Array ( [0] => ..... in court or in the disciplinary proceedings. this reason equally applies to the delinquent employee is well. by merely relying upon the two outer dates as done under the limitation act, persons like that of petitioner are trying to get orders of courts and very serious charges are being quashed purely based on conjectures and surmises, that human memory is likely ..... [1] => ..... jj.), the purchaser of the equity of redemption at a sale in execution of a money decree against the mortgagors claimed to have the mortgage decree amended under section 19 of the act iv of 1938. it was contended that the application for scaling down the mortgage decree is not maintainable as a purchaser of equity of redemption will not come ..... an estate can claim the relief. the other reason given is that the estate being a charitable trust has been specifically and expressly excluded by the terms of section 3(1) of the act. as such, in the circumstances, of this case, the said decision is not helpful to support the contention of the creditor.9. now, we shall consider whether ..... to have been actually advanced, less any amount already received by a creditor in excess of the amount due to him under clause (a) of sub-section (2) of section 3 of the usurious loans act 1918'. a suit to redeem property on payment of the amount due on the mortgage is a suit in respect of a debt; and the court ..... [2] => ..... l.r. 34 cal. 451 relied on by the learned counsel for the respondents, considered the scope of the enquiry in a reference under section 18 read with section 21 of the act. the dispute therein related to the apportionment of compensation among zamindar, permanent tenants and under-tenants. in the course of the award, the ..... require that the matter be referred for the determination of the court. the non-acceptance of an award passed by the collector under section 11 of the act, as envisaged under section 18(1) of the act, could, if at all, arise between the parties thereto interested in the receipt of compensation. there is, therefore, no question of ..... , the collector should also state the grounds on which the amount of compensation was determined, on the reference to court, andthe objection contemplated under section 20(b) of the act is at the instance of persons entitled to receive payment of compensation, excepting those who have accepted or consented and without protest to receive the ..... [3] => ..... the appellant and the bank. that contractual right cannot be taken away by introducing a proviso to dtcs order. that order is traceable to section 43 of the state bank of india act. the said section does not empower passing a resolution in 1984 so as to affect retrospectively the employees who had entered into service in 1969. in other ..... employee was ignored without any justification that was held to be bad. 8. in b. s. yadav v. central bank of india : [1987]3scr165 , section 12 of the bank nationalization act was considered and the nationalization with effect from 19th july, 1969 was upheld. however, as far as the case on hand is concerned, that date is irrelevant ..... of the bank which we will deal in detail in the later part of our judgment. in exercise of the powers conferred under sub-section (1) of section 43 of the state bank of india act, 1955, the first respondent-bank determined the terms and conditions of service of officers. the revised service conditions came into force on 1st ..... [4] => ..... officer-in-charge of a police station and subject to the provisions of the code of criminal procedure. that the word 'otherwise' in sub-section (3) of section 104 of the customs act relates to the releasing of a person who has been arrested and has no reference to investment of the customs officer with all the powers which ..... r. antulay v. r. s. naik : 1984crilj647 . 15. before proceeding to consider the rival contentions put forth by either counsel let us look into section 103 of the customs act which provides for the screening or taking of x-ray of bodies of suspected persons for detecting secreted goods. sub-clause (7) thereof authorises the magistrate to order ..... (guj) wherein a division bench of the gujarat high court had taken the view that the provision to produce an arrested person before the magistrate under section 104 of the customs act would be meaningless and futile, if the magistrate did not have power of remand and directing release of such person on bail. 14. mr. rajamanickam ..... [5] => ..... stated to have been infringed. the observations of the supreme court could not he construed to say that if it is a case of a permit under section 5(4) of the act, the existing rice mill owner would have a lever to challenge the grant on the ground it has prejudicially affected his business. the observations of the supreme ..... of the constitution, its exercise is subject only to the restrictions imposed by law in the interest of the general public under art. 19(6)(i). if section 8(3)(c) of the act, which is merely regulatory is not complied with, there could be imposition of penalty, but a competitor in the business cannot seek to prevent the other, in ..... sanctioning the change in the location of the appellants' rice mill from its original site to the new site as per the provisions contained in section 8(3)(c) of the rice milling industry (regulation) act, 1958, and rejected the objection raised by the respondents.the respondents then moved a petition in the high court of mysore for a direction ..... [6] => ..... stated to have been infringed. the observations of the supreme court could not be construed to say that if it is a case of a permit under section 5(4) of the act the existing rice mill owner would have a lever to challenge the grant on the, ground it has prejudicially affected his business. the observations of the supreme ..... of the constitution, its exercise is subject only to the restrictions imposed by law in the interests of the general public under article 19(6)(i). if section 8(3)(c) of the act, which is merely regulatory is not completed with, there could be imposition of penalty, but a competitor in the business cannot seek to prevent the other, ..... the change in the location of the appellants 'rice mill from its original site to the new site' as per the provisions contained in section 8(3)(c) of the rice milling industry (regulation) act, 1958, and rejected the objection raised by the respondents.the respondents then moved a petition in the high court of mysore for a direction ..... [7] => ..... if at all to be stamped,have the character of a declaration of trustand certainly not that of a mortgage deed asdefined under s. 2(17) of the act.2. section 2(17) of the act defines mortgage deed in the following terms :--'mortgage deed : 'mortgage deed' includes every instrument whereby, for the purpose of securing money advanced, or to be ..... .'as we could see from the above definition, it is an inclusive one. mortgage, as such, stands defined under s. 58(a) of the transfer of property act, as follows -'58(a). a mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be ..... person to and in favour of another, a right over or in respect of specifiedproperty. sec. 58(a) of the transfer of property act, referes to mortgages as relating to immovable property only, while the inclusive definition in s. 2(17) of the act applies it to transfers both of movable and immovable property. with this salient exception, the ..... [8] => ..... at all to be stamped, have the character of a declaration of trust and certainly not that of a mortgage deed as defined under section 2(17) of the act. 2. section 2(17) of the act defines mortage deed in the following terms:mortgage deed: 'mortgage deed' includes every instrument whereby, for the purpose of securing money advanced, ..... loan, or an existing future debt, or the performance of an engagement which may give rise to a pecuniary liability. the definition of mortgage deed under section 29(17) of the act includes every instrument whereby, for the purpose of securing money, advanced or to be advanced, by way of loan, or an existing or a future debt ..... the discharge of the said debts. the revenue wanted to maintain that this document will fall within the definition of a mortgage deed under section 2(17) of the act attracting article 40 of the act. the respondents, on the other hand, presented the document without tendering any stamp duty, and on objections being raised that the document ..... [9] => ..... in the pronouncement referred to by us above.14. we propose to go by the plain language of section 3 of the reduction act-section 3 of the reduction act speaks about 'saving'. sub-section (1) of section 3 of the reduction act alone is relevant and by plain and unambiguous language, it contemplates that the proceedings taken under the provisions ..... l.n.j. 440, there is no advertance to the implications of sub-section (1) of section 3 of the reduction act though there is a reference to sub-section (2) of the section 3 of the reduction act. sub-section (2) of section 3 of the reduction act merely speaks about the reduced ceiling limit with effect from 15.2.1970. it ..... ors. : (1975)1mlj67 , ismail, j., as he then was, held that for proceedings commenced under the principal act namely, act 58 of 1961, the reduction act cannot be applied and therefore, section 3(14) of the amendment act by act 17 of 1970 will not apply. the same was confirmed by a division bench consisting of veeraswami, j., and s. ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Chennai - Year 1989 - Page 9 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: chennai Year: 1989 Page 9 of about 123 results (0.140 seconds)

Apr 13 1989 (HC)

K. Jayaraman Vs. Superintendent of Police, Erode and anr.

Court : Chennai

Decided on : Apr-13-1989

Reported in : (1991)IILLJ5Mad

..... in court or in the disciplinary proceedings. this reason equally applies to the delinquent employee is well. by merely relying upon the two outer dates as done under the limitation act, persons like that of petitioner are trying to get orders of courts and very serious charges are being quashed purely based on conjectures and surmises, that human memory is likely .....

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Apr 12 1989 (HC)

Kaliyammal and ors. Vs. Raghurama Gounder

Court : Chennai

Decided on : Apr-12-1989

Reported in : AIR1989Mad286

..... jj.), the purchaser of the equity of redemption at a sale in execution of a money decree against the mortgagors claimed to have the mortgage decree amended under section 19 of the act iv of 1938. it was contended that the application for scaling down the mortgage decree is not maintainable as a purchaser of equity of redemption will not come ..... an estate can claim the relief. the other reason given is that the estate being a charitable trust has been specifically and expressly excluded by the terms of section 3(1) of the act. as such, in the circumstances, of this case, the said decision is not helpful to support the contention of the creditor.9. now, we shall consider whether ..... to have been actually advanced, less any amount already received by a creditor in excess of the amount due to him under clause (a) of sub-section (2) of section 3 of the usurious loans act 1918'. a suit to redeem property on payment of the amount due on the mortgage is a suit in respect of a debt; and the court .....

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Apr 07 1989 (HC)

Neyveli Lignite Corporation Ltd., Represented by Its Secretary Vs. Spe ...

Court : Chennai

Decided on : Apr-07-1989

Reported in : (1989)1MLJ533

..... l.r. 34 cal. 451 relied on by the learned counsel for the respondents, considered the scope of the enquiry in a reference under section 18 read with section 21 of the act. the dispute therein related to the apportionment of compensation among zamindar, permanent tenants and under-tenants. in the course of the award, the ..... require that the matter be referred for the determination of the court. the non-acceptance of an award passed by the collector under section 11 of the act, as envisaged under section 18(1) of the act, could, if at all, arise between the parties thereto interested in the receipt of compensation. there is, therefore, no question of ..... , the collector should also state the grounds on which the amount of compensation was determined, on the reference to court, andthe objection contemplated under section 20(b) of the act is at the instance of persons entitled to receive payment of compensation, excepting those who have accepted or consented and without protest to receive the .....

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Apr 05 1989 (HC)

M.K. Chubby Raj Vs. State Bank of India

Court : Chennai

Decided on : Apr-05-1989

Reported in : (1990)IILLJ474Mad

..... the appellant and the bank. that contractual right cannot be taken away by introducing a proviso to dtcs order. that order is traceable to section 43 of the state bank of india act. the said section does not empower passing a resolution in 1984 so as to affect retrospectively the employees who had entered into service in 1969. in other ..... employee was ignored without any justification that was held to be bad. 8. in b. s. yadav v. central bank of india : [1987]3scr165 , section 12 of the bank nationalization act was considered and the nationalization with effect from 19th july, 1969 was upheld. however, as far as the case on hand is concerned, that date is irrelevant ..... of the bank which we will deal in detail in the later part of our judgment. in exercise of the powers conferred under sub-section (1) of section 43 of the state bank of india act, 1955, the first respondent-bank determined the terms and conditions of service of officers. the revised service conditions came into force on 1st .....

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Apr 05 1989 (HC)

The Senior Intelligence Officer, Directorate of Revenue Intelligence, ...

Court : Chennai

Decided on : Apr-05-1989

Reported in : 1990CriLJ704

..... officer-in-charge of a police station and subject to the provisions of the code of criminal procedure. that the word 'otherwise' in sub-section (3) of section 104 of the customs act relates to the releasing of a person who has been arrested and has no reference to investment of the customs officer with all the powers which ..... r. antulay v. r. s. naik : 1984crilj647 . 15. before proceeding to consider the rival contentions put forth by either counsel let us look into section 103 of the customs act which provides for the screening or taking of x-ray of bodies of suspected persons for detecting secreted goods. sub-clause (7) thereof authorises the magistrate to order ..... (guj) wherein a division bench of the gujarat high court had taken the view that the provision to produce an arrested person before the magistrate under section 104 of the customs act would be meaningless and futile, if the magistrate did not have power of remand and directing release of such person on bail. 14. mr. rajamanickam .....

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Apr 04 1989 (HC)

M.L. Krishnamurthy and Etc. Vs. the District Revenue Officer, Vellore ...

Court : Chennai

Decided on : Apr-04-1989

Reported in : AIR1990Mad87

..... stated to have been infringed. the observations of the supreme court could not he construed to say that if it is a case of a permit under section 5(4) of the act, the existing rice mill owner would have a lever to challenge the grant on the ground it has prejudicially affected his business. the observations of the supreme ..... of the constitution, its exercise is subject only to the restrictions imposed by law in the interest of the general public under art. 19(6)(i). if section 8(3)(c) of the act, which is merely regulatory is not complied with, there could be imposition of penalty, but a competitor in the business cannot seek to prevent the other, in ..... sanctioning the change in the location of the appellants' rice mill from its original site to the new site as per the provisions contained in section 8(3)(c) of the rice milling industry (regulation) act, 1958, and rejected the objection raised by the respondents.the respondents then moved a petition in the high court of mysore for a direction .....

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Apr 04 1989 (HC)

M.L. Krishnamurthy and ors. Vs. the District Revenue Officer and ors.

Court : Chennai

Decided on : Apr-04-1989

Reported in : (1989)2MLJ284

..... stated to have been infringed. the observations of the supreme court could not be construed to say that if it is a case of a permit under section 5(4) of the act the existing rice mill owner would have a lever to challenge the grant on the, ground it has prejudicially affected his business. the observations of the supreme ..... of the constitution, its exercise is subject only to the restrictions imposed by law in the interests of the general public under article 19(6)(i). if section 8(3)(c) of the act, which is merely regulatory is not completed with, there could be imposition of penalty, but a competitor in the business cannot seek to prevent the other, ..... the change in the location of the appellants 'rice mill from its original site to the new site' as per the provisions contained in section 8(3)(c) of the rice milling industry (regulation) act, 1958, and rejected the objection raised by the respondents.the respondents then moved a petition in the high court of mysore for a direction .....

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Apr 03 1989 (HC)

Chief Controlling Revenue Authority (Stamp Act) and Inspector General ...

Court : Chennai

Decided on : Apr-03-1989

Reported in : AIR1990Mad8

..... if at all to be stamped,have the character of a declaration of trustand certainly not that of a mortgage deed asdefined under s. 2(17) of the act.2. section 2(17) of the act defines mortgage deed in the following terms :--'mortgage deed : 'mortgage deed' includes every instrument whereby, for the purpose of securing money advanced, or to be ..... .'as we could see from the above definition, it is an inclusive one. mortgage, as such, stands defined under s. 58(a) of the transfer of property act, as follows -'58(a). a mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be ..... person to and in favour of another, a right over or in respect of specifiedproperty. sec. 58(a) of the transfer of property act, referes to mortgages as relating to immovable property only, while the inclusive definition in s. 2(17) of the act applies it to transfers both of movable and immovable property. with this salient exception, the .....

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Apr 03 1989 (HC)

The Chief Controlling Revenue Authority (Stamp Act) and Director Gener ...

Court : Chennai

Decided on : Apr-03-1989

Reported in : (1989)2MLJ5

..... at all to be stamped, have the character of a declaration of trust and certainly not that of a mortgage deed as defined under section 2(17) of the act. 2. section 2(17) of the act defines mortage deed in the following terms:mortgage deed: 'mortgage deed' includes every instrument whereby, for the purpose of securing money advanced, ..... loan, or an existing future debt, or the performance of an engagement which may give rise to a pecuniary liability. the definition of mortgage deed under section 29(17) of the act includes every instrument whereby, for the purpose of securing money, advanced or to be advanced, by way of loan, or an existing or a future debt ..... the discharge of the said debts. the revenue wanted to maintain that this document will fall within the definition of a mortgage deed under section 2(17) of the act attracting article 40 of the act. the respondents, on the other hand, presented the document without tendering any stamp duty, and on objections being raised that the document .....

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Mar 31 1989 (HC)

T. Arul Nadar Vs. the Authorised Officer, Land Reforms

Court : Chennai

Decided on : Mar-31-1989

Reported in : (1989)1MLJ467

..... in the pronouncement referred to by us above.14. we propose to go by the plain language of section 3 of the reduction act-section 3 of the reduction act speaks about 'saving'. sub-section (1) of section 3 of the reduction act alone is relevant and by plain and unambiguous language, it contemplates that the proceedings taken under the provisions ..... l.n.j. 440, there is no advertance to the implications of sub-section (1) of section 3 of the reduction act though there is a reference to sub-section (2) of the section 3 of the reduction act. sub-section (2) of section 3 of the reduction act merely speaks about the reduced ceiling limit with effect from 15.2.1970. it ..... ors. : (1975)1mlj67 , ismail, j., as he then was, held that for proceedings commenced under the principal act namely, act 58 of 1961, the reduction act cannot be applied and therefore, section 3(14) of the amendment act by act 17 of 1970 will not apply. the same was confirmed by a division bench consisting of veeraswami, j., and s. .....

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