Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: guwahati Page 1 of about 1,554 results (0.508 seconds)

Md. Abul Kasem and Others Vs. The State of Assam

Court : Guwahati

..... pay a fine of rs.2,000/-, in default, to suffer simple imprisonment for a further period of 6(six) months and also under section 4 and 5 of the explosives substances act and to undergo rigorous imprisonment for a period of 5(five) years and to pay a fine of rs.5,000/-, in default, to ..... , seizure was made and on completion of investigation submitted the charge-sheet against all the accused appellants under section 364a/120b/121a/34 ipc read with section 25(i)(a) of the arms act and section 4 and 5 of the explosives substances act. two accused persons, namely, paresh bordoloi and someswar alias bikram alias janjoni, however, were declared as ..... that since the prosecution has failed to lead any evidence to constitute the offence punishable under section 364a ipc, apart from section 120b/121a ipc read with section 25(i)(a) of the arms act as well as sections 4 and 5 of the explosives substances act, the learned sessions judge ought not to have recorded the judgment of conviction against the .....

Oriental Insurance Co. Ltd, New Delhi Vs. M/s. Silk Point, A Proprieto ...

Court : Guwahati

..... for indemnification of the damage caused to the shop of the petitioner and the entire goods stocked therein due to the impact created by an explosion, on the ground that such an act of terrorism was not covered by the insurance policy, is under challenge in this writ petition. the facts giving rise to this appeal as ..... goods of the petitioner were the unintended or were innocent victims of the act of terrorism. in my judgment, irrespective of the cause of the explosion, the explosion which destroyed the insured properties falls within the four corners of the term special perils as defined in section 1 of the shopkeepers insurance policy. in fire and motor insurance by ..... parties had proceeded on the assumption that the bomb blast was, in turn, caused by the act of terrorism. as the bomb blast causing the explosion resulting in the destruction of the shop and goods of the petitioner was caused by the act of terrorism, so argued the learned counsel for the insurer, such destruction caused by the .....

Pankaj Borah and Others Vs. State of Assam

Court : Guwahati

..... term which may extend to ten years, and shall also be liable to fine. it appears from a bare perusal of section 436 ipc that the essential ingredients of the said section are:- i) commission of mischief, ii) by fire or any explosive substances, iii) intending to cause or knowing that it is likely to cause destruction of the building, iv) which ..... purpose and to ascertain it as to whether a prima facie case for grave suspicion which is fully explained, is made out and in doing so, the court cannot act merely as post office or mouth piece of the prosecution. it is also settled law that even if two views are possible such that one of them is mere suspicion ..... of well established maxim i.e. generalia specialibus nondergant . but a perusal of the principle of the said act shows that the section is in addition to but not in derogation of the other provisions of law. so, existence of the said act may not ipso facto result in non-application of the ipc. so, this submission of the learned counsel is .....

Abani Mohan Das and Others Vs. the State of Tripura

Court : Guwahati

..... 399, 412, 436, 449 and 450 of the indian penal code, 1860 (no.45 of 1860) and sections 25, 26, 27, 28 of the arms act, 1959 (54 of 1959) and sections 3, 4, 5 and 6 of the explosive substances act, 1908 (act no.vi of 1908), is arrested or appears or is brought before a court; or (b) who, having ..... days shall be substituted; (b) for the words sixty days wherever they occur, the words one hundred twenty days shall be substituted. 3. in the principal act, after section 439, the following section shall be inserted, namely. 439 a- power to grant bail.- notwithstanding anything contained in this code, no person- (a) who, being accused of or ..... in my considered opinion, having regard to the facts and circumstances and the legal position, explained above, the court shall not act mechanically applying the provisions of the amendment act, only seeing the particular offending section in the cases but shall consider the facts and circumstances of each case in its entirety as to whether the case squarely .....

Radhabari Tea Co. P. Ltd. Vs. Mridul Kumar Bhattacharjee and ors.

Court : Guwahati

Reported in : [2010]153CompCas579(Gauhati)

..... under (page 213 of 117 comp cas):22. the dispute between the parties was eminently a civil dispute and not a dispute under the provisions of the companies act. section 9 of the code of civil procedure confers jurisdiction upon the civil courts to determine all dispute of civil nature unless the same is barred under a statute either ..... provisions. the view of the madras high court as expressed in t.a.k. mohideen pichai taraganar (supra), has, however, not been agreed to in its later decision in avanthi explosives p. ltd. v. principal subordinate judge, tirupathi reported in : [1987] 62 comp cas 301 (ap). thus, the law, laid down in manilal brijlal (supra), is still adhered ..... of the provisions of clause 7(1).196. in the facts of the present case, one is also required to bear in mind the provisions of section 34 of the specific relief act, 1963. section 34 reads:34. discretion of court as to declaration of status or right.- any person entitled to any legal character; or to any right as .....

Rajiv Phukan and anr. Vs. the State of Assam

Court : Guwahati

Reported in : 2010CriLJ338

..... was arranged by shaukat in order to accommodate the slain terrorist mohammed, that police uniforms and explosives 'were arranged' and that the names of the five deceased terrorists were so and so are relevant under section 27 of the evidence act as they were confirmed to be true by subsequent investigation and they revealed the awareness and ..... a given case.56. because of what have been discussed and pointed out above, we conclude that a 'disclosure statement', to be admissible under section 27 of the evidence act, is not statutorily required to be reduced into writing, though prudence demands that such an information should be reduced into writing in order to enable ..... given should be recorded and proved and if not so recorded, the exact information must be adduced through evidence. the basic idea embedded in section 27 of the evidence act is the doctrine of confirmation by subsequent events. the doctrine is founded on the principle that if any fact is discovered as a search made .....

Indian Oil Corporation Ltd. Vs. Commissioner of Taxes and ors.

Court : Guwahati

..... is also no dispute that pursuant to the changes so introduced, amendments have been made by the legislature, in the state of assam, in the provisions of the act, particularly section 2(33) and 2(19) thereof, which embody the definition of 'sale' and 'lease', respectively.7. in order to correctly appreciate the development of law relating ..... from time to time and any rules made thereunder affecting the construction and operation of the tank truck/s and will obtain certificate from the chief controller of explosive or any appropriate government authority to the effect that the vehicle is fit for transporting the said products. the contractor shall also carry out, fulfil and ..... legality and correctness of the letter, dated may 16,1998, aforementioned, whereby the petitioner-company was directed to deduct at source tax, in terms of section 27(a) of the act, from the owners of the vehicles and also the notice, dated may 15,1998, directing the petitioner-company to show cause as to why penal action .....

Harendra Kumar Deka Vs. State of Assam and ors.

Court : Guwahati

..... or prohibits the carrying of weapons or of things capable of being used as weapons or prohibits the carrying of fire arms, ammunition or explosive substances.27. section 6 of the act grants the immunity against prosecution or other legal proceedings to any person in respect of anything done or purported to be done in exercise of ..... of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances;) of the said act to 'fire upon or otherwise use force even to the causing of death against any person'. but such a power is circumscribed by the following ..... from the civil society; and(d) a retired officer with experience in public administration, not below the rank of commissioner and secretary to the state government.section 78 of the act describes the functions of the commission as follows:78. functions of the commission- (1) the commission shall enquire into allegations of 'serious misconduct' against police .....

Khiradabala Nath and ors. Vs. Assam State Electricity Board and ors.

Court : Guwahati

..... a suit may be claimed to have elapsed by efflux of time. it needs to be, however, pointed out, as already indicated above, that under section 14 of the limitation act, 1963, when a person has been prosecuting, bona fide and with due diligence, another civil proceeding, the time, during which the person has been so ..... of his celebrated 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.27. 'winfield on tort' enumerates seven defences, recognized in common law ..... to seek compensation by instituting a suit may be claimed to have elapsed by efflux of time. it needs to be, however, pointed out that under section 14 of the limitation act, 1963, when a person has been prosecuting, bona fide and with due diligence, another civil proceeding, the time, during which the person has been .....

New India Assurance Co. Ltd. Vs. Biman Prasad Barkakati and ors.

Court : Guwahati

..... matters, which in its ordinary meaning may or may not comprise. therefore, the use of the word 'means' followed by the word 'includes' in section 2('bb) of the id act is clearly indicative of the legislative intent to make the definition exhaustive and would cover only those banking companies which fall within the purview of the definition ..... victims to go to courts for claiming larger compensation.16. mr. b.c. das, learned senior counsel urged that in compliance of proviso to section 146(1) of the motor vehicle act, in the case of a vehicle carrying or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the ..... claims tribunal on the inter alia grounds that the claim under motor vehicle act is not maintainable in view of public liability insurance act, 1991 and also that the said motor accident was not the result of the use of offending gas tanker inasmuch as explosion in the said offending gas tanker was occurred when offending vehicle was stationary .....