Array ( [0] => ..... under such circumstances we are inclined to answer the reference in favour of the revenue. we hold that the tribunal was not justified in holding that section 158bc r/w section 158bd of it act, 1961 would not apply to the facts of this case. the order of the tribunal is accordingly set aside and the order of the assessing ..... m/s don bosco industries during the course of search and seizure proceedings.4. question to be examined is as to whether the provisions of section 158bc r/w section 158bd of the it act would apply to the facts of this case. chapter xiv-b deals with the special procedure for assessment of search cases. provisions of this chapter ..... bosco card centre'. the firm is a sister-concern of don bosco industries, whose premises were searched under section 132 of the it act, 1961 on 4th jan., 1996. business premises of the assessee was also surveyed under section 133a of the act along with the search in the business premises of don bosco industries. during the course of the survey, ..... [1] => [2] => ..... siri jagan, j.1. exts. p5 and p6 orders are under challenge in this writ petition. ext. p5 is an order passed under section 85(1) of the factories act making all sections of the factories act, 1948 except section 6(i)(a), (aa)(b) and (c) applicable to manufacturing process in crushing of animal bone including bone meals and other manure industries ..... the present case in all respects.10. although the petitioner's counsel wanted to make a point on the basis of the non-obstante clause in section 14 of the payment of gratuity act, i am satisfied that such contention essentially depends upon the sustainability of the other contention which i have already repelled.11. of course, the petitioner ..... officer 2001 (1) klt 147 by which a contention raised by an employer of a factory, which became a factory by virtue of a notification under section 85(1) of the factories act, was repelled by this court. counsel would submit that bolani ores's case may not be applicable to the present case in so far as the ..... [3] => ..... officer to pass fresh penalty order.the reference is answered in favour of the revenue and against the assessee.8. the bar of limitation under section 275 of the act is also not against the initiation of proceedings but only against the passing of an order imposing a penalty. here the proceedings have already ..... appellant's argument that the tribunal ought to have confirmed the appellate authority's, order cancelling the penalty proceedings for the non-compliance of section 274(2)(b) of the act and that the tribunal should not have remitted the matter for initiating proceedings de novo. the fallacy of this argument is that it ..... had not declared his income from the aforementioned partnership business for the assessment year 1985-86. the assessing officer, therefore, initiated penalty proceedings under section 271(1)(c) of the act for furnishing inaccurate particulars of his income. since the explanation offered by the assessee was not acceptable, the assessing officer imposed penalty of rs. ..... [4] => ..... of that notice.11. accordingly the appeal is allowed; acquittal is set aside and the first respondent/accused is found guilty of the offence punishable under section 138 of the n.i act and he is convicted and sentenced as under.12. the respondent shall undergo imprisonment for a day until the rising of the court on 11.9.06 ..... of the cheque alone is not sufficient to give rise to a cause of action on the basis of the provisions contained in section 142 read with clauses (b) & (c) of proviso to section 138 of the act. demand for payment of the amount covered by the bounced cheque in the form of a notice in writing is an inseparable ..... k.a. abdul gafoor, j.1. the appellant did not succeed in the prosecution launched against the respondent alleging offence punishable under section 138 of the negotiable instruments act. the respondent/accused was acquitted. therefore this appeal the appellant is a bank offering facility of credit card. the respondent availed that facility. the accused availed the ..... [5] => ..... . in understanding the scope of the said rule, the term 'goods vehicle' has to be understood, following the definitions in the motor vehicles act, 1988, hereinafter 'the act', for short. section 2(14) of the act provides that 'goods carriage' means any motor vehicle constructed or adapted for use solely, for the carriage of goods, or any motor vehicle not ..... of carriage of goods, the said vehicle cannot be treated as a goods carriage for the purpose of the act or the rules. having particular regard to the sweep of sub-sections 13 and 14 of section 2 of the act and the terms of rule 304 of the rules, it is predominantly clear that a vehicle, which is not ..... solely used for the carriage of goods referable to section 2(13), cannot be required to be painted in highway yellow colour.4. 'goods' is defined in section 2(13) of the act. that is an inclusive definition by which, anything carried by a vehicle other than equipments ordinarily used with ..... [6] => ..... is challenging the said judgment of the learned single judge, that the present appeals are filed.6. learned counsel appearing for the appellants submitted that as per section 2(c) of the act, the term 'employer' has been defined and it is an inclusive definition to rope in the licensees as well falling within the ambit of the definition. ..... they shall be deemed to be the employers vis-a-vis those workers and liable to pay the contribution to the fund under the act. after perusing the definition contained in section 2(c) of the act, the apex court held that 'it refers to the person who employs any person, whether directly or through any other person or whether ..... the proceeding against them. consequent to ext.pl produced in the case, revenue recovery proceedings were resorted to and two separate demands were raised under sections 7 and 34 of the revenue recovery act. exts.p3 and p4 are the said notices so issued. though objections were raised, the same were over-ruled. contending that ext.pl is ..... [7] => ..... part of the building which the first respondent requires as additional accommodation for his personal use. therefore, this case falls under sub-section(8) of section 11 and not under sub-section(3) of section 11 of the act.12. in view of the supreme court decision in s.r. babu 's case and the principles laid down in the ..... of the building; (ii) the landlord requires the additional accommodation for his personal use.12. the foil owing is the distinction between sub-section(3) and sub-section(8) of section 11 of the act. the former provision applies when the building is wholly occupied by the tenant and the landlord bonafide needs the building for his own occupation ..... building and the remaining portion or part thereof is in the possession of a tenant, does not preclude the landlord from seeking eviction under sub-section(3) of section 11 of the act. it is not a sound principle of statutory construction to place more restrictions on the rights of parties than what is provided for in the ..... [8] => ..... the club also show that there is provision for systematic and organised activity in the club.3. commercial establishment and shop are defined under section 2(4) and (15) respectively of the kerala shops and commercial establishments act, 1960. these provisions read as follows:-2(4) commercial establishment' means acommercial or industrial or tradingorbanking or insurance establishment, an establishment or administrative service ..... definition and among other establishments it includes any commercial establishment coming within the meaning of section 2 of the kerala shops and commercial establishments act 1960, an establishment including a society registered under the societies registration act, 1860 or the travancore cochin liberary, scientific and charitable societies registration act, 1955, which carries on any business, or trade or any work in connection therewith or ..... [9] => ..... that the patient's condition became worse, on complaint of which further injection was administered by her. this will prove the ingredients of the offence punishable under section 328 ipc, the public prosecutor points out.18. it was thereupon submitted by the counsel for the appellant that, on admission in aradhana hospital, immediately after ..... . she died there. there is no evidence that death was connected in any way due to the negligent act of the accused. unless the death is connected to the act of the accused, she cannot be convicted under section 304, indian penal code. therefore, that conviction shall have to be reversed.13. but the public prosecutor ..... under section 304 part i. it reads:punishment for culpable homicide not amounting to murder - whoever commits culpable homicide not amounting to murder shall be punished with (imprisonment for life), or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Kerala - Year 2006 - Page 10 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: kerala Year: 2006 Page 10 of about 172 results (0.042 seconds)

Jun 27 2006 (HC)

Commissioner of Income Tax Vs. Don Bosco Card Centre

Court : Kerala

Decided on : Jun-27-2006

Reported in : (2006)205CTR(Ker)500; [2007]289ITR329(Ker)

..... under such circumstances we are inclined to answer the reference in favour of the revenue. we hold that the tribunal was not justified in holding that section 158bc r/w section 158bd of it act, 1961 would not apply to the facts of this case. the order of the tribunal is accordingly set aside and the order of the assessing ..... m/s don bosco industries during the course of search and seizure proceedings.4. question to be examined is as to whether the provisions of section 158bc r/w section 158bd of the it act would apply to the facts of this case. chapter xiv-b deals with the special procedure for assessment of search cases. provisions of this chapter ..... bosco card centre'. the firm is a sister-concern of don bosco industries, whose premises were searched under section 132 of the it act, 1961 on 4th jan., 1996. business premises of the assessee was also surveyed under section 133a of the act along with the search in the business premises of don bosco industries. during the course of the survey, .....

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Jun 21 2006 (HC)

Neelakanta Pillai Bhargava Panicker and anr. Vs. Madhavakurup Dasappan ...

Court : Kerala

Decided on : Jun-21-2006

Reported in : 2008(1)KLJ72

ORDERK.T. Sankaran, J.1. The question involved in this revision is whether the plaintiffs in a suit could be granted permission to withdraw the suit with liberty to institute another suit on the basis of a cause of action different from the one involved in the suit.2. The revision petitioners filed O.S. No. 16 of 1992, on the file of the Court of the Munsiff of Haripad against respondents for permanent prohibitory injunction, for fixation of boundary and for mandatory injunction. The plaintiffs claimed title to an extent of one cent 650 Sq. links of land (plaint A schedule property). They purchased it from a larger area having an extent of 22 cents. The plaintiffs have constructed a building in the property purchased by them and are doing business there. Plaint B schedule item Nos. 1 and 2 admittedly belonged to the first defendant. The first defendant had also purchased B schedule item Nos. 1 and 2 from out of the total extent of 22 cents. The plaintiffs alleged that under the pretext...

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Jun 20 2006 (HC)

Raveendran Nambiar Vs. Prabhakaran

Court : Kerala

Decided on : Jun-20-2006

Reported in : [2006(110)FLR742]; 2006(3)KLT234; (2006)IIILLJ331Ker

..... siri jagan, j.1. exts. p5 and p6 orders are under challenge in this writ petition. ext. p5 is an order passed under section 85(1) of the factories act making all sections of the factories act, 1948 except section 6(i)(a), (aa)(b) and (c) applicable to manufacturing process in crushing of animal bone including bone meals and other manure industries ..... the present case in all respects.10. although the petitioner's counsel wanted to make a point on the basis of the non-obstante clause in section 14 of the payment of gratuity act, i am satisfied that such contention essentially depends upon the sustainability of the other contention which i have already repelled.11. of course, the petitioner ..... officer 2001 (1) klt 147 by which a contention raised by an employer of a factory, which became a factory by virtue of a notification under section 85(1) of the factories act, was repelled by this court. counsel would submit that bolani ores's case may not be applicable to the present case in so far as the .....

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Jun 19 2006 (HC)

Manoharan Vs. Asst. Commissioner of Income Tax

Court : Kerala

Decided on : Jun-19-2006

Reported in : (2006)204CTR(Ker)225; [2007]292ITR281(Ker); 2006(3)KLT330

..... officer to pass fresh penalty order.the reference is answered in favour of the revenue and against the assessee.8. the bar of limitation under section 275 of the act is also not against the initiation of proceedings but only against the passing of an order imposing a penalty. here the proceedings have already ..... appellant's argument that the tribunal ought to have confirmed the appellate authority's, order cancelling the penalty proceedings for the non-compliance of section 274(2)(b) of the act and that the tribunal should not have remitted the matter for initiating proceedings de novo. the fallacy of this argument is that it ..... had not declared his income from the aforementioned partnership business for the assessment year 1985-86. the assessing officer, therefore, initiated penalty proceedings under section 271(1)(c) of the act for furnishing inaccurate particulars of his income. since the explanation offered by the assessee was not acceptable, the assessing officer imposed penalty of rs. .....

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Jun 15 2006 (HC)

Bank of Baroda Vs. Philip Thomas

Court : Kerala

Decided on : Jun-15-2006

Reported in : II(2007)BC376; 2007CriLJ2838; 2006(3)KLT729

..... of that notice.11. accordingly the appeal is allowed; acquittal is set aside and the first respondent/accused is found guilty of the offence punishable under section 138 of the n.i act and he is convicted and sentenced as under.12. the respondent shall undergo imprisonment for a day until the rising of the court on 11.9.06 ..... of the cheque alone is not sufficient to give rise to a cause of action on the basis of the provisions contained in section 142 read with clauses (b) & (c) of proviso to section 138 of the act. demand for payment of the amount covered by the bounced cheque in the form of a notice in writing is an inseparable ..... k.a. abdul gafoor, j.1. the appellant did not succeed in the prosecution launched against the respondent alleging offence punishable under section 138 of the negotiable instruments act. the respondent/accused was acquitted. therefore this appeal the appellant is a bank offering facility of credit card. the respondent availed that facility. the accused availed the .....

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Jun 14 2006 (HC)

Vijaykumar Vs. State of Kerala

Court : Kerala

Decided on : Jun-14-2006

Reported in : 2006(3)KLT546

..... . in understanding the scope of the said rule, the term 'goods vehicle' has to be understood, following the definitions in the motor vehicles act, 1988, hereinafter 'the act', for short. section 2(14) of the act provides that 'goods carriage' means any motor vehicle constructed or adapted for use solely, for the carriage of goods, or any motor vehicle not ..... of carriage of goods, the said vehicle cannot be treated as a goods carriage for the purpose of the act or the rules. having particular regard to the sweep of sub-sections 13 and 14 of section 2 of the act and the terms of rule 304 of the rules, it is predominantly clear that a vehicle, which is not ..... solely used for the carriage of goods referable to section 2(13), cannot be required to be painted in highway yellow colour.4. 'goods' is defined in section 2(13) of the act. that is an inclusive definition by which, anything carried by a vehicle other than equipments ordinarily used with .....

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Jun 13 2006 (HC)

Welfare Fund Inspector Vs. Jaya

Court : Kerala

Decided on : Jun-13-2006

Reported in : 2006(3)KarLJ988

..... is challenging the said judgment of the learned single judge, that the present appeals are filed.6. learned counsel appearing for the appellants submitted that as per section 2(c) of the act, the term 'employer' has been defined and it is an inclusive definition to rope in the licensees as well falling within the ambit of the definition. ..... they shall be deemed to be the employers vis-a-vis those workers and liable to pay the contribution to the fund under the act. after perusing the definition contained in section 2(c) of the act, the apex court held that 'it refers to the person who employs any person, whether directly or through any other person or whether ..... the proceeding against them. consequent to ext.pl produced in the case, revenue recovery proceedings were resorted to and two separate demands were raised under sections 7 and 34 of the revenue recovery act. exts.p3 and p4 are the said notices so issued. though objections were raised, the same were over-ruled. contending that ext.pl is .....

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Jun 12 2006 (HC)

Indian Saree House Vs. Radhalakshmy

Court : Kerala

Decided on : Jun-12-2006

Reported in : 2006(3)KLT129

..... part of the building which the first respondent requires as additional accommodation for his personal use. therefore, this case falls under sub-section(8) of section 11 and not under sub-section(3) of section 11 of the act.12. in view of the supreme court decision in s.r. babu 's case and the principles laid down in the ..... of the building; (ii) the landlord requires the additional accommodation for his personal use.12. the foil owing is the distinction between sub-section(3) and sub-section(8) of section 11 of the act. the former provision applies when the building is wholly occupied by the tenant and the landlord bonafide needs the building for his own occupation ..... building and the remaining portion or part thereof is in the possession of a tenant, does not preclude the landlord from seeking eviction under sub-section(3) of section 11 of the act. it is not a sound principle of statutory construction to place more restrictions on the rights of parties than what is provided for in the .....

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Jun 09 2006 (HC)

CochIn Yacht Club Vs. State of Kerala

Court : Kerala

Decided on : Jun-09-2006

Reported in : 2006(3)KLT67; (2006)IIILLJ427Ker

..... the club also show that there is provision for systematic and organised activity in the club.3. commercial establishment and shop are defined under section 2(4) and (15) respectively of the kerala shops and commercial establishments act, 1960. these provisions read as follows:-2(4) commercial establishment' means acommercial or industrial or tradingorbanking or insurance establishment, an establishment or administrative service ..... definition and among other establishments it includes any commercial establishment coming within the meaning of section 2 of the kerala shops and commercial establishments act 1960, an establishment including a society registered under the societies registration act, 1860 or the travancore cochin liberary, scientific and charitable societies registration act, 1955, which carries on any business, or trade or any work in connection therewith or .....

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Jun 08 2006 (HC)

Radha Sasidharan Vs. State of Kerala

Court : Kerala

Decided on : Jun-08-2006

Reported in : 2006CriLJ4702; 2007(4)KLT268

..... that the patient's condition became worse, on complaint of which further injection was administered by her. this will prove the ingredients of the offence punishable under section 328 ipc, the public prosecutor points out.18. it was thereupon submitted by the counsel for the appellant that, on admission in aradhana hospital, immediately after ..... . she died there. there is no evidence that death was connected in any way due to the negligent act of the accused. unless the death is connected to the act of the accused, she cannot be convicted under section 304, indian penal code. therefore, that conviction shall have to be reversed.13. but the public prosecutor ..... under section 304 part i. it reads:punishment for culpable homicide not amounting to murder - whoever commits culpable homicide not amounting to murder shall be punished with (imprisonment for life), or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by .....

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