Array ( [0] => ..... year under consideration. the benefit received by the assessee by appropriation of this amount to its p&l; a/c is definitely a benefit convertible into money. section 28(iv) of the act will squarely apply to such benefit.12. therefore, it is clear that in the aforesaid case the assessee had really received those amounts which were not claimed back ..... the rate of 6 per cent per annum for 10 years being the period of contract and he never got deduction for payment of interest under section 36(1)(iii) or under section 37 of the act and the said loan was waived. in that context, assessing officer held that credits became part of business income and prior to such waiver ..... rebate or remission he is benefited to the extent of the rebate or remission.9.1 next, reliance was placed by the revenue to substantiate their contention on section 41(1) of the act which reads as hereunder :'41(1) where an allowance or deduction has been made in the assessment for any year in respect of loss, expenditure or ..... [1] => ..... and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section. (v) the above provision of the act applies to all government servants who have acquired a disability during the service whereas in this case the applicant acquired the disability in the ..... bound by law to continue him in service even by creating supernumerary posts till his date of superannuation. we reproduce below section 47 of persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995. (1) no establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his ..... duties. (vi) it was admitted at the bar by the counsel for the respondents that the respondents are not unaware of the provisions of the act and there are instances where supernumerary posts have been created in higher pay scales to accommodate officers who have acquired locomotor disability during the course of ..... [2] => ..... of the total number of members of the company, apart from constituting one-tenth of the total number of members, thereby satisfying the requirements of section 399 of the act. while according to the petitioners, the shareholding among various groups of members in the company has been identical to the profit sharing ratio maintained from ..... . ltd. v.naini oxygen and acetylene gas ltd. (supra) dealing with different situations, are of little assistance to the petitioners. by virtue of section 9 and section 10 of the hindu succession act, 1956, as rightly pointed out by shri nandakumar, learned counsel, the shares held by dr.balaram, upon his demise, devolved upon his legal heirs ..... transfer of 500 shares of the deceased dr. balaram constitute 17% of the issued and paid up capital of the company, satisfying the requirement of section 399 of the act.moreover, the legal representatives of a deceased member whose name is in the register of members are entitled to maintain a petition in respect of ..... [3] => ..... petition cannot be rejected on the ground that the orders impugned are interlocutory and procedural in nature, or that later an appeal can be preferred under section 9 of the said act, as the impugned direction of respondent no. 2 is patently contrary to the said 2002 statutory guidelines, as the petitioner is a genuine and lawful ..... and also that there was overwhelming public interest to benefit crores of policy holders. if that be so, all the aforesaid three criteria contained in section 21 of lic act have been complied with, then the said guidelines will have to have statutory force. we do not find any substance in the argument of mr. ..... counsel appearing for the petitioner has brought to our notice that the respondent no. 1 is a company formed under the general insurance business (nationalisation) act, 1972 and he pointed out section 23 therein, which reads as under:--power of central government to issue directions:-- the corporation and every acquiring company shall, in the discharge of ..... [4] => ..... as to bring it within the purview of 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b ipc are pressed into service. the prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only ..... no definite period has been indicated and the expression 'soon before' is not defined. a reference to the expression 'soon before' used in section 114 illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after the theft is ..... it was held that firstly the burden lies on the prosecution to prove the husband's guilt beyond reasonable doubt before assuming presumption against him under section 113-b of the evidence act.9. learned public prosecutor, on the other hand, contended that the learned trial court has considered the oral and documentary evidence and rightly convicted and ..... [5] => ..... the same being contrary to law cannot create any legal right in favour of the petitioner/s and, therefore, the petition is liable to be dismissed.13. section 4(1)(b) of the act provides that all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done, with or for the dock ..... shall cease to have effect in relation to the major ports with effect from the date specified in the notification. there is no dispute that pursuant to section 3 of the act and as contemplated therein a settlement dated 4-2-1998 was arrived at and in terms thereof and by virtue of notification dated 17-3-1998. and w ..... the mdlb which the respondent m.p.t. is bound to follow. in our view this contention is misplaced. the act does not define the expression obligation which appears in clause (b) of sub-section (1) of section 4 of the act. the expression 'obligation' as per black's law dictionary is a generic word derived from the latin substantive 'obligation' ..... [6] => ..... working with the permission of, or under agreement with the employer or contractor; but does not include the members of an employer's family'. section 3(1) of the act empowers the state government to frame a scheme for the purpose of ensuring an adequate supply and full and proper utilization of unprotected workers in ..... other work including work preparatory or incidental to such operations carried on by workers not covered by any other entries in this schedule.' section 21 of the act provides that nothing in the act shall affect any rights or privileges, which any registered unprotected worker employed in any scheduled employment is entitled to, on the date ..... . the expression 'scheduled employment', it may be noted, means any employment specified in the schedule to the act or any process or branch of work forming part of such employment (section 2(9)). sub-section (2) of section 3 elaborates various aspects that can be provided for by the scheme. among them, a scheme can provide ..... [7] => ..... the learned judge was perfectly right in making this observation. if we read the definition of 'bill of exchange payable on demand' as given in section 2(3) of the act it may be somewhat surprising to discover that the expression 'bill of exchange payable on demand' may, literally speaking be quite often a misnomer, for the instruments ..... hundi is made payable on a future stated period or date, the hundi falls within the definition of 'bill of exchange payable on demand', as given in section 2(3) of the act. he took special note of the error committed by the trial judge in not treating the hundi in that case to be a 'bill of exchange payable on ..... merely on the ground that its payment had been postponed to a future date. in this context, the learned judge called special attention to the provisions of section 2(3)(b) of the act and pointed out that the said provisions give an extended meaning to the expression 'bill of exchange payable on demand'. if i may say so with respect ..... [8] => ..... property at shop no. 81 at shethni pole, ratanpole, ahmedabad as illegally acquired property and therefore, order its forfeiture to the central government free from all encumbrances under section 7(3) of the act. as out of the total cost of rs. 40,000 the ap could explain the source of rs. 32,500 only which is more than 50% of the ..... total cost, under the provisions of section 9 of the act, i give an option to pay a fine of rs. 9,000 (rupees nine thousand only) i.e. a fine equal to one and one fifth times of ..... 30 days from the date of receipt of this order failing which the same shall stand forfeited to the central government free from all encumbrances under the provisions of the act. on failure to redeem the forfeited property within the stipulated period of 30 days the ap shall surrender the same to the inspecting officer, safema/ndpsa, office of the competent ..... [9] => ..... contract, the state cannot impose sales tax on a works contract simplidter in the guise of the expanded definition found in article 366(29a)(b) read with section 2(n) of the state act.22. mr. joshi, pointed out that the rainbow colour lab case : 2000ecr771(sc) construed making photographic prints as a service contract. mr. joshi, ..... art work and taking out duplicate copies by photocopying. on june 10, 1988 an application was made by the respondents under section 52 of the bombay sales tax act, 1959 read with section 9 of the works contract act to the additional commissioner of sales tax to decide three questions:(i) whether they fall within the ambit of 'dealer' as ..... in the aforesaid builders case : [1989]2scr320 .8. the learned counsel mr. pandit, then relied on the definition of 'sale' as defined in section 2(1)(1) of the works contracts act and contended it to be applicable to a contract of photocopying. as per the aforesaid provision, 'sale' means a transfer of property in goods (whether ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Year 2006 - Page 89 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Year: 2006 Page 89 of about 5,300 results (0.274 seconds)

Mar 02 2006 (HC)

Cit Vs. Industrlal Credit and Development Syndicate Ltd.

Court : Karnataka

Decided on : Mar-02-2006

Reported in : (2006)203CTR(Kar)413

..... year under consideration. the benefit received by the assessee by appropriation of this amount to its p&l; a/c is definitely a benefit convertible into money. section 28(iv) of the act will squarely apply to such benefit.12. therefore, it is clear that in the aforesaid case the assessee had really received those amounts which were not claimed back ..... the rate of 6 per cent per annum for 10 years being the period of contract and he never got deduction for payment of interest under section 36(1)(iii) or under section 37 of the act and the said loan was waived. in that context, assessing officer held that credits became part of business income and prior to such waiver ..... rebate or remission he is benefited to the extent of the rebate or remission.9.1 next, reliance was placed by the revenue to substantiate their contention on section 41(1) of the act which reads as hereunder :'41(1) where an allowance or deduction has been made in the assessment for any year in respect of loss, expenditure or .....

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Mar 02 2006 (TRI)

B.V. Ramachandrappa Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT

Decided on : Mar-02-2006

Reported in : (2006)(3)SLJ52CAT

..... and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section. (v) the above provision of the act applies to all government servants who have acquired a disability during the service whereas in this case the applicant acquired the disability in the ..... bound by law to continue him in service even by creating supernumerary posts till his date of superannuation. we reproduce below section 47 of persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995. (1) no establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his ..... duties. (vi) it was admitted at the bar by the counsel for the respondents that the respondents are not unaware of the provisions of the act and there are instances where supernumerary posts have been created in higher pay scales to accommodate officers who have acquired locomotor disability during the course of .....

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Mar 02 2006 (TRI)

Dr. T.N. Raghunath and Smt. Vs. Lake Side Medical Centre Private

Court : Company Law Board CLB

Decided on : Mar-02-2006

Reported in : (2007)137CompCas741

..... of the total number of members of the company, apart from constituting one-tenth of the total number of members, thereby satisfying the requirements of section 399 of the act. while according to the petitioners, the shareholding among various groups of members in the company has been identical to the profit sharing ratio maintained from ..... . ltd. v.naini oxygen and acetylene gas ltd. (supra) dealing with different situations, are of little assistance to the petitioners. by virtue of section 9 and section 10 of the hindu succession act, 1956, as rightly pointed out by shri nandakumar, learned counsel, the shares held by dr.balaram, upon his demise, devolved upon his legal heirs ..... transfer of 500 shares of the deceased dr. balaram constitute 17% of the issued and paid up capital of the company, satisfying the requirement of section 399 of the act.moreover, the legal representatives of a deceased member whose name is in the register of members are entitled to maintain a petition in respect of .....

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Mar 03 2006 (HC)

Nusli Neville Wadia Vs. New India Assurance Co. Ltd. and anr.

Court : Mumbai

Decided on : Mar-03-2006

Reported in : 2006(4)BomCR345; 2006(3)MhLj713

..... petition cannot be rejected on the ground that the orders impugned are interlocutory and procedural in nature, or that later an appeal can be preferred under section 9 of the said act, as the impugned direction of respondent no. 2 is patently contrary to the said 2002 statutory guidelines, as the petitioner is a genuine and lawful ..... and also that there was overwhelming public interest to benefit crores of policy holders. if that be so, all the aforesaid three criteria contained in section 21 of lic act have been complied with, then the said guidelines will have to have statutory force. we do not find any substance in the argument of mr. ..... counsel appearing for the petitioner has brought to our notice that the respondent no. 1 is a company formed under the general insurance business (nationalisation) act, 1972 and he pointed out section 23 therein, which reads as under:--power of central government to issue directions:-- the corporation and every acquiring company shall, in the discharge of .....

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Mar 03 2006 (HC)

Dilip @ Bhola Vs. the State of Rajasthan Through P.P.

Court : Rajasthan

Decided on : Mar-03-2006

Reported in : II(2006)DMC300; RLW2006(3)Raj2115; 2006(2)WLC743

..... as to bring it within the purview of 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b ipc are pressed into service. the prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only ..... no definite period has been indicated and the expression 'soon before' is not defined. a reference to the expression 'soon before' used in section 114 illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after the theft is ..... it was held that firstly the burden lies on the prosecution to prove the husband's guilt beyond reasonable doubt before assuming presumption against him under section 113-b of the evidence act.9. learned public prosecutor, on the other hand, contended that the learned trial court has considered the oral and documentary evidence and rightly convicted and .....

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Mar 03 2006 (HC)

Sushant T. Karwarkar Vs. Mormugao Port Trust and anr.

Court : Mumbai

Decided on : Mar-03-2006

Reported in : 2006(3)ALLMR493; 2006(2)BomCR915; [2006(110)FLR905]

..... the same being contrary to law cannot create any legal right in favour of the petitioner/s and, therefore, the petition is liable to be dismissed.13. section 4(1)(b) of the act provides that all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done, with or for the dock ..... shall cease to have effect in relation to the major ports with effect from the date specified in the notification. there is no dispute that pursuant to section 3 of the act and as contemplated therein a settlement dated 4-2-1998 was arrived at and in terms thereof and by virtue of notification dated 17-3-1998. and w ..... the mdlb which the respondent m.p.t. is bound to follow. in our view this contention is misplaced. the act does not define the expression obligation which appears in clause (b) of sub-section (1) of section 4 of the act. the expression 'obligation' as per black's law dictionary is a generic word derived from the latin substantive 'obligation' .....

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Mar 03 2006 (HC)

Kay Kay Embroideries Pvt. Ltd. Represented by Mr. Kishore R. Jagasia V ...

Court : Mumbai

Decided on : Mar-03-2006

Reported in : 2006(3)BomCR66; (2006)IIILLJ824Bom

..... working with the permission of, or under agreement with the employer or contractor; but does not include the members of an employer's family'. section 3(1) of the act empowers the state government to frame a scheme for the purpose of ensuring an adequate supply and full and proper utilization of unprotected workers in ..... other work including work preparatory or incidental to such operations carried on by workers not covered by any other entries in this schedule.' section 21 of the act provides that nothing in the act shall affect any rights or privileges, which any registered unprotected worker employed in any scheduled employment is entitled to, on the date ..... . the expression 'scheduled employment', it may be noted, means any employment specified in the schedule to the act or any process or branch of work forming part of such employment (section 2(9)). sub-section (2) of section 3 elaborates various aspects that can be provided for by the scheme. among them, a scheme can provide .....

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Mar 03 2006 (HC)

Antewerpse Diamant Bank N.V. Vs. Kamal and Co.

Court : Mumbai

Decided on : Mar-03-2006

Reported in : [2007]138CompCas966(Bom)

..... the learned judge was perfectly right in making this observation. if we read the definition of 'bill of exchange payable on demand' as given in section 2(3) of the act it may be somewhat surprising to discover that the expression 'bill of exchange payable on demand' may, literally speaking be quite often a misnomer, for the instruments ..... hundi is made payable on a future stated period or date, the hundi falls within the definition of 'bill of exchange payable on demand', as given in section 2(3) of the act. he took special note of the error committed by the trial judge in not treating the hundi in that case to be a 'bill of exchange payable on ..... merely on the ground that its payment had been postponed to a future date. in this context, the learned judge called special attention to the provisions of section 2(3)(b) of the act and pointed out that the said provisions give an extended meaning to the expression 'bill of exchange payable on demand'. if i may say so with respect .....

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Mar 03 2006 (HC)

Union of India (Uoi) Vs. Arvind Shivlal Soni and anr.

Court : Gujarat

Decided on : Mar-03-2006

Reported in : (2006)3GLR1993

..... property at shop no. 81 at shethni pole, ratanpole, ahmedabad as illegally acquired property and therefore, order its forfeiture to the central government free from all encumbrances under section 7(3) of the act. as out of the total cost of rs. 40,000 the ap could explain the source of rs. 32,500 only which is more than 50% of the ..... total cost, under the provisions of section 9 of the act, i give an option to pay a fine of rs. 9,000 (rupees nine thousand only) i.e. a fine equal to one and one fifth times of ..... 30 days from the date of receipt of this order failing which the same shall stand forfeited to the central government free from all encumbrances under the provisions of the act. on failure to redeem the forfeited property within the stipulated period of 30 days the ap shall surrender the same to the inspecting officer, safema/ndpsa, office of the competent .....

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Mar 03 2006 (HC)

Commissioner of Sales Tax Vs. Hari and Company

Court : Mumbai

Decided on : Mar-03-2006

Reported in : [2006]148STC92(Bom)

..... contract, the state cannot impose sales tax on a works contract simplidter in the guise of the expanded definition found in article 366(29a)(b) read with section 2(n) of the state act.22. mr. joshi, pointed out that the rainbow colour lab case : 2000ecr771(sc) construed making photographic prints as a service contract. mr. joshi, ..... art work and taking out duplicate copies by photocopying. on june 10, 1988 an application was made by the respondents under section 52 of the bombay sales tax act, 1959 read with section 9 of the works contract act to the additional commissioner of sales tax to decide three questions:(i) whether they fall within the ambit of 'dealer' as ..... in the aforesaid builders case : [1989]2scr320 .8. the learned counsel mr. pandit, then relied on the definition of 'sale' as defined in section 2(1)(1) of the works contracts act and contended it to be applicable to a contract of photocopying. as per the aforesaid provision, 'sale' means a transfer of property in goods (whether .....

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