Court : Supreme Court of India
Decided on : Jul-29-2003
Reported in : AIR2003SC3074; 2003(2)ALD(Cri)465; 2003(2)ALT(Cri)182; 2003CriLJ3854; 2003(4)CTC42; II(2003)DMC379SC; JT2003(7)SC143; 2003(6)SCALE127; (2003)10SCC78
..... power of the union extends.(iii) prisoners convicted under narcotic drugs and psychotropic substances act, the scheduled castes and scheduled tribes (prevention of atrocities) act, explosive substances act, indian explosive substances act, indian explosive act and indian arms act, while being sentenced to imprisonment for life.(iv) prisoners convicted for crimes against women such as section 376 and 351 ipc while being sentenced to imprisonment for life.(v) prisoners convicted ..... for the offences of theft, robbery, dacoity and receiving stolen property (i.e. section 173 to 411 ipc) while .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-30-2003
Reported in : AIR2003SC3057; 2003(4)ALLMR(SC)707; 2003(4)AWC2920(SC); 2003(3)CTC620; JT2003(6)SC283; (2003)135PLR531; 2003(5)SCALE602; (2003)8SCC369
..... : [1988]1scr1 .15. incidentally it may be noted that so far as the state of haryana is concerned, in the haryana municipal act, 1973 (act no. 24 of 1973) section 13a has been inserted to make a provision for similar disqualification for a person from being chosen or holding the office of a member of ..... the poverty line. the laudable goals spelt out in the directive principles of state policy in the constitution of india can best be achieved if the population explosion is checked effectively. therefore, the population control assumes a central importance for providing social and economic justice to the people of india (usha tandon, reader, ..... then have not been realised. (population policy and the law, ibid, pages 44-46).37. the above facts and excerpts highlight the problem of population explosion as a national and global issue and provide justification for priority in policy-oriented legislations wherever needed.38. none of the petitioners has disputed the legislative competence .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-08-2003
Reported in : 2003(2)ALD(Cri)810; 2003(2)ALT(Cri)351; JT2003(7)SC302; 2003(6)SCALE181; (2003)10SCC586; 2003(2)LC1288(SC)
..... method of proof in a case like this, cannot be on the lines of a crime under the provisions of ipc inasmuch as sub-section (2) of section 3 and section 4 of the act engrafts the statutory presumptions to be drawn from the facts and that this would make all the difference in the nature of consideration required in ..... violence to the language, scheme underlying and the very object of the said provision besides rendering otiose or a dead letter the specific provision engrafted in sub-section (2) of section 3 of the act. in view of this, the decision of the single judge of the high court in 1993 crl.l.j. 2984 (supra) cannot be said ..... cause to be done the illegal act. for an offence under section 120b the prosecution need not necessarily prove that the perpetrators expressly agreed to do or cause to be done the illegal act; the agreement may be proved by necessary implication. in this case, the fact that the appellants were possessing and selling explosive substances without a valid licence for .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-08-2003
Reported in : I(2004)ACC463; III(2004)ACC828; 2005ACJ982
..... the other motor vehicle the tanker had fallen on one of its side on sloping ground resulting in escape of highly inflammable petrol and that there was grave risk of explosion and fire from the petrol coming out of the tanker. in the light of the aforesaid circumstances the learned judges of the high court have rightly concluded that the ..... a result of overturning of petrol tanker, petrol contained in it leaked out and collected nearby. at about 7.15 a.m. about 4 1/2 hours of accident an explosion took place in the said petrol tanker, resulting in fire, causing death and injuries to few persons. the case on behalf of petrol tanker was that at the time ..... that the death was not caused by the tractor-trolley and was caused by the bus and, therefore, the appellant was not liable for compensation under the provisions of section 147 of the act. he contended that the tractor-trolley was standing and as a result of being dashed by the bus, the trolley turned and fell on the deceased, munir ahmad .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-12-2003
Reported in : 2005ACJ1605; AIR2004Jhar66; [2003(4)JCR695(Jhr)]
..... are entitled to get compensation from the government.9. in the instant case, it has been held in the foregoing paragraphs that the police, having not called explosive experts, acted in a manner which failed to protect the life of the deceased rajnish @ dablu. however, taking into consideration the fact that even the members of the police ..... members of the. family were dependent upon the income of the deceased rajnish kumar @ dablu. it has also been stated that rajnish died due to the bomb explosion.10. the aforementioned paragraphs 8, 9 and 10 have not been controverted by the respondents in their counter affidavit. all that they have said is recorded at paragraph ..... is stated that unaware of the contents of the parcel, the police party alongwith the son of the petitioner tried to open the parcel and in the subsequent explosion, the on of the petitioner was killed while the members of the police party suffered serious bomb blast injuries. the son of the petitioner himself volunteered to open .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-13-2003
Reported in : 2003(156)ELT625(SC); JT2003(7)SC196; 2003(3)KLT655(SC); 2003(6)SCALE393; (2003)7SCC270; (2003)3UPLBEC2652
..... in respect of the following categories of goods, namely:-a) gold/silver bullion and goods which are notified or specified under the customs act, 1962;b) arms and ammunition, explosives;c) opium and other narcotic drugs;d) goods not declared which are seized in the customs area or customs waters; ande) freely ..... by the appropriate authorities (such as tribunal, fera board, etc.) resulting in the upholding of confiscation, demand, fine penalties, etc. imposed under the respective acts.7. to whom reward may be paid7.1 ordinarily, informers and government servants (upto the level of group 'a' superintendents/assistant collectors of customs and central ..... the appellant-government not only authorized the state police authorities to effect seizure and investigation of cases under the central excise & salt act, customs act, gold control order and foreign exchange regulation act, to present smuggling of gold and other articles through the coastal areas of kerala, as well as in other parts of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-22-2003
Reported in : 2003(4)MPHT380
..... of facts are necessary for the disposal of this revision petition. suffice it to say, that the charge-sheet under section 3/5 of the explosive substances act, was filed in the committal court wherein an application under section 319 of the code was moved by the prosecution on 3-2-97 to array the applicant subhash chandra jain as ..... order. hence, this revision.3. in this revision petition, shri harpreet ruprah, learned counsel for the applicant has vehemently argued and submitted that the case under section 3/5 of the explosive substances act is triable by the court of sessions and hence the committal court was not enjoying any jurisdiction to allow the application filed under ..... section 319 of the code. to bolster his contention he has placed heavy reliance on the decision of the apex court in the case of raj kishore v. .....
Tag this Judgment!Court : Orissa
Decided on : Aug-28-2003
Reported in : 2004(I)OLR70
..... including the appellant were arrested who faced their trial for alleged commission of offences under sections 457/398/216-a of indian and penal code besides section 9-b(b) of the indian explosive substances act and section 27 of the indian arms act. the learned trial court found all the accused persons not guilty of the offences under ..... sections 457/395/216-a of ipc and also section 9-b(b) of the indian explosive substance act and section 27 of the indian arms act and acquitted ..... them of the said charges. however, the trial court found the appellant guilty under section 412 ipc and convicted and sentenced him .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-28-2003
Reported in : 2003(5)ALD500; 2003(2)ALT(Cri)510
..... february 10, 1949 the judge, special court, red fort, delhi, convicted the petitioner for offences under section 3, read with section 6, of the explosive substances act, under section 4(b) and section 5 thereof; and for murder under section 302, read with section 109, of the indian penal code; for the first two offences he was sentenced to seven years' ..... no such provision is found in the indian penal code, code of criminal procedure or the prisons act. though the government of india stated before the judicial committee in the case cited supra that having regard to section 57 of the indian penal code, 20 years' imprisonment was equivalent to a sentence of transportation for ..... to predicate the time of his death. that is why the rules provide for a procedure to enable the appropriate government to remit the sentence under section 401 of the code of criminal procedure on a consideration of the relevant factors, including the period of remissions earned. the question of remission is exclusively .....
Tag this Judgment!Court : Chennai
Decided on : Sep-01-2003
Reported in : 2003(1)CTC78
..... a fine of rs. 250 with a default sentence of three months' rigorous imprisonment. a4 to a14 were also charged under section 3 of the explosive substances act framed under charge no. 15 and under section 4(b) of the said act framed under charge no. 16 and each one of them was sentenced to undergo rigorous imprisonment for a period of three years ..... under each charge. charge no. 17 was framed against a4 to a14 under section 307, ipc and on finding them guilty, the ..... and therefore, an eviction petition in o.p.no. 42 of 1989 was filed against them before the special deputy collector (revenue), salem, under section 3(2)(b)(c) of the cultivating tenants protection act. an order of eviction was passed on 20.12.1991 in favour of p.w.14 and the said order stands marked as ex.p-3 .....
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