be answered in favour of the respondent.6. it will be apposite to notice the various relevant statutory provisions at the threshold.section 2(h) of the central sales tax act, 1956 :' 'sale price' means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as cash ..... g.s.t. ref. nos. 10 to 13 of 1980.2.on applications filed by the excise and taxation commissioner, haryana, under section 42(1) of the haryana general sales tax act, 1973 (hereinafter referred to as 'the act'), the sales tax tribunal, haryana, has referred the following two questions of law for our opinion :(i) whether, on the facts .....

Sat Pal and Co. Vs. Excise and Taxation Commissioner and ors.

Court : Punjab and Haryana

Reported in : (1990)86CTR(P& H)13; [1990]185ITR375(P& H)

..... at the rate of 60 per cent. of the purchase price. it has not been explained why it was reduced to 40 per cent. in the act. because of these measures, section 44ac offends article 14 of the constitution. it also imposes unreasonable restrictions upon the fundamental right guaranteed by article 19(1)(g). however, in social interest ..... in detail and has been turned down. we are in respectful agreement with the reasoning and conclusions therein and hold that on a harmonious construction of sections 44ac and 206c of the act, the inescapable conclusion is that the distillery is entitled, rather obliged, to charge a sum equal to 15 per cent. of the purchase price ..... concur in the felicitous formulations articulated in the judgment.8. the first question that calls for determination is the legislative competence of parliament to enact sections 44ac and 206c of the act. the power of parliament to frame laws in respect of income-tax flows from entry 82 in list i of the seventh schedule to the .....

P.K. Chinnasamy Vs. Superintending Engineers, Execution Circle, Madura ...

Court : Chennai

Reported in : AIR1990Mad347

..... and they do not require interference at our hands. once there is a refusal to set aside the award, then the implications of sec. 17 of the act come into play and as we have already noted, there is no other alternative for the court, except to pronounce a judgment, ..... them to the facts of the present cases, we find no scope for the court to invoke the aid of s. 30 of the act for the purpose of setting aside the awards. if that is so, we find that the dismissals of o.p. 172 and 173 ..... and there is every justification for bringing the matters within the scope of s. 30 and in particular cl. (a) thereof of the act, and setting aside the awards. learned counsel appearing for the board would submit that this is a case where it must be held that ..... is no ground to set aside the awards, then by the very force of s. 17 of the arbitration act 10 of 1940, hereinafter referred to as the act, the court below is left with no other alternative but to proceed to pronounce the judgments according to the awards .....

C.K.P. Assankutty Vs. State

Court : Kerala

Reported in : 1990CriLJ362

..... conduct.as counsel defending first accused it was a bounden duty of the petitioner to bring out the circumstances which entitles his client to get the benefit of section 19(2) of the act. for getting that benefit he has to state the circumstances under which the warranty happened to be lost to him. to substantiate that he was duty-bound ..... counsel sri p. v. abdurahiman. learned magistrate now finds fault with petitioner in allowing dw-2 to swear against sri p. v. abdurahiman.2. as per section 19(2) of the act a vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if he proves that he ..... of food sold by him was one purchased from second accused and it was covered by a warranty. he wanted to avail the benefit of clause (2) of section 19 of the act. for that purpose he entrusted the bill stated to have been obtained from second accused with counsel for production before court. learned counsel did not produce it before .....

National Insurance Co. Ltd. and anr. Vs. Union of India (Uoi)

Court : Guwahati

..... taken as 23.3.1973, because 60 days' time would also be added to it which is required for giving notice under section 80 of the code of civil procedure. in this connection, mr. sharma has first drawn our attention to averments made in para 3 of the plaint wherein it was specifically ..... .1972 or on 23.3.1973. as the suit was filed on 18.5.1976 it was beyond the period of 3 years visualised by article 10 of the limitation act, 1963 (new) if the cause of action had accrued on 28.12.1972. the suit would, however, be within time if the starting point of the limitation has to be .....

Municipal Board, Begun and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1991Raj14; 1990(1)WLN64

..... , curtail or extend the period of such appointment.3. the petitioner has also sought a declaration that amendments made in section 4(8)(b) and section 11 of the act by the rajasthan municipalities (amendment & validation) act, 1987 (act no. 9 of 1987) are unconstitutional and void. this prayer has rightly been not pressed and so we are not ..... called upon to adjudicate the constitutionality of the amendments made in section 4(8)(b) and section 11 of the aforesaid amendment act.4. the main question that arises for consideration in this writ petition is as to whether the requirement of prescribing the period ..... invalid and bad. for consideration of the above question and for facility of reference we read section 293-a :293-a. power to appoint administrators in certain cases (1) whenever-- (a) any general elections to a board under this act and the proceedings consequent thereon have been stayed by an order of a competent court or .....

Meena Oil Product and ors. Vs. State and anr.

Court : Allahabad

Reported in : 1990CriLJ1898

..... is not so.14. in order to judge the aforesaid conclusion it may be useful to make a reference to the salient features of sections 19 and 20a of the act. by sub-section (2) of section 19 a vendor shall not be deemed to have committed an offence it he proves that he had purchased the adulterated article after purchasing it ..... the conduct of the partners in the business, the law enjoins that such partners must also be impleaded along with the firm. it may be remembered that section 16, of the act provides both types of punishments, that is corporal as well as sentence of fine. if only corporal punishment was prescribed then firm may well have been excluded ..... of the oil tins from m/s. meena oil products, newajkheda, aishbagh, lucknow. the two samples were apparently found adulterated hence two prosecutions under section 7/16 p. f. a. act (for short the act) by way of criminal complaint ensued. criminal case no. 210/1981 relates to the sample from open tin while criminal case no. 1767/81 relates .....