Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Year: 2006 Page 97 of about 5,300 results (0.128 seconds)

Kay and Others and Another (Fc) (Appellants) Vs. London Borough of Lam ...

Court : House of Lords

..... , when judicially reviewed, to be arbitrary, unreasonable or disproportionate. the decision could not be held in the county court to be an unlawful act within the meaning of section 6 of the 1998 act: see section 6(2)(b). the fact that the question of incompatibility that was raised in connors was not capable, under the domestic system, of being ..... make the order, or it is satisfied that suitable alternative accommodation will be available and it is also reasonable to make the order: see section 84(2) of the 1985 act and section 16 of the 2001 act. 74. the hearings on this issue are, for the most part, brief and to the point. they are often unopposed, although an ..... is for these questions to be resolved in the high court. 59. the human rights challenge may take a different form. a local authority is obliged by section 6 to act compatibly with convention rights. the defendant's contention may be that the local authority's exercise of its power to seek a possession order is, in the circumstances .....

Janardhanan Vs. C.V. Narayani and ors.

Court : Kerala

Reported in : 2008(1)KLJ245

..... such discretion in favour of the decree holder and to allow him interest also by way of damages at the rate of 6%.the definition of mesne profits in section 2(12) of code of civil procedure was the same while the full bench in ouseph's case (supra) considered the aforesaid question.8. learned counsel for ..... the decree by adding a provision for interest on the amount decreed by way of mesne profits. the definition of 'mesne profits' as contained in clause 12 of section 2 of code of civil procedure will not warrant the assumption of such jurisdiction by the executing court. the definition states that 'mesne profits' of property means those ..... he is entitled to get interest on the amounts fixed by the court. learned counsel submitted that 'mesne profits' as defined in section 2(12) of code of civil procedure includes interest on such profits. section 2(12) defines mesne profits thus:'mesne profits' of property means those profits which the person in wrongful possession of such property .....

Puma Ayurvedic Herbal (P) Ltd. Vs. Commissioner, Central Excise, Nagpu ...

Court : Supreme Court of India

Reported in : AIR2006SC1561; 2006(196)ELT3(SC); JT2006(3)SC354; 2006(3)SCALE141; (2006)3SCC266; [2006]145STC200(SC)

..... function of the medicine is derived from the active ingredients contained therein and it has certainly a bearing on the determination of classification under the central excise act. as held in amruthanjancase, the mere fact that the ingredients are purified or added with some preservatives does not really alter their character.13. in ..... shishu rakshan tel11. (xxvii)puma neem tulsi2. the appellant has a licence to manufacture these and other products from the drug controller under the drugs and cosmetics act. according to the learned counsel for the appellant all the above items are produced from ingredients found in ayurveda text books. they are manufactured as per the ..... appellant fall within the category of medicaments or cosmetics. answer to this question determines as to whether the goods are classifiable under the central excise tariff act, 1985 as cosmetics under chapter 33 or as medicaments under chapter 30. as cosmetics the rate of excise duty is quite high while as medicament the .....

Krishna Communication (Outdoor) Vs. Gujarat State Road Transport Corpo ...

Court : Gujarat

Reported in : (2006)3GLR1831

..... cancelled when the highest offer of the petitioner was only rs. 10.86 crores. when nit of january 2006 brought highest tender of rs. 13.12 crores (approx.), the corporation acted in accordance with the instructions of the central vigilance commissioner by calling only the highest tenderer for negotiations so as to receive more than rs. 14 crores. hence, there would ..... court of appeal but merely reviews the manner in which the decision was taken. even so, if the corporation has itself adopted a particular method of processing the tenders and acts without disclosing such method in the tender notice, the action could suffer from the vice of arbitrariness or at least unfairness as held in dutta associates pvt. ltd. v. indo .....

Arun Kumar Alva S/O Late H. Santa Alva Vs. the Vijaya Bank (a Governme ...

Court : Karnataka

Reported in : 2006(3)KarLJ610; (2006)IIILLJ385Kant

..... . the respondent - bank alter consultation with the central vigilance commission advised the disciplinary authority to impose a major penalty of dismissal of petitioner from bank's service. the disciplinary authority acting on the advise of the respondent - bank levied a penalty of dismissal from service. this material on record establishes that the disciplinary authority has not taken an independent decision to ..... that the respondent - bank dropped the enquiry proceedings against the seven employees referred to above on the condition that they will depose against the petitioner in the enquiry proceedings. this act of quid-pro-quo on the part of the respondent - bank is a clear case of victimisation of the petitioner.20. the two customers of the respondent - bank by name .....

New India Assurance Company Limited Vs. Chandigarh Travels

Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh

..... tribunals in interpreting the policy conditions would apply the rule of main purpose and the concept of fundamental breach to allow defence available to the insured under section 149(2) of the act. 18. sh. manjinder singh, owner of the bus had sworn affidavit dated 8.4.2003 in which he stated that the driving licence of gurjit ..... ), observed as under: (iii) the breach of policy condition e.g., disqualification of driver or invalid driving licence of the driver, as contained in sub-section (2)(a)(ii) of section 149, have to be proved to have been committed by the insured for avoiding liability by the insurer. mere absence, fake or invalid driving licence or disqualification ..... them is valid or not. thus, where the owner has satisfied himself that the driver has a licence and is driving competently there would be no breach of section 149(2)(a)(ii). the insurance company would not then be absolved of liability. if it ultimately turns out that the licence was fake the insurance company would .....

Radhey Shyam Ratanlal and Shri Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2006)(104)ECC495

..... law journal n.o.c. 67), it was held that a noticee cannot claim a right to cross-examine under section 124 of the said act.6. the case of the appellant that under the contract dated 23.11.2000 their suppliers m/s. ketan trading co ..... for sale, for delivery at the time and place of importation in the course of international trade, as contemplated by section 14 of the act. it was submitted that there was ample evidence on record to show that the value reflected in the so-called contract ..... 26.3.2001.2.1 mr. dhanraj golcha, proprietor of m/s. balajee overseas in his statement recorded under section 108 of the said act admitted that the cloves imported by them at the re-negotiated price of us$ 5400 pmt were declared by them ..... 10 lacs (rupees ten lakhs only) was also imposed on the appellant firm of m/s. radhey shyam ratanlal under section 112(a) of the said act.2. the goods in question were cloves of madagascar, zanzibar, indonesia and cameroon origin. documents received from custom houses during .....

N.K. Giriraja Shetty, Major S/O Late K.S. Narasimha Setty Represented ...

Court : Karnataka

Reported in : AIR2006Kant180; ILR2006KAR1692; 2006(3)KarLJ1

..... to a decision reported in air 1951 orissa 291 head note - a (rajkishor mohanty and anr. v. banabehari patnaik and ors.):(a) contract act (1872) section 29 contract void for uncertainty - contract act (1872), sections 46 & 49.where a written contract for sale of land is silent about the price & the time for performance, the contract is not void ..... what is reasonable time.35. it is true that the contract is not void for uncertainty if it can be made certain within the meaning of section 29 of the contract act. as reiterated earlier and found from the evidence, we are not able to ascertain as to whether the contract in question is required to be enforced ..... the decisions reported in air 1959 mysore 148 : air1930mad770 , air 1972 calcutta 12 head note k3' and he also relied on the provisions of sections 68 and 73 of the evidence act to show that the agreement is certain, ascertainable and enforceable. learned senior counsel also relied on the paragraphs from 'fry on specific performance' to submit .....

Bhagwana Singh and ors. Vs. Gaon Sabha Village Paijaniya

Court : Allahabad

Reported in : 2006(2)AWC1684

..... sabha which seeks for the eviction and dispossession. the suit for declaration of title by the aggrieved party is very much permissible under sub-section (4d) of section 122b of the act before a competent court. but then for the purposes of finding out if the petitioners-plaintiffs have a prima facie case for grant of ..... the property since 1970. this possession of land held by the plaintiffs, was subject of challenge by the respondent-gaon sabha in the proceeding under section 122b of the act in which the eviction orders have been passed by the assistant collector and the revision of the petitioners has also been dismissed by the collector. therefore ..... be wholly irrelevant, beyond jurisdiction and illegal. the argument of the learned counsel for the petitioners is that the jurisdiction of the assistant collector under section 122b of the act, does not extend to an abadi land. i am surprised at the submissions itself when it is already admitted by the petitioners themselves that this .....

Ravichand Manekchand Sheth and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (2006)2GLR1567

..... personally, he is liable to be evicted from the said land. the petitioners, after having the occupancy rights under the provisions of the bombay tenancy act, including section 32r of the act, becomes an occupant of the land in question for all legal purposes. he is, therefore, entitled to convert that land for non-agricultural use ..... (1997)6scc71 , especially para 2 thereof, as under :-2. although, mr. bhasme, learned counsel appearing for the appellant took a stand that under section 63 of the act aforesaid, there should not be any discrimination amongst the agriculturists with reference to the state to which such agriculturist belongs. but according to him even without going ..... has to be exercised within a reasonable time. we are satisfied that in the facts and circumstances of the present case, the suo motu power under section 84c of the act was not exercised by the mamlatdar within a reasonable time. accordingly, the appeal is allowed the impugned orders are set aside. no costs. (emphasis .....