Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: kolkata Page 90 of about 10,025 results (0.391 seconds)

Suraj Yadav and anr. Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : I(2008)DMC314

..... any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.section 109. punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment. whoever abets any offence shall, if the ..... the doing of a thing who intentionally aids, by any act or illegal omission, the doing of that thing. explanation 2 to the section says that whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid ..... the doing of that act. thus, in order to constitute abetment, the abettor must .....

Asian Exports Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2007)110TTJ(Kol.)152

..... hon'ble supreme court has largely relied upon the rule of construction and legislation intentions in coming to its decision by earlier provisions of the it act under section 10(27) of the act. it has been submitted by the learned counsel that the main crux of the matter before the hon'ble supreme court in above case was ..... from the order of this tribunal in case of ektara exports (p) ltd. (supra), wherein it was held that the assessee should be given benefit under section 10a of the act.39. we, therefore, considering the facts and circumstances involved in this case and also considering the processing activities of the assessee and the ratio of decisions ..... or thing and/or no new article or thing emerged which are distinctive in character or identity and thereby disallowing the claim of the appellant under section 10b of the it act though it was demonstrated with evidence that the appellant was engaged in the business of ornamental fishes which was produced by them and new ornamental fishes .....

Union of India (Uoi) and ors. Vs. Saied Meera

Court : Kolkata

Reported in : 2008(1)CHN890

..... view of the reasons given above, i hold that charges mentioned against pc 1999 saied meera, pc/1973 lawrence robert, pc/1084 j.j. edward (under section) stand proved.9. the disciplinary authority after receipt of report of the enquiry officer, while tentatively agreeing with his findings called upon the respondents to show-cause ..... no stage of the proceedings was there any admission of guilt on their part. the alleged admission in course of preliminary inquiry could not therefore be acted upon in course of the regular departmental inquiry, where the prosecution failed to establish the charges against the respondents.his further submission that the respondents committed ..... decipher and on the basis of such statement of the prosecution witness, findings of guilt could not have been returned. although, the provisions of the evidence act are not applicable in domestic enquiry and the standard of proof in such enquiry is also different, even then it is settled law that surmises and conjectures .....

In Re: the Court on Its Own Motion

Court : Kolkata

Reported in : (2007)2CALLT370(HC)

..... to add something to the statutory language. however, the supreme court had the occasion to consider the effect of the word 'criminal contempt' as used in section 2(c) of the act in the case of delhi judicial service association v. state of gujarat reported in : 1991crilj3086 where the apex court in paragraph 42 of the judgement made the ..... and their authority wanes and is supplanted.14. in view of the aforesaid observations of the supreme court regarding the scope of criminal contempt as provided in section 2(c) of the act, we have no hesitation in concluding that if the allegations contained in the order dated january 15, 2007 are found to be true, the inaction on ..... bench decision can be of any assistance to his clients. in the case of harish chandra misra (supra), the question was whether the word 'judge' appearing in section 16 of the act included the judges of the high court. in that context, n.p. singh j. (as his lordship then was) speaking for the majority made the following .....

In Re: Director General of Police and ors.

Court : Kolkata

Reported in : 2007CriLJ1955

..... bench , decision can be of any assistance to his clients. in the case of harish chandra misra (supra), the question was whether the word 'judge' appearing in section 16 of the act included the judges of the high court. in that context, n.p. singh, j. (as his lordship then was) speaking for the majority made the following ..... and their authority wanes and is supplanted.14. in view of the aforesaid observations of the supreme court regarding the scope of criminal contempt as provided in section 2(c) of the act, we have no hesitation in concluding that if the allegations contained in the order dated january 15, 2007 are found to be true, the inaction ..... to add something to the statutory language. however, the supreme court had the occasion to consider the effect of the word 'criminal contempt' as used in section 2(c) of the act in the case of delhi judicial service association v. state of gujarat reported in : 1991crilj3086 where the apex court in paragraph a2 of the judgment made the .....

Food Corporation of India and ors. Vs. Assistant Labour Commissioner-i ...

Court : Kolkata

Reported in : (2007)2CALLT331(HC)

..... heard, confirm, modify, or reverse the decision of the controlling authority.8. in this context it is necessary to refer the relevant portion of section 4 of the act which is extracted hereunder:4. payment of gratuity.-(1) gratuity shall be payable to an employee on the termination on his employment after he has ..... laying down terms and conditions of service was part of service contract. hence, such additional benefit was contractually conferred and also came under the purview of section 4(5) of the act. referring to the regulation it was submitted that explanation (2) to regulation 4 governed the cases other than those of absorbed depulationist and, therefore, ..... redundant and required to be rescinded. the said circular, recognized that the benefit of prior service before joining fci would be counted as contemplated in section 4(5) of the act which gave the right to an employee to secure better terms of gratuity under any award, agreement or contract with the employer. therefore, fci could .....

Afjal HossaIn and ors. Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : 2007(4)CHN482

..... defective conduct of public prosceutor the court should not be mute spectator and duty of the court to be active participation of doing justice. section 311 of the code of criminal procedure and section 165 of the evidence act conferred vast and wide powers on presiding officer of court to elicit all necessary materials by playing an active role in evidence collecting process ..... made to examine the other fir named witnesses or the doctor thereunder. the doctors were not even examined under section 161 of the code during the investigation. in my view, in such circumstances a presumption under section 114(g) of the evidence act is very much available in favour of the defence and sending the matter back for retrial with the opportunity to .....

Pampasar Distillery Ltd. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

..... of pampasar distillery ltd. in the hands of successor company that is amalgamated company which is shaw wallace distilleries ltd. as per provision of sub-section (2) of section 170 of the income tax act. now it is for the revenue to initiate appropriate proceedings against the right person i.e. shaw wallace distilleries ltd. in accordance with law ..... the same should be made in the hands of amalgamated company, i.e., shaw wallace distilleries ltd., for which he placed reliance on section 170 of the income tax act.16. section 170 of the income tax act deals with the succession to the business otherwise than on death. it reads as under : 170. succession to business otherwise than on ..... in the case of century enka ltd. v. dy. cit (2006) 101 itd 489. he further submitted that even as per provision of section 170 sub-section (2) of the income tax act, 1961, the assessment can be made in the hands of the successor company. in the scheme of amalgamation, the business of the amalgamating company is .....

Pradip Kumar Banerjee Vs. Airport Authority of India and ors.

Court : Kolkata

Reported in : (2007)3CALLT101(HC)

..... other than legal remuneration as motives of reward towards helping sri pramanick to pass the pending bills and thereby committed an offence under section 7 of prevention of corruption act, 1988 r/s. section 34 of the indian penal code and within my cognizance.secondly - that being a public servant employed as such on the aforesaid ..... pecuniary advantage to the extent of rs. 3000/- from shri shib nath pramanick and thereby committed offence specified in section 13(1)(d) of p.c. act, 1988 punishable under section 13(2) of the said act and within my cognizance.and i hereby direct that you be tried on the said charges.charges are read over ..... that the prosecution in the instant case has not able to bring home the guilt of the appellant under section 7 of the prevention of corruption act, 1988 together with section 13{2) of the prevention of corruption act, 1988 beyond all reasonable shadow of doubt....'the trial judge was not therefore justified in awarding conviction and punishment .....

In Re: Raghunath Exports Ltd.

Court : Kolkata

Reported in : [2008]83SCL68(Cal)

..... of its defence to the claim or by citing other considerations that would weigh with court despite the company's indisputable indebtedness beyond the floor limit set in section 434 of the act, is for the company to choose.46. the gujarat case and, in particular, the fifth test recognised therein cannot be accepted in view of the binding ..... was made in the owner's favour in respect of freight and the costs of obtaining the award. a statutory demand, akin to the notice required under section 434 of our companies act, was made by the owner. the charterer did not dispute the debt and in the company proceedings that ensued, sought the discretion of the company judge ..... that effect is passed all suits involving the company would automatically come within the purview of the company court and it might or might not grant leave under section 446 of the companies act. if it has already opined about the genuine and indisputable nature of a debt owed by the company, needless to mention, it will, almost as .....