Array ( [0] => ..... in transit of animals or goods delivered to the administration to be carried by railway arising from any cause except the acts enumerated in the section i.e. (a) act of god; (b) act of war; (c) act of public enemies; (d) arrest, restraint or seizure under the legal process; (e) orders or restrictions imposed ..... of transit.(3) notwithstanding anything contained in the foregoing provisions of this section, a railway administration shall not be responsible for the loss, destruction damage, deterioration or non delivery of the goods mentioned in the second schedule, animals and explosives and other dangerous goods carried by railway, after the termination of transit.( ..... 4) nothing in the foregoing provisions of this section shall relieve the owner of animals or goods from liability to any demurrage or wharfage for ..... [1] => ..... was originally incorporated on 21-8-1962 under the companies act, 1956 under the name narendra explosives limited, which was subsequently changed as bharat explosives limited, by duly passing the special resolution on 30-9-1986 in terms of section 21 of the companies act, 1956 and obtaining the necessary fresh certificate of information ..... of the proposed scheme of amalgamation as per the requirements of section 391(1) and (2) read with section 393 of the companies act, 1956.69. in the circumstances, it is ordered as follows:upon the application of the company bharat explosives limited (hereinafter referred to as 'the transferee company') having its ..... orders.p. mehrotra, j.1. the present company application has been filed under section 391(1) read with section 394 of the companies act, 1956 by m/s. bharat explosives limited, a public limited company incorporated under the provisions of the companies act, 1956, having its registered office at 9 k.m. lalitpur jhansi road, lalitpur ..... [2] => ..... be deemed to have been granted under the rule. this rule cannot be read in isolation. to appreciate it, it is necessary to examine in brief, scheme of the act. section 3 empowers the state government to declare any land within a distance of four hundred and forty yards from the centre of any road to be controlled area. the effect ..... he purchased a land on 30.5.1986 by registered sale deed on tilhar road. he was granted licence on 14.7.1986 by the government of india, department of explosives for construction of godowns for storage of lpg on 5.7.1986. the municipal board sanctioned the map of the petitioner for construction of show room and godown. the petitioner ..... 14. we have examined the application dated 16.7.1986 filed as annexure-3 to the petition. we find that the application of the petitioner filed under section 6 (1) of the act was not in the prescribed form as mentioned in the first schedule nor the documents required to be filed along with the application had been submitted by the ..... [3] => ..... specified in columns (2) and (3) of category i or category iii (a), schedule i to the arms rules, 1962, in a notified area, he shall be guilty of terrorist act. section 4(b) is not relevant for our purposes in the facts of this case.5. there is no recovery from the possession of present appellant. a charge-sheet has already ..... not to be considered for a period of 12 months. there are following categories of cases defined by this act, (a) terrorist activities, (b) possession of unauthorised arms or ammunition in any notified area, and (c) possession of bombs, dynamite or hazardous explosive substances or other lethal weapons capable of mass destruction or biological or chemical substances of warfare in any area ..... [4] => ..... which is ordinarily part of the industry, the owner of such industry.however, the labour court did not notice the definition of clause of the act. section 2(i)(b) of the act provides as under;a workman shall be deemed to be employed as 'contract labour' in or in connection with the work of an establishment when ..... of petitioner who are contractors under the provisions of contract labour (regulation and abolition) act, 1970.12. question which bas sought to be raised has already been answered by this court in civil misc. writ petition no. 15399 of 1988 (indian explosives ltd. v. state of u.p.) alongwith bunch of writ petition and therein precise ..... view has been taken that contract labour (regulation and abolition) act, 1970 has take away from the state government, authority to refer industrial dispute related to employments ..... [5] => ..... it are erroneous and against law and they do not constitute 'misconduct' on the part of umpire on which award could legally have been set aside. section 30 of the arbitration act, 1940 provides that an award shall not be set aside except on one or more of the following grounds, namely :(a) that an arbitrator or ..... in the said schedule, or any part of such property, be destroyed or damaged by : (1) fire including fire resulting from explosion ;(2) lightning ;(3) explosion of boiler used for domestic purposes only ;(4) explosion of gas used for domestic purposes only or for lighting or heating in a building not forming part of any gas works ;at ..... reinstatement or replacement of the property destroyed. it cannot be disputed that an arbitrator or for that matter an umpire is the creature of the agreement and he cannot act arbitrarily, irrationally, capriciously and independently of the contract. he has to function within the periphery of the contract and if he travels beyond its bounds, it will ..... [6] => ..... 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 ..... [7] => ..... was the provision under section 166 of the motor vehicles act. in the absence of section 163a of the act and the schedule ii, which contains only the guidelines, the motor accident claims tribunal proceeded with the claim petition treating the same ..... as a senior teacher in kendriya vidyalaya, air force, station hindon, ghaziabad.4. it may be noticed that the death had occurred in the accident caused by the explosion of bomb in the bus. the tribunal drew ample support for its conclusion from the observations made in the case of samir chand v. m. d., assam state ..... 4.1996. the claim petition, however, had been filed in the year 2000. during the pendency of the claim petition, the amendment became effective and section 163a of the motor vehicles act itself was deleted. the effect was that by the date of the judgment/award, the only provision under which the claim petition could be continued, ..... [8] => ..... 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 ..... [9] => ..... condition precedent for grant of licence, which otherwise, the state legislature is incompetent to do so. the government of india in exercise of its power under section 16 of the act and rule 4 of the arms rules framed thereunder have prescribed fee for grant of licence for arms to individual and to dealers also. according to the ..... with qualifications, enrolment, right to practice and discipline of the advocates. the fee of rs. 250 which an advocate must pay under the provisions of section 24(f) of the act is covered by entry 96 in list 1, which expressly relates to fees in respect of any of the matters in that list, the stamp duty, ..... list' over which the parliament has exclusive legislative competence. entry-5 of the aforesaid union list covers 'arms, fire-arms, ammunitions and explosives.' it is contended that the parliament has enacted the arms act, 1959 which is applicable to entire country and no state legislature has jurisdiction to enact any law pertaining to the aforesaid entry. the ..... [10] => ..... as the award given by motor accident claims tribunal is less than rs.10,000/- so in view of the embargo as given in sub-section (2) of section 173 of the motor vehicles act , appeal is not maintainable. in these circumstances the only remedy which is left to open for the revisionist/insurance company to challenge the award ..... court or a district judge or qualified for appointment as a judge of high court or as a district judge are eligible for appointment under section 165(3) of the motor vehicles act. the above provisions obviously provides for appointment of a person well-versed with the judicial functioning as well as sufficient experience of working in the ..... 16 of 2008 or not? 7. in order to decide the said controversy, it is appropriate to go through section 173 of the motor vehicles act, 1988. the said section reads as under:- "173 appeals- (1) subject to the provisions of sub-section(2), any person aggrieved by an award of a claims tribunal, may , within ninety days from the date ..... [11] => ..... trailers to transport agricultural materials. agricultural tractor is a non transport vehicle." 6. accordingly, he submitted that taking into consideration the above said rule as well as section section 147 (1)(b)(ii) of the act, quoted herein below:- "147. requirements of policies and limits of liability- (1) (b)(ii) - against the death of or bodily injury to any ..... vehicles which are subject-matter of insurance are dealt with in chapter viii of the old act and chapter xi of the act. proviso to section 147 of the act (sic) is to be (sic) with section 96 of the old act. proviso to section 147 of the act reads as follows: 'provided that a policy shall not be required (i) to cover ..... that "for a death and injury to a passenger in a tractor, the insurance company could not be made liable, for, there exists no obligation under section 147 of mv act to cover the risk for a person who was traveling in a vehicle which was not fit to carry passengers. the issue of whether the insurance company could ..... [12] => ..... sales incentive plan, the assessee submitted that during the assessment year no incentive had been paid. the assessing officer, while completing the assessment under section 143(3) of the act, passed an order dated 21 february 2006. the assessing officer noted that the assessee had claimed depreciation in the income and expenditure account and ultimately ..... had shown a loss of rs.38.86 lacs. depreciation under section 32(1) of the act was claimed in respect of assets used for the purpose of business activities. the assessing officer recorded the statement of the chief representative officer ..... assessing officer, the cit (a) and by the tribunal: (a) the certificate of registration which has been issued by the registrar of companies under section 591 of the companies act, 1956, it is urged, is given to any office established by a foreign company in india, irrespective of the nature of the activity; (b) ..... [13] => ..... vide order dated 9.5.2000 by special/anti corruption in criminal case no. 3/1993 under section 120-b, 420, 419, 467, 468 i.p.c. and sections 13(2), 13(1) of prevention of corruption act. the petitioner preferred criminal appeal no. 482 of 2000 against his conviction and the court finally allowed ..... and a character of uncorrupted virtue. it is synonymous with probity, purity, uprightness, rectitude, singlessness and sincerity. the charge of negligence, inadvertence or unintentional acts would not culminate into the case of doubtful integrity." the petitioner has misutilized the funds of the bank for personal gain as the petitioner had not created ..... ahmed's case (supra) referred to the definition of misconduct in stroud's judicial dictionary which is as under:- "misconduct means, misconduct arising from ill motive; acts of negligence, errors or judgment, or innocent mistake, do not constitute such misconduct." supreme court in rasiklal vaghajibhai patel case (supra) held that it is necessary ..... [14] => ..... the assessing officer. the supreme court in rajesh jhaveri stock brokers (p.) ltd. case (supra)clearly held that the expression "reason to believe" in section 147 of the act would mean cause of justification to know that income had escaped assessment. at the stage of issue of notice, the only question is, whether there was ..... the opinion and belief of the assessing officer is a condition precedent and without such formation, the assessing officer would not have any jurisdiction to proceed further under section 148 of the act. 15. in rajesh jhaveri stock brokers (p.) ltd. case (supra) the supreme court held that the expression "reason to believe" means cause or ..... disclosed in the return but had escaped taxation could not be assessed in block proceedings and that the same could be done in proceeding initiated under section 148 of the act. the learned counsel for the department further submitted that where the transaction itself on the basis of subsequent information was found to be a bogus ..... [15] => ..... general of the high court is obviously in relation to the provisions of the rules framed by this court in exercise of powers conferred by section 34 of the advocates act, 1961. section 34(1) stipulates that the high court may make rules laying down the conditions subject to which an advocate shall be permitted to practise ..... bar association, have to be read in a manner in conformity with the rules which have been framed by this court in pursuance of the provisions of section 34 of the advocates act, 1961. hence, we are of the view that the following directions are required in the interests of justice. we accordingly, issue the following directions: ..... of the chief justice. in interpreting the provisions of the rules, a harmonious and purposive interpretation must be placed, consistent with the provisions of section 34(1) of the advocates act, 1961 and the rules which have been framed thereunder. the allahabad high court is a chartered high court with a distinctive history and traditions. ..... [16] => ..... forward loss relates to such business, which was not carried on during the year under consideration in view of the proviso to clause (i) of sub section (i) of section 72 of the act. against the assessment order, the assessee filed an appeal before the commissioner, income tax (appeal) which has been rejected. the assessee filed second appeal ..... the nature of business but the unit of control and common management? (2) whether in view of the proviso to clause (i) of sub section (1) of section 72 of the act, the tribunal is justified in holding that the assessee is entitled to claim of set off of past losses against the income of the current assessment ..... there was unity of control and common management. sri rk upadhayay, learned counsel for the appellant submitted that carried forward loss is allowable under section 72 of the act. the proviso of sub-section 72 says that business or profession for which the loss was originally computed continued to be carried on by him in the previous year ..... [17] => ..... the nature of mandamus commanding the respondents to ensure the restriction on publication and dissemination of results of opinion and exit polls imposed by section 126-a of representation of the people act, 1951 during the current general election of 2014 from the beginning of the hours fixed for poll on the first day of poll and ..... part of the notification reads as follows: "now, therefore, in exercise of the powers under sub-section (1) of section 126a of the r.p. act, 1951, the election commission, having regard to the provisions of sub-section (2) of the said section, hereby notifies the period between 7.00 am on 07th april 2014 (monday) and 06.30 p ..... after closing of the poll in all the states and union territories." 2. section 126-a and section 126-b of the representation of the people act, 1951 were introduced by act 41 of 2009, which was brought into force with effect from 1 february 2010. section 126-a provides as follows: "126-a. restriction on publication and dissemination ..... [18] => ..... provides for special procedure for assessment of the block period in respect of the undisclosed income, as a result of search conducted under section 132 or requisition made under section 132a of the act. section 158ba opening with non-obstante clause mandates a.o. to assess the undisclosed income, where search has been initiated after june 30th, 1995 ..... it does not fall within the purview of evidence found as a result of search and cannot be basis for the determination of undisclosed income under section 158bb of the act. in support of the aforesaid view, it would be appropriate to refer some decisions of the various high courts, which are referred herein below: ..... search and could not be made basis for the computation of undisclosed income for the purposes of levy of assessment under section 158bc of the act. the tribunal held that section 158 bc of the act provides for computation of undisclosed income of the block period. it provides that the undisclosed income of the block period shall ..... [19] => ..... , committed; (d) exercise such other powers as may be necessary for carrying out the purposes of this chapter or any rules made thereunder." 11. section 33 (1) of the act of 1940 empowers the central government to make rules for the purposes of giving effect to the provisions of chapter iv which deals with the manufacture, sale ..... of inspector of drugs must possess such qualifications as have been prescribed under the rules made by central government in accordance with the provisions contained in section 21 of drugs and cosmetics act, 1940." rule 20 provides for the substantive appointment of a person to a post in the service on probation for two years. rule 21 ..... the post of inspector of drugs, those which have been prescribed in the rules made by the central government in accordance with the provisions of section 21 of the drugs and cosmetics act, 1940. hence, the qualifications which are prescribed in rule 49 of the central rules are incorporated for the recruitment of candidates as drug ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Allahabad - Page 3 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: allahabad Page 3 of about 10,571 results (0.083 seconds)

Feb 10 2005 (HC)

The Union of India (Uoi) - Through the General Manager, Northern Railw ...

Court : Allahabad

Reported in : II(2005)ACC534; 2005(3)AWC2656

..... in transit of animals or goods delivered to the administration to be carried by railway arising from any cause except the acts enumerated in the section i.e. (a) act of god; (b) act of war; (c) act of public enemies; (d) arrest, restraint or seizure under the legal process; (e) orders or restrictions imposed ..... of transit.(3) notwithstanding anything contained in the foregoing provisions of this section, a railway administration shall not be responsible for the loss, destruction damage, deterioration or non delivery of the goods mentioned in the second schedule, animals and explosives and other dangerous goods carried by railway, after the termination of transit.( ..... 4) nothing in the foregoing provisions of this section shall relieve the owner of animals or goods from liability to any demurrage or wharfage for .....

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Apr 06 2004 (HC)

In Re: Bharat Explosives Ltd.

Court : Allahabad

Reported in : [2005]58SCL370(All)

..... was originally incorporated on 21-8-1962 under the companies act, 1956 under the name narendra explosives limited, which was subsequently changed as bharat explosives limited, by duly passing the special resolution on 30-9-1986 in terms of section 21 of the companies act, 1956 and obtaining the necessary fresh certificate of information ..... of the proposed scheme of amalgamation as per the requirements of section 391(1) and (2) read with section 393 of the companies act, 1956.69. in the circumstances, it is ordered as follows:upon the application of the company bharat explosives limited (hereinafter referred to as 'the transferee company') having its ..... orders.p. mehrotra, j.1. the present company application has been filed under section 391(1) read with section 394 of the companies act, 1956 by m/s. bharat explosives limited, a public limited company incorporated under the provisions of the companies act, 1956, having its registered office at 9 k.m. lalitpur jhansi road, lalitpur .....

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Mar 03 2004 (HC)

Ashok Kumar Singh Vs. Collector

Court : Allahabad

Reported in : AIR2004All234; 2004(2)AWC1729

..... be deemed to have been granted under the rule. this rule cannot be read in isolation. to appreciate it, it is necessary to examine in brief, scheme of the act. section 3 empowers the state government to declare any land within a distance of four hundred and forty yards from the centre of any road to be controlled area. the effect ..... he purchased a land on 30.5.1986 by registered sale deed on tilhar road. he was granted licence on 14.7.1986 by the government of india, department of explosives for construction of godowns for storage of lpg on 5.7.1986. the municipal board sanctioned the map of the petitioner for construction of show room and godown. the petitioner ..... 14. we have examined the application dated 16.7.1986 filed as annexure-3 to the petition. we find that the application of the petitioner filed under section 6 (1) of the act was not in the prescribed form as mentioned in the first schedule nor the documents required to be filed along with the application had been submitted by the .....

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Feb 24 2004 (HC)

Akshay Pratap Singh Alias Gopalji Vs. State of U.P.

Court : Allahabad

Reported in : 2004CriLJ3918

..... specified in columns (2) and (3) of category i or category iii (a), schedule i to the arms rules, 1962, in a notified area, he shall be guilty of terrorist act. section 4(b) is not relevant for our purposes in the facts of this case.5. there is no recovery from the possession of present appellant. a charge-sheet has already ..... not to be considered for a period of 12 months. there are following categories of cases defined by this act, (a) terrorist activities, (b) possession of unauthorised arms or ammunition in any notified area, and (c) possession of bombs, dynamite or hazardous explosive substances or other lethal weapons capable of mass destruction or biological or chemical substances of warfare in any area .....

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Jan 29 2004 (HC)

Pashupati Singh and Co. Vs. Presiding Officer, Industrial Tribunal (i) ...

Court : Allahabad

Reported in : [2005(106)FLR661]

..... which is ordinarily part of the industry, the owner of such industry.however, the labour court did not notice the definition of clause of the act. section 2(i)(b) of the act provides as under;a workman shall be deemed to be employed as 'contract labour' in or in connection with the work of an establishment when ..... of petitioner who are contractors under the provisions of contract labour (regulation and abolition) act, 1970.12. question which bas sought to be raised has already been answered by this court in civil misc. writ petition no. 15399 of 1988 (indian explosives ltd. v. state of u.p.) alongwith bunch of writ petition and therein precise ..... view has been taken that contract labour (regulation and abolition) act, 1970 has take away from the state government, authority to refer industrial dispute related to employments .....

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Jan 22 2004 (HC)

Vishnu Bhagwan Agrawal and anr. Vs. National Insurance Company Ltd. an ...

Court : Allahabad

Reported in : 2004(3)AWC1969

..... it are erroneous and against law and they do not constitute 'misconduct' on the part of umpire on which award could legally have been set aside. section 30 of the arbitration act, 1940 provides that an award shall not be set aside except on one or more of the following grounds, namely :(a) that an arbitrator or ..... in the said schedule, or any part of such property, be destroyed or damaged by : (1) fire including fire resulting from explosion ;(2) lightning ;(3) explosion of boiler used for domestic purposes only ;(4) explosion of gas used for domestic purposes only or for lighting or heating in a building not forming part of any gas works ;at ..... reinstatement or replacement of the property destroyed. it cannot be disputed that an arbitrator or for that matter an umpire is the creature of the agreement and he cannot act arbitrarily, irrationally, capriciously and independently of the contract. he has to function within the periphery of the contract and if he travels beyond its bounds, it will .....

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Aug 08 2003 (HC)

United India Insurance Co. Ltd. Vs. Astarul Nissa and ors.

Court : Allahabad

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 .....

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Apr 09 2003 (HC)

U.P. State Road Transport Corporation Vs. Smt. Madhu Sharma and ors.

Court : Allahabad

Reported in : III(2003)ACC717; 2003(4)AWC2620

..... was the provision under section 166 of the motor vehicles act. in the absence of section 163a of the act and the schedule ii, which contains only the guidelines, the motor accident claims tribunal proceeded with the claim petition treating the same ..... as a senior teacher in kendriya vidyalaya, air force, station hindon, ghaziabad.4. it may be noticed that the death had occurred in the accident caused by the explosion of bomb in the bus. the tribunal drew ample support for its conclusion from the observations made in the case of samir chand v. m. d., assam state ..... 4.1996. the claim petition, however, had been filed in the year 2000. during the pendency of the claim petition, the amendment became effective and section 163a of the motor vehicles act itself was deleted. the effect was that by the date of the judgment/award, the only provision under which the claim petition could be continued, .....

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Apr 04 2003 (HC)

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

Court : Allahabad

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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Dec 13 2002 (HC)

Naveen Gun House and ors. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR2003All187; 2003(2)AWC894; (2003)1UPLBEC709

..... condition precedent for grant of licence, which otherwise, the state legislature is incompetent to do so. the government of india in exercise of its power under section 16 of the act and rule 4 of the arms rules framed thereunder have prescribed fee for grant of licence for arms to individual and to dealers also. according to the ..... with qualifications, enrolment, right to practice and discipline of the advocates. the fee of rs. 250 which an advocate must pay under the provisions of section 24(f) of the act is covered by entry 96 in list 1, which expressly relates to fees in respect of any of the matters in that list, the stamp duty, ..... list' over which the parliament has exclusive legislative competence. entry-5 of the aforesaid union list covers 'arms, fire-arms, ammunitions and explosives.' it is contended that the parliament has enacted the arms act, 1959 which is applicable to entire country and no state legislature has jurisdiction to enact any law pertaining to the aforesaid entry. the .....

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