Array
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    [0] =>  ..... was a final report on the facets investigated into by the investigating agency. furthermore, the requisite sanctions as required under sections 18 and 18-a of uapa and so also under section 7 of the explosive substances act were also accorded by the authorities concerned. the chargesheet so filed before the learned special court was complete in all  ..... 90 days and, therefore, the appellant is entitled to default bail. it cannot be disputed that court has ample power under the proviso to section 43d(2)(b) of the uap act to extend the period for completing the investigation. for extension of the period, the public prosecutor has to submit a report indicating the progress  ..... by the national investigation agency ('nia' for short). nia filed a final report dated 23.7.2015, within the extended period under the proviso to section 43d(2) of the uap act. 3. before filing the final report, the appellant filed an application for bail, which was dismissed by the court below. the appellant challenged that ..... 
    [1] =>  ..... at his instance on 27.11.2014 at 13.25 hours. 36. section 43e of the act provides that in a prosecution for an offence u/s 15 of the act, if it is proved that the arms or explosives or any other substances specified in the aforesaid section were recovered from the possession of the accused and there is reason to .....  believe that such arms and explosives or such substances of a similar nature were used in the .....  under the indian penal code, the explosive substances act, 1908 and also the arms act. while considering the application for bail in a case where allegation of commission of offence under the ua(p) act is made, s.43d(5) will be attracted. 19. we shall extract section 43d(5) and (6) for easy reference: section 43d - modified application of certain provisions ..... 
    [2] =>  .....  and all stipulations as provided in the mines act shall be applicable. learned government pleader further submits that the 2015 rules itself incorporate various  ..... metres or persons employed are more than 50 and explosives are used, regulation under the mines act comes into play and exemption is taken away. 15. shri c.s. manilal, learned government pleader replying to the above submission contended that for taking out mine from exemption all the conditions mentioned in section 3(1) proviso (ii) has to be  ..... intent manifested by the scheme of the act which is primarily meant for ensuring the safety of workmen employed in the mines." in view of the above it is clear that if the depth is more than six metres or explosives are being used in extraction of minor minerals exemption under section 3(1) shall come to an end ..... 
    [3] =>  .....  a3 in s.c.no.41/2011 of the additional sessions court-iii, kasaragod registered for the offences punishable under sections 304, 308 and 201 of the indian penal code, read with section 34 ipc and section 3 of the explosive substances act, 1908. 2. originally, there was only one accused in the crime. on investigation, a final report was filed .....  court for trial and disposal. the learned additional sessions judge, through annexure a5 order has directed the deputy superintendent of police, kanhangad to conduct a further investigation under section 173(8) cr.p.c. the said order was passed suo motu and not on any application by the investigating officer. the same is under challenge. 3.  ..... time of taking cognizance on the final report. after taking cognizance, either the magistrate or the sessions court has no power of its own to order further investigation under section 173(8) cr.p.c. 5. in this case, on getting such an order from the learned additional sessions judge, the dy.s.p. of kanhangad  ..... 
    [4] =>  .....  justice of the respective high courts is consulted in appointing claims w.p.c.no.27960/2011 :5: commissioner in terms of chapter v of the act and section 38 (1) provides that if the central government considers it necessary or expedient to do so, it may dissolve the commissioner. the argument is that  .....  in, or sent to, a nuclear installation, whether so arising from the radioactive properties of such matter, or from a combination of radioactive properties with toxic, explosive or other hazardous properties of such matter; 2(i) "nuclear incident" means any occurrence or series of occurrences having the same origin which causes nuclear damage or ..... cause unacceptable radiation damage or not. only those incidents which may cause radiation damage can give rise to a claim for compensation. hence the challenge to section 3 of the act is unsustainable.17. the next contention is with reference to the limitation of liability. the relevant statutory provisions read as under: "4. liability of  ..... 
    [5] =>  ..... (a)(i) and 13(1)(a) of the crl. appeal no.708 of 2015 (a) ::3. :: unlawful activities (prevention) act, sections 25 and 27 of the arms act and sections 3 and 4 of the explosive substances act.5. the appellant was arrested and he was remanded to judicial custody on 13.8.2009. from that date onwards, he continues to be in  ..... to see that the case is tried at the earliest.9. several contentions were put forward before the court below. arguments were advanced on the basis of section 43d(5) of the unlawful activities (prevention) act. the court below, relying on the decisions of this court in abdul sathar v. superintendent of police [2014 (2) klt sn53(c.no.71)] .....  sn64(c.no.62)], rejected the crl. appeal no.708 of 2015 (a) ::5. :: contentions put forward by the appellant. another contention raised by the appellant based on section 436a of the code of criminal procedure was also rejected by the court below by taking the view that the punishment provided for the offence involved in the present case ..... 
    [6] =>  .....  sulphur is used for fumigation in the unit of the respondents 5 and 6 and in such circumstance, respondents 5 and 6 have to obtain a licence under the explosives act, 1884 read with the explosives rules, 2008.5. the learned counsel appearing for the respondents 3 w.p.(c) no.2211 of 2015 - b5and 6 however would refute such submission made across the ..... ) no.2211 of 2015 - b representatives of the petitioner and the additional respondents before issuance of a licence. the question of whether the respondents 5 and 6 would require an explosive licence is left open. if a licence is granted by the panchayat and when the respondents 5 and 6 commence operation, necessarily the pollution control board would have to examine ..... 
    [7] =>  ..... water reservoirs of 'kurinji kudivella padhahthi' is only at a wpc no.16355/2015 4 distance of 100 metres from the unit. section 40 of the kerala irrigation and water conservation act, 2003 prohibits the mining or quarrying operations using explosives within the radius of 1 km. of any bridge, dam, check dam or any other work, structure or constructions owned,  .....  blasting wpc no.16355/2015 5 operations in granite quarry. even though it is endorsed in ext.p12 itself that 'certificate of competency to carry out blasting of explosives in area not coming under the mines act', it is partially covered by affixing photograph. ext.p12 is in form le-10 under rule 107(5) of the .....  explosives rules. it is clear from form le-10 that the same enables to do blasting operation in area not coming under the mines act. this court considered the competency of the short fire's permit to do blasting operations in granite quarry ..... 
    [8] =>  .....  307 of the ipc, 16(a) r/w 15 crl.appls.346, 347 & 383 of 2015 22 (1)(a)(i) and section 19 of the ua(p) act, 1967, section 3 and 5 of explosives substances act, 1908 and section 27 of arms act, 1959. a perusal of the charge would reveal that there is no allegation that they have participated in the commission of the .....  r/w 143, 147, 148, 149 r/w 302, 201, 202 12, 324 and 307 of ipc. section 16(a) r/w 15(1) (a)(i) & section 19 of unlawful activities (prevention) act, 1967, section 3 and 5 of explosive substance act, 1908 and sec. 27 of arms act, 1959. charge no. 12 that prakashan (a3), krishnan (a11) and ramachandran (a12) on 1.9.2014 sheltered and ..... ,, 202, 212, 324 and 307 of the ipc, 16(a) r/w 15(1)(a)(i) and section 19 of unlawful activities(prevention) act, 1967 section 3 and 5 of crl.appls.346, 347 & 383 of 2015 4 explosives substances act, 1908 and section 27 of arms act, 1959, against 19 accused persons.6. the impugned orders incidentally were passed immediately prior to the filing of ..... 
    [9] =>  .....  in a common memorandum of appeal in case they are pursuing the same cause of action or same relief, in order to avoid multiplicity of proceedings and to avoid docket explosion.4. the learned counsel appearing for the appellants would contend that court fee is to be understood and levied only in terms of the interest pursued in a case. it .....  per appellant at the rate of rs.200/-.2. in order to appreciate the question posed before us it is necessary to refer to the relevant provisions. section 5 of the kerala high court act provides for intra court appeals, un-numbered w.a. of 2009 in o.p.no.24035/1999 -:2:- which reads as follows:- "5. appeal from judgment or ..... .no.24035/1999 -:4:- writ appeal shall pay the court fee payable under article 3(iii)a(2)(c) of schedule ii of the kerala court fees and suits valuation act as if he had brought a separate appeal." 2. on a plain reading of rule 159(2) it would appear that when a cause of action is pursued, whether jointly ..... 
    [10] =>  .....  reveals that the petitioner is accused of having committed offence punishable under s.9b(1) of the explosives act, 1884. s.9b of the explosives act reads as follows: 9b: punishment for certain offences:- (1) whoever, in contravention of rules made under section 5 or of the conditions of a licence granted under the said rules- (a) manufacturers, imports ..... 482 of the code of criminal procedure seeking to quash annexure f charge sheet laid against the petitioner alleging offence punishable under s.9b(1) of the explosives act, 1884. 2. the prosecution allegation is that, on 07.08.2013, the petitioner was found in possession of 25 bundles of safety fuses and 100 ordinary  .....  view of the above fact, it cannot be said that the petitioner has contravened either s.9b(1) of the explosives act, 1884 or the explosives rules, 2008. the prosecution records also reveal that the explosives were stored in a concrete shelf inside the store and the prosecution has no case that the items were stored in  ..... 
    [11] =>  ..... clauses. secondly, the second clause is contingent on the happening of an uncertain event of chacko leaving behind any property at the time of his death. section 120 of the act says that a legacy, bequeathed in case a specified uncertain event shall happen, does not vest until that event happens. anticipated events, which are not certain .....  defendant by way of a contingent bequest, if anything was left behind after the life of the legatee. it is well settled that the principle in section 88 of the act is subject to exceptions. a division bench of the madras high court in venkataramayya v. pitchamma (air 1925 madras 164) has stated that the latter  ..... established by evidence and therefore remaining undeniable, are that both exts.b2 and b3 wills have been proved in accordance with section 63 of the indian succession act, 1925 (in short, the act ) and section 68 of the indian evidence act, 1872. further, if the 2nd defendant wanted to rely on ext.b2 will, necessarily he should have admitted the  ..... 
    [12] =>  .....  petitions is to be contingent upon the findings in w.p.(c)no.18030/2014: the validity of exhibits p7 and p8 and also the constitutional validity of section 67aof the act. 40. it may be trite to observe that the value of the property, its subsequent appreciation, or the inadequacy of the sale consideration in the auction sale .....  the general body and the registrar of societies. 44. in this context, it is also pertinent to refer to the statutory scheme under sections 55 and 56 of the act. as per section 55 of the act, no part of the funds of the society other than the net profits shall be paid by way of bonus or dividend or otherwise ..... who will have the last laugh? the defaulter. premium on dishonesty! may be. 112. leaving aside the above hypothetical projection, i may focus on the vires of section 56 a of the act. does it, as has already been observed, suffer from the vice of unreasonable classification. based on the bedrock of presumption of constitutionality, we should acknowledge that the ..... 
    [13] =>  .....  metrology (packaged commodities) rules, 2011 ( l.m.p.c rules for brevity ) read with s 18 of the legal metrology act 2009 ( lm act for brevity )and punishable under section 32 (2) of the l.m.p.c. rules. the aforesaid proceedings are under challenge in this petition. 3. i have heard the learned counsel appearing for ..... , it was revealed that the accused had charged a sum of rs 85 /- instead of rs.55/-, which was the mrp printed on the bottle in terms of section 18 of the legal metrology act, 2009. according to the complainant, charging excess price than the declared maximum retail price on the package attracts an offence under rule 18(2) of the legal .....  charged excess price over and above the declared maximum retail price on the package. this according to the complainant violates rule 18 (2) of the lmpc rules 2011 read with section 18 of the l.m. act and hence punishable under rule 32 (2) of the lmpc rules, 2011. it will be apposite to refer to the above provisions . 8 ..... 
    [14] =>  ..... v. bombay tyre international ltd. [(1983) 4 scc 210]. tracing the principles from the leading authority of a reference under the govt. of ireland act, 1920 and section 3 of the finance act (northern ireland) 1983, re[1936 ac 352] passing through ralla ram v. province of east punjab [1948 fcr 207] and treading through the  ..... an amusement park. 29. the argument of the field being entirely occupied by entry 62 list i is also based on the entertainments tax act, of the state, more specifically section 3b. section 3b, a non-obstante clause, provides a measure of tax based on the investment made and the area covered; which takes in the entire .....  including taxes on entertainments, amusements, betting and gambling . the state has also brought out the kerala local authorities entertainments tax act, 1961 [hereinafter referred to as state act of 1961 ], wherein section 3, the charging section, provides for levy of tax and the rate of tax; connected cases the same being on the price for admission to  ..... 
    [15] =>  ..... /- i have borrowed from you with interest at rs.3/-per rs.100/- per month . it is attested by two witnesses. 3. promissory note is defined in section 4 of the negotiable instruments act as follows: a promissory note is an instrument in writing (not being a bank-note or a currencynote) containing an unconditional undertaking, signed by the maker, to pay .....  not contain the words to the order or the bearer. the decisions discussed above are sufficient to hold that still it may be a promissory note. 13. section 2(a) of the kerala stamp act provides that an instrument is a bond if a) its executant obliges himself to pay money to another. b) it is not payable to order or bear .....  i have borrowed from him today. this is a promissory note though it does not contain the words to the order or bearer. (see illustration (b) in section 4 of the negotiable instruments act). 2. i promise to pay b or the order of b or the bearer rs.one lakh which i have borrowed from him today. this is a promissory ..... 
    [16] =>  .....  agency meant, as per clarification, an individual as well. 14. the learned counsel has further contended that the petitioners have an efficacious alternative remedy under section 83(1)(j) of the kerala co-operative societies act. according to him, they ought to have laid challenge against exhibit p14 order before the government. he has submitted that if petitioners 1 and 2 were ..... 
    [17] =>  .....  only question is whether the measures ordered by the maintenance tribunal require any interference by this court or not. 9. it is apposite to refer section 2(k) of the senior citizens act, which defines welfare as follows: -:5:- (k) welfare means provisions for food, health care, recreation centres and other amenities necessary for the  ..... is entitled for the benefits referred in the impugned order. it was also argued that the petitioners cannot approach this court bypassing the remedy of appeal under section 16 before the appellate authority. 5. heard the learned counsel for the petitioners as well as the learned counsel for the third respondent. 6. one  .....  by the maintenance tribunal would show that it has passed the order in terms of section 2(k) of the senior citizens act for providing welfare measures rather than invoking provision for maintenance under section 2(b) of the senior citizens act. the welfare measures can be imposed against any person, based on the accepted relationship  ..... 
    [18] =>  .....  the above verdict, which are relevant read as follows : 31. the notification under section 4(1) of the act is dated 13-9-2000. it was published in the gazette dated 13-9-2000. thereafter it was published in two newspapers. lastly, the collector caused public  ..... 36, crux of which is that, there is much difference in meaning between the words the date of notification as mentioned under section 4(1) and the similar expression when it comes to section 23 of the act and that the additional market value can be calculated only from the date of last notification. paragraphs 31 to 34 and 36 of .....  principles of statutory interpretation, 12th edn., pp. 356-58.) the use of the words publication of the notification in sections 4(1) and 6 on the one hand and in section 23(1) on the other, in the la act, is a classic example where the same words have different meanings in different provisions of the same enactment. the words publication ..... 
    [19] =>  .....  had submitted the application for renewal of licence and nothing is borne out in regard to the period for which renewal has been sought. 'year' is defined under the act as per section 2(xlviii) as 'year' means the financial year . under the dando rules, year is not defined, whereas, as per rule 2(e), it is stated that in  ..... been operating a quarry on the basis of a quarrying lease dated 19/3/2010 and licence/permission obtained from various authorities including the pollution control board, the controller of explosives, the panchayat etc,. as per ext.p4 dated 20/3/2014, the licence was granted for a period of one year upto 31/3/2015 covering all the  ..... the licensee is complying with the conditions imposed under the licence as per the rules, byelaws etc. 15. learned counsel for the panchayat however places reliance on section 236(1) of the act and rule 10 of the d and o rules to contend that the application submitted by the petitioner was not an application submitted in accordance with law.  ..... 
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