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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Year: 2003 Page 3 of about 4,604 results (0.178 seconds)

Mar 11 2003 (TRI)

Anil Chemicals and Indus. Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Mar-11-2003

Reported in : (2003)(155)ELT91Tri(Mum.)bai

..... made for the extended period is hit by limitation. the following judgments witness this ruling - (1) the storage in three compartments of the ingredients necessary to manufacture prepared explosives in the same van did not amount to manufacture and that the provisions of rule 2(a) of the rules for interpretation of central excise tariff did not apply. ..... and could not fall under the ambit of the aforesaid rule. the belief of the commissioner that these three ingredients carried separately in the same van were prepared explosives incomplete or unprepared form has no substance and must be rejected.5. as the second argument before him the assessees claimed that the goods on final mixing at ..... to evade payment of duty. in the absence of any specific averment to this effect, the proviso to section 11a does not come into operation. no such allegation is made in the show cause notice at all. the act of not taking a licence is described as wilful but there is nothing to sustain the invocation of the .....

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Mar 13 2003 (HC)

Major Anand Kumar Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Decided on : Mar-13-2003

Reported in : [2003(2)JCR585(Jhr)]

..... being socially boycotted from all regimental functions.the petitioner brought to the notice of the controller of defence accounts (cda for short) about huge irregularities in ammunitions and explosives and cda carried out enquiry. he found, prima facie, huge irregularities and in the final report, it was established that there was huge loss of state exchequer. ..... and advised to get him examined on 11th october, 2000, but he was not sent for medical examination.the petitioner further alleged that in contravention to the army act, though rule 180 was invoked but no full opportunity was given to him, in spite of repeated requests and the court of enquiry was conducted and completed by ..... to know the internal affairs of the army. it would have been better for the petitioner to have availed internal remedy, at the first instance, before making various acts of army personnel public.9. in the present case, the petitioner has failed to make out any case of mala fide either against col. h.c. chawla or .....

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Mar 20 2003 (HC)

ici India Limited Vs. Union of India (Uoi)

Court : Madhya Pradesh

Decided on : Mar-20-2003

Reported in : 2003(159)ELT53(MP)

..... .6. manufacturing process of the petitioner unit is governed by a licence issued under the indian explosives act, 1884 read with the explosives rules, 1983.7. it is further averred that petitioner-company is not empowered under the licence to manufacture explosive at the support plant site since such plants are located in habitable areas. the vehicles brings ..... he has submitted that there should be uniform procedure of such taxing events as may be laid down by central board of excise and customs under section 37b of the central excise act, 1944. he has relied upon a circular issued by the govt. of india, ministry of finance (department of revenue), central board of excise ..... and directions of the said board.13. i find that prayer made by the petitioner to approach the central board of excise and customs, new delhi, under section 37b has not been seriously opposed.14. without expressing any opinion on the merits of the case and the rival submissions advanced, petitioners may if so advised, .....

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Mar 21 2003 (HC)

A.P. Kerosene Wholesale Dealers Federation Vs. Commissioner of Civil S ...

Court : Andhra Pradesh

Decided on : Mar-21-2003

Reported in : 2003(4)ALD102

..... by the commissioner of police or district magistrate. the licence to import and store petrol an installation is to be granted by the chief controller or controller of explosives in form xiii. an 'installation' as per rule 2(xiv) means any premises wherein any place has been specially prepared for the storage of petroleum in bulk ..... authorities who can grant licence. licence to carry petrol by land on mechanically propelled vehicles is to be granted by the chief controller or a controller of explosives in form-ix. the licence to import and store petroleum products in bulk in quantity not exceeding 25,000 litres i.e., (25 kilo litres) is ..... mis, a reference to some of the provisions of the petroleum act and the petroleum rules is necessary.12. the petroleum act in pith and substance deals with the law relating to import, transport, storage, production, refining and blending of petroleum. section 29 of the act empowers the central government to make rules inter alia providing for storage .....

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Mar 26 2003 (SC)

Karamjit Singh Vs. State (Delhi Administration)

Court : Supreme Court of India

Decided on : Mar-26-2003

Reported in : AIR2003SC1311; 2003CriLJ2021; [2003(3)JCR33(SC)]; JT2003(3)SC249; 2003(3)SCALE398; (2003)5SCC291; [2003]3SCR25; 2003(2)LC799(SC)

..... 11.1990 and on the basis of the rukka brought by naresh, constable, at 1.30 p.m., she registered a case against the appellant under sections 3 and 4 of the explosive substances act and sections 3, 4 and 5 of the tada as fir no. 298 of 1990. pw3 babu khan, head constable deposed that pw11 pratap singh, inspector ..... the basis of which cognizance was taken by the designated court. the learned additional sessions judge (designated court no. 1), new delhi, framed charges under sections 4 and 5 of the explosive substances act and sections 3 and 5 of tada on 12.5.1993. the prosecution in support of its case examined 14 witnesses and filed some documentary evidence. the appellant ..... naresh and on the basis thereof pw1 shashi bala, who was on duty, registered a case against the appellant being fir no. 298 of 1990 under sections 3 and 4 of the explosive substances act and sections 3, 4 and 5 of tada. the appellant was produced in court on the next day, where he was taken on police remand. the appellant .....

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Mar 27 2003 (HC)

Lalsons Enterprises Vs. Asstt. Cit

Court : Delhi

Decided on : Mar-27-2003

Reported in : (2004)86TTJ(Del)1050

..... was of the view that assessment completed by the assessing officer was erroneous and prejudicial to the interest of revenue. accordingly, he issued notice under section 263 of the act to the assessed pointing out different errors committed by the assessing officer in respect of different disallowances etc. and after considering the reply submitted by ..... contended that the courts have held that funds should be appropriated in the manner most beneficial to the assessed. reference in this regard was made to the decision of indian explosives ltd. v. cit : [1984]147itr392(cal) , alkali & chemicals corporation of india ltd. v. cit : [1986]161itr820(cal) and marnite polycast ltd. v. assistant ..... surplus funds of the appellant is heavily inclined in favor of the appellant. the said view is fortified by decision of the calcutta high court in indian explosives case (supra) and this tribunal decision in marnite's case (supra) wherein it has been held that where there is a mixed pool of funds, .....

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Mar 31 2003 (TRI)

Star Chemicals (Bombay) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Mar-31-2003

Reported in : (2003)79TTJ(Mum.)1002

..... not doubted by the ao. the nature of business is manufacture of phosphorous, which is highly explosive and it is claimed that the loader is a necessity in the line of trade. in accordance with the provisions of section 32ab of the it act, 1961, the deduction was allowed to the assessee on the purchase of jcb excavator loader but ..... section 32 of the act and as such the deduction be allowed under section 37 of the act as a matter of commercial expediency as a prudent businessman would do." 4. the learned counsel for the assessee argued ..... . 1 is not pressed by the learned counsel of the assessee, hence dismissed. "cit(a) erred in upholding the disallowance of rs. 8,66,989 under section 32ab of the it act in respect of unserviceable and unusable jcb excavator loader scrapped during the accounting year and the scrap value deducted from the block of assets under .....

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Apr 02 2003 (HC)

Rambriksha Bhuian Vs. the State of Bihar (Now Jharkhand)

Court : Jharkhand

Decided on : Apr-02-2003

Reported in : 2003(51)BLJR885; [2003(2)JCR450(Jhr)]

..... seizure-list. pw 8, akbarali mian, a formal witness, has proved the sanction order (ext. 9) to prosecute the appellant under section 3/5 of the explosive substances act and under section 25a of the arms act. in this case there is no eyewitness of the alleged occurrence. the appellant, rambriksha bhuian, was admittedly on his duty at his place ..... (ext. 3). on thebasis of the written information (ext. 1), formal fir (ext. 2) was drawn and case under sections 3 and 4 of the explosive substance act under section 25a/26 of the arms act and under section 326 of the ipc was registered. in course of treatment of injured, bijay bhuian, succumbed to his injuries on 8.10.2001. ..... authority relied by the learned counsel for the appellant, the sanction order, ext. 6 proved by a formal witness, to prosecute this appellant under sections 3 and 5 of the explosive substances act, is not a legal order of sanction. in view of my above considered opinion i find that the learned court below has not correctly .....

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Apr 02 2003 (HC)

Barauni Carbons Pvt. Ltd. Vs. the Bihar State Electricity Board and or ...

Court : Patna

Decided on : Apr-02-2003

..... time the consumer is prevented from receiving or using the electrical energy to be supplied under this agreement either in whole or in part due to strikes, riots, fire, floods, explosions, act of god or any other case reasonably beyond control or if the board is prevented from supplying or unable to supply such electrical energy owing to any or all of .....

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Apr 04 2003 (HC)

Kamlesh Rai Vs. Presiding Officer, Labour Court and ors.

Court : Allahabad

Decided on : Apr-04-2003

Reported in : 2003(4)AWC2800; (2003)2UPLBEC1307

..... adjudicator, after receipt of the reference of such dispute will have first to direct the workmen to approach the appropriate government for abolition of the contract under section 10 of the act and keep the reference pending. if pursuant to such reference, the contract labour is abolished by the appropriate government, the industrial adjudicator will have to give ..... from the date of termination, the order dated 17.4.1995 was liable to be set aside as having been passed in violation of the provisions of section 6n of the act, 1947. therefore, he should be reinstated with all consequential benefits and regularized with the principal employer in view of the provisions of the contract labour (regulation ..... the workmen employed by the contractor were certainly not the workmen of the corporation.'13. this court while deciding the writ petition no. 14758 of 1990, indian explosives ltd. v. state of u. p. and ors., vide its judgment dated 25.1.1991 considered the definition of workmen under the .....

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