Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: delhi Year: 2003 Page 1 of about 294 results (0.067 seconds)

Ambuja Cement Rajasthan Ltd. and Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(91)ECC484

..... relevant rule governing input duty credit is rule 3 of the cenvat credit rules, 2001. the ground on which the credits taken by the appellants in these appeals on explosives under the said rule was disallowed by the lower appellate authority is that the said goods does not fit in the definition of "input" under clause (f) of ..... v. birla corporation ltd., 2002 (146) elt 215, this submission is not contested. in the cited cases, one of the issues considered by this bench was whether the explosives used by the respondents for mining limestone at sites outside their cement factory were eligible inputs for modvat purpose. in each of the two cases, the relevant period was april ..... therefore, apply to the instant cases as well.accordingly, these two appeals are also allowed.6. if any deposit made by any of these appellants under section 35-f of the central excise act is lying with the department, the same shall be refunded to them as early as possible, at any rate within a period of 30 days from the .....

Sanjay V. Modi and Ajanta Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(93)ECC24

..... to official records and entries therein are entered on the basis of certain internal documents and that too with the full knowledge of the management; that as per section 36a of the central excise act, the contents of any document seized from the custody or control of any person shall be presumed to be true unless the contrary is proved. he emphasized ..... of fabric was sent with the price-list for the purpose of valuation and the same had nothing to do with the classification. he relied upon the decision in rajasthan explosives & chemicals ltd. v. cce, jaipur, 2003 (85) ecc 85 (t) wherein the tribunal has held that "if there are documents for the clearance of excisable goods without payment of duty .....

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 .....

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 .....

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 .....

Century Cement Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(165)ELT534TriDel

..... of the apex court judgment in jaypee rewa cement supra shows that modvat credit is available to an assessee in respect of the explosives used for the manufacture of intermediate product which product is then used in the manufacture of the final product. but after the amendment ..... ltd. - 2002 (147) e.l.t. 877 and that for the earlier period, the appellants had been allowed modvat credit on the explosives. he had also submitted that the amended definition of the input which came into force from 1-7-2000 did not stand on a ..... 83.587/- which has been confirmed against them through the impugned order-in-appeal by the commissioner (appeals), by disallowing them modvat credit on explosives used outside the factory premises.2. the learned counsel has contended that the case of the appellants stands squarely covered by jaypee rewa cement ..... terms of the stay order shall result in dismissal of the appeal without prior notice under section 35f of the act. to come up for reporting compliance on 19-11-2003. .....

Dr. Dileep Makhija and ors. Vs. Mr. Arun Mittal and ors.

Court : Delhi

Reported in : [2004]118CompCas694(Delhi); 105(2003)DLT793; 2003(69)DRJ154; [2003]47SCL241(Delhi)

..... with the intent of increasing the authorised capital so as to dilute the plaintiffs holding to less than 10%, thereby depriving them of their rights under section 399 of the companies act. immediately thereupon, on 23.1.2003 the plaintiffs served a legal notice on defendants, thereby requesting for an adjournment of the proposed egm on 25. ..... company law board for redressal of their grievances. the answer in favor of the plaintiff is to be found in the decision of his lordship m.jagannatha rao in avanthi explosives p. ltd. v. principal subordinate judge, tirupathi, and another, [1987] 62 comp. cas. 301. his lordship, while adorning the bench of andhra pradesh high court, ..... been contended on behalf of the plaintiffs that the requisite quorum was not available in most of the previous meetings of the board, as prescribed in section 287 of the companies act. it has been argued that the minutes are fabricated and wrongly mention the plaintiff no. 2 to be present at the meeting, and that these .....

Lalsons Enterprises Vs. Asstt. Cit

Court : Delhi

Reported in : (2004)86TTJ(Del)1050

..... was of the view that assessment completed by the assessing officer was erroneous and prejudicial to the interest of revenue. accordingly, he issued notice under section 263 of the act to the assessed pointing out different errors committed by the assessing officer in respect of different disallowances etc. and after considering the reply submitted by ..... contended that the courts have held that funds should be appropriated in the manner most beneficial to the assessed. reference in this regard was made to the decision of indian explosives ltd. v. cit : [1984]147itr392(cal) , alkali & chemicals corporation of india ltd. v. cit : [1986]161itr820(cal) and marnite polycast ltd. v. assistant ..... surplus funds of the appellant is heavily inclined in favor of the appellant. the said view is fortified by decision of the calcutta high court in indian explosives case (supra) and this tribunal decision in marnite's case (supra) wherein it has been held that where there is a mixed pool of funds, .....

Bio-chem Pharmaceutical Industries Vs. Astron Pharmaceuticals and Assi ...

Court : Delhi

Reported in : 2003IIAD(Delhi)41; 102(2003)DLT840; 2003(26)PTC200(Del); 2003(1)RAJ464; [2003]47SCL574(Delhi)

..... laboratories ltd. (supra) the trade marked 'supaxin' and 'spoxin' were held to be deceptively similar in clause (d) of sub-section (1) of section (2) of the act and it was held that if such mark is likely to deceive or cause confusion it could not be registered. the question in that ..... pharmaceuticals ltd. (supra) as has been mentioned hereinabove. consequently, learned counsel for the appellant is right in his submission that clause (a) of section 11 of the act is attracted and the medicine 'bicillin' is likely to be confused for 'biocilin' or vise versa. consequently, this trade mark 'bicillin' could not ..... place to mention that different acts like drugs and cosmetics act, 1940, food adulteration act, trade and merchandise marks act, copyright act, designs act etc. have made numerous provisions to protect the consumers. but as is bound to happen in impending legislative explosion following globalization and numerous existing acts, different authorities act differently. such an approach .....