Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Year: 2003 Page 9 of about 4,604 results (0.463 seconds)

M.D., Army Welfare Housing Organisation Vs. Sumangal Services Pvt. Ltd ...

Court : Supreme Court of India

Reported in : AIR2004SC1344; 2003(3)ARBLR361(SC); JT2003(Suppl2)SC300; 2003(8)SCALE424; (2004)9SCC619; [2003]48SCL344(SC)

..... in kuju collieries ltd. v. jharknand mines ltd. and ors. : [1975]1scr703 this court held that in relation to a contract which is hit by section 23 of the contract act section 75 and section 70 of the contract act shall not apply. only in a case where a contract has become void due to subsequent happenings, the advantage gained by a person should be ..... one of three possible reasons would have imputed negligence to the shipowners. it was held by the house of lords that, since the charterers were unable to prove that the explosion was caused by the fault of the owners, the defence of frustration succeeded and the contract was discharged. it should perhaps be rioted that in many cases a self- ..... never explained. the rule is open to the objection that the charterer is much less likely than the owner to be able to show how the explosion occurred. this reasoning does, indeed, prevail in one group of cases: a person to whom goods have been bailed, and who seeks to rely on their destruction as a .....

Sulochana and ors. Vs. Karnataka State Road Transport Corporation

Court : Karnataka

Reported in : II(2004)ACC534; 2005ACJ849; ILR2003KAR4911

..... passengers travelling in the same. a claim petition for payment of compensation was originally filed by the widow, minor, children and the parents of the deceased under section 166 of the motor vehicles act before the tribunal at bangalore. the said petition was subsequently amended so as to make a claim for compensation on no fault basis in terms of ..... as a result of the over turning of the tanker, the petrol contained in it started leaking and got collected nearby. few hours after the initial accident, an explosion took place in the petrol tanker resulting in a fire causing burn injuries to a number of persons who had gathered there to collect petrol that was leaking from the ..... to the conclusion that even when the tanker in question had turned turtle and could not be moved unless it was once again put back on wheels yet the explosion resulting in injuries to the people who had gathered to collect petrol was an accident arising out of the use of the vehicle. the following passages from the .....

Veena Kumari and ors. Vs. Jasbir Singh and ors.

Court : Delhi

Reported in : III(2004)ACC90; 2003VIIAD(Delhi)558

..... differently. hence, we are disposed to adopt the rule in claims for compensation made in respect of motor accidents.'no fault liability' envisages in section 140 of the mv act is distinguishable from the rule of strict liability. in the former the compensation amount is fixed and is payable even if any one of the ..... calibrated work the learned author has pointed out that 'over the years rylands v. fletcher has been applied to a remarkable variety of things: fire, gas, explosions, electricity, oil noxious fumes, colliery spoil, rusty wire from a decayed fence, vibrations, poisonous vegetation.................'. he has elaborated seven defenses recognized in common law against ..... amount awarded by the tribunal. thereforee, these two are resting on two different premises. we are, thereforee, of the opinion that even apart from section 140 of the mv act, a victim in an accident which occurred while using a motor vehicle, is entitled to get compensation from a tribunal unless any one of the .....

Surender Singh Bajaj Vs. Harmeet Singh Sethi and anr.

Court : Andhra Pradesh

Reported in : 2004(1)ALD91; 2004(1)ALT430; 2004(1)ARBLR436(AP)

..... dealership of the appellant. clause 20 of the said agreement also requires the dealer to observe and comply with the provisions of the petroleum act, explosives act and the weights and measurements act, 1976 and the rules and regulations made thereunder.18. the apex court on analyzing clause 30 of the dealership agreement observed that the ..... ., : [1963]3scr209 , and jaikishan v. l. kanoria & co., : air1974sc1579 .10. the learned counsel for the respondents further submits that inasmuch as section 3 of the benami transactions (prohibition) act, 1988, prohibits purchase of property benami, the alleged purchase of property by the applicant under the alleged agreement dated 6-2-1990, in the names of the ..... to them. on the complaint being referred to banjara hills police station, the police registered the same as fir no. 556/2001, dated 21-10-2001 under sections 379, 420, 467, 468 and 471 i.p.c. the applicant states that when he made an application to the economic offences court, nampally, for .....

Sstate Vs. Mohd. Afzal and ors.

Court : Delhi

Reported in : 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669

..... proclaimed offenders. reports from cfsl were collected and made a part of investigation record. he obtained sanction from the concerned authority under section 50 of pota and under section 7 of explosive substances act and section 196 cr.p.c. he recorded sstate ments of witnesses as and when required. he obtained the post-mortem reports of the ..... in respect of the deposition by him as to what material was placed and considered by the commissioner of police. thus, the sanction accorded under section 7 of the explosive substances act meets the requirement of law.160. we may now note the fourth issue raised by the defense. contention raised was that pota had certain statutory ..... ), it, thereforee, cannot be said that there was no valid sanction.159. turning to the second sanction accorded by the commissioner of police under section 7 of the explosive substances act, pw-12 has deposed that file was put up to the commissioner of police which contained copy of the fir, list of accused persons and .....

State. Vs. Mohd. Afzal and ors.

Court : Delhi

..... proclaimed offenders. reports from cfsl were collected and made a part of investigation record. he obtained sanction from the concerned authority under section 50 of pota and under section 7 of explosive substances act and section 196 cr.p.c. he recorded statements of witnesses as and when required. he obtained the post-mortem reports of the terrorists ..... ), it, therefore, cannot be said that there was no valid sanction.159. turning to the second sanction accorded by the commissioner of police under section 7 of the explosive substances act, pw-12 has deposed that file was put up to the commissioner of police which contained copy of the fir, list of accused persons and ..... respect of the deposition by him as to what material was placed and considered by the commissioner of police. thus, the sanction accorded under section 7 of the explosive substances act meets the requirement of law.160. we may now note the fourth issue raised by the defense. contention raised was that pota had certain .....

Ramanand Yadav Vs. Prabhu Nath Jha and ors.

Court : Supreme Court of India

Reported in : 2003(3)BLJR2330; 2004CriLJ640; JT2003(8)SC404; (2003)12SCC606

..... two of them namely laxmi yadav and badri yadav were found guilty of offence under section 3 of the explosive substance act, 1908 (in short 'explosive act'). life sentence was imposed by offences relatable to section 302 or section 302 read with section 149. custodial sentence of various magnitudes were imposed for other offences. since prabhu nath was absconding, his trial was separated ..... of occurrence immediately after the 'explosion and, therefore, the fact that they did not see the eye-witnesses cannot be a factor to doubt their presence. so far as the medical evidence is concerned ..... of pws 2 and 4 ruling out presence of so-called eye witnesses is concerned it was pointed out that the witnesses have clearly stated that after the explosion they went away being afraid and shocked, and came back after a short time. the evidence of pws 2 and 4 shows that they reached, the spot .....

Oriental Insurance Co. Limited Vs. Bhatter Silver Smith Pvt. Ltd.

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

..... briefly stated, are that the respondent m/s. bhatter silver smith pvt. ltd. through its director shri roshan dabriwal, had filed a complaint under section 12 of the act before the district forum, averring therein that the respondent was engaged in the business of fabrication of silver jewellery and a jewellers block insurance policy bearing no ..... no. 17-a/39, vardan house, ajmal khan road, karol bagh, new delhi. it was stated that the policy issued by the appellant covered risk against fire, explosion, lightening, riot, strike, malicious damage, burglary, house-breaking, theft and robbery. it was stated that despite all round security, on the night falling between 10th/11th may ..... in service and on the basis of above finding has passed the impugned order. 8. feeling aggrieved, the appellant has preferred the present appeal under section 15 of the act. 9. we have heard the learned counsel for the appellant at length and have also carefully gone through the documents/material on record. on the .....

Fertiliser Corporation of India Ltd. Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Reported in : II(2004)ACC108; AIR2004P& H162; (2004)136PLR440

..... i.e., railway risk rate, then the railway administration is liable for the loss or damage caused to the same during the course of transit.15. section 78 of the act pertains to exoneration from responsibility in certain cases, which reads as under:-78. exoneration from responsibility in certain cases.- notwithstanding anything contained in the foregoing ..... or the consignee;g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods;h) latent defects;i) fire, explosion or any unforeseen risk;provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of ..... the state of despatch. in view of the aforesaid judgments, i am of the opinion that the railway administration was not entitled for any benefit under section 74 of the act.21. in view of the aforesaid discussion, the instant appeal is allowed with costs. the impugned judgment and decree passed by the learned trial court is .....

Sambhu Kumar Singh and anr. Vs. State of Bihar (Now Jharkhand)

Court : Jharkhand

Reported in : [2004(1)JCR691(Jhr)]

..... per the seizure list (ext. 4) in presence of the witnesses.4. charge was framed against the appellants under sections 25(1-b) and 26 of the arms act and also under section 5 of the explosive substance act.5. the appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent ..... rigorous imprisonment for a period of five years for the offence under section 26(2) of the said act and the sentences were ordered to run concurrently. however, both the appellants were not found guilty of the offence under section 5 of the explosive substance act and they were accordingly acquitted in respect thereof.2. the prosecution case ..... 1992 by shri dilip kumar sinha, 2nd additional sessions judge, hazaribagh whereby and whereunder the appellants were found guilty for the offence punishable under sections 25(1)(c) and 26(2) of the arms act, 1959 and they were convicted and sentenced to undergo rigorous imprisonment for five years for the offence punishable under .....