Court : Mumbai
Decided on : Jan-24-2003
Reported in : 2003BomCR(Cri)1033; 2003CriLJ4238
..... 427 read with 34 of the indian penal code and under section 25(1)(a) and 27 of the indian arms act read with section 34 of the indian penal code. they were also chargesheeted for offence punishable under section-4 and 5 of the explosive substance act read with section 34 of the indian penal code. the trial court however, ..... has convicted the appellant-accused no. 1 only for the offence punishable under section 307 read with 34 of the indian penal code and sentenced to ..... of those who in one way or the other facilitate the execution of the common design is itself tantamount to actual participation in the criminal act. the essence of section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a particular result. such consensus can be developed .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Jan-30-2003
Reported in : (2003)(87)ECC93
..... press v. collector of customs, new delhi, 1994 (72) elt 620 (t) and also the judgment rendered by the hon'ble high court at calcutta, in the case of indian explosives ltd. v. collector of customs, 1992 (60) elt 111 (cal.). on the other hand, ld. jdr has reiterated the correctness of the impugned order of the commissioner.5. ..... to the case of the appellants. therefore, keeping in view of the above referred facts and circumstances, we set aside the penalty imposed on the appellants under section 112(d) of the customs act and reduce the redemption fine to rs. 25,000. except for this modification, the impugned order of the commissioner customs is maintained. the appeal of the ..... 's impugned order-in-original no. s8/205/98-siib dated 4.6.1998. the commissioner of customs had ordered the confiscation of the goods under section 111(d) & (m) of the customs act, but given an option to the appellants for redemption of the same on payment of fine of rs. 1,50,000 and also further imposed penalty .....
Tag this Judgment!Court : Chennai
Decided on : Jan-31-2003
Reported in : (2003)IILLJ750Mad
..... case of a mine, such lay-off is due also to fire, flood, excess of inflammable gas or explosion. sub- section (5) of section 25-m provides that if an application or permission under sub-section (1) or sub-section (3) has been made and if no order is passed granting or refusing to grant permission within a ..... at once. at that stage, the petitioner applied to the government of india for permission to lay-off and in terms of sub-section (1) of section 25 of the industrial disputes act, but in the exceptional circumstances, namely, the direction issued by the supreme court and the consequential orders of the district forest officer. ..... writ-petitioner-management, yet, it has declined to grant permission for lay-off. as rightly contended by the counsel for the petitioner, the first respondent has acted arbitrarily and had taken into consideration matters which are not relevant or irrelevant consideration has entered in the minds of the first respondent. the extraordinary circumstances has .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-06-2003
Reported in : AIR2003SC1191; JT2003(1)SC594; 2003(2)MPHT377; 2003MPLJ37(SC); 2003(1)SCALE689; (2003)3SCC1; [2003]1SCR906; 2003(2)LC828(SC)
..... chapters v-a, vi and vii and section 216-a, 224 and 225 (if it is a case of an escape from a jail), 231, 232, ..... rule prohibits release of specified classes of offenders in relation to the offences for which they are convicted and thus defeats the very object of the act.23. section 9(4) which enables framing rules to classify the offenders impliedly permits their classification not merely on the basis of their antecedents and their conduct in ..... prisoners shall not be released under act:- (a) those convicted of offences under the madhya barat vagrants, habitual offenders and criminals (restrictions and settlement) act, 1952, or any law in force in any region of the state corresponding to the said act, or the explosive substances act, 1908 or under the following chapters or sections of the indian penal code, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-12-2003
Reported in : (2003)134PLR602
..... the landlord and the tenant that a harmony is sought to be struck whereby the boha fide requirements of the landlords and the tenants in the expanding explosion of need and population and shortage of accommodation are sought to be harmonised and the conditions imposed to evict a tenant are that the landlord must have ..... the subsequent events and developments occurred after the initiation of the ejectment proceedings and can reappraise the evidence while hearing the revision under section 15(5) of the east punjab urban rent restriction act, 1949. by taking those events and developments into consideration, i am of the opinion that ejectment of the petitioners on the ground ..... landlord is not justified. the hon'ble supreme court in amarjit singh v. smt. khatoon quamarain's case (supra) has observed as under:-'the rent restricting acts are beneficial legislations for the protection of the weaker party in the bargains of letting very often. these must be so read that these balance harmoniously the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-17-2003
Reported in : [2003(97)FLR874]; 2003(2)MPHT65; 2003(2)MPLJ555
..... be specified in, such notification. first notification was issued on 31-12-1960. the notification provides that ail the provisions of the said act other than sections 1 and 112 shall come into force on 31-12-1960 in respect of undertakings in the industries specified in the schedule below wherein ..... fibres including regenerated cellulose-rayon, nylon and the like. (8) coke over by-products. (9) coal-tar distillation products like, naphthalene, anthracene and the like. (10) explosives including gunpowder and safety fuses. (11) insecticides, fungicides, weedicides and the like. (12) textile auxiliaries, (13) sizing materials including starch. (14) miscellaneous chemicals. from the ..... .p., indore and ors., reported in 1968 mplj page 95, the division bench of this court has held that the notification issued under section 1 (3) of the act making it applicable to cement industry. workers engaged for construction of factory for manufacturing cement cannot be deemed to be working in cement industry .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-19-2003
Reported in : 2003(2)ALD495; 2003(3)ALT176; 2003CriLJ3354
..... attorney general and hold that the nexus to connect the 1st respondent with the incident is not established for granting consent as provided under section 7 of the explosive substances act to launchprosecution. the action of the respondents in refusing to grant consent to launch prosecution against the first respondent, in the facts and ..... general twice opined that there is no prima facie case for sanctioning prosecution against the first respondent in respect of an offence falling under section 5 of the explosive substances act, 1908. the fourth respondent denied the allegations made by the petitioner and clarified that in the opinion of the learned attorney general, no ..... or with imprisonment for a term which may extend to five years, to which fine may be added.'19. section 6 of the explosive substances act, 1908 provides punishment for abettors, which reads as under:'section 6. punishment of abettors :--any person who by the supply of or solicitation for money, the providing of premises, .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-26-2003
Reported in : 2003(2)CHN427
..... present case.5. police after investigation submitted charge sheet on 31.8.2000 vide charge sheet no. 239/2000 under sections 147/148/149/326/307/302 of the indian penal code and sections 3 and 4 of the explosive substances act against the present petitioner and others showing this accused petitioner at sl. no. 10 as absconder.6. it was ..... g. r. case no. 697 of 1990) in connection with beldanga police station case no. 112 dated 28.5.1998 under sections 147/148/149/326/307/302 of the indian penal code and sections 3 and 4 of the explosive substances act, now pending in the court of the ld. s. d. j. m. berhampore, murshidabad.2. the short facts leading ..... obtained an order for stay to move the sessions court. this direction of the magistrate was wholly irregular and may be, enabled the accused persons to circumvent the principle of section 439 cr. p. c. we might have taken a serious view of such a course, indifferent to mandatory provisions, by the subordinate magistrate but for the fact that .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-05-2003
Reported in : 2003BomCR(Cri)1727; 2003CriLJ2994
..... : 1) he intended to threaten the unity, integrity, security or sovereignty of india, 2) he intended to strike terror in the people, 3) any section of people does any act or thing by using bombs, dynamites or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether ..... ) whoever - (a) with intent to threaten the unity, integrity, security or sovereignty of india or to strike terror in the people or any section of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-05-2003
Reported in : AIR2003SC1981; 2003CriLJ1717; 2003(2)JKJ16[SC]; JT2003(3)SC239; 2003(2)SCALE648; (2003)4SCC128
..... has clearly stated that the injuries suffered by the deceased persons at least two of them i.e. rajendra chaudhary and sheo mahto may be caused by explosive substances such as powerful bomb. there is no material collected by the prosecution indicating either the use or otherwise of the bomb in the attack. to ..... santosh hegde, j.1. the two appellants in these appeals along with two other accused persons were charged for committing offences punishable under section 302 ipc and section 27 of the arms act for having committed triple murder of shivnandan mahto, chamru chaudhary and rajendra chaudhary on the night intervening between 10th and 11th october, 1992 ..... of the offences charged and sentenced them to undergo imprisonment for life for an offence punishable under section 302 ipc. he also imposed a sentence of 7 years' ri for offence punishable under section 27 of the arms act, and directed the sentences to run concurrently. against the said judgment and conviction, the appellants preferred .....
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