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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: kolkata Page 93 of about 10,025 results (0.191 seconds)

Dec 13 2006 (HC)

Smt. Rakhi Pandey Vs. Dr. Kankar Ghosh and anr.

Court : Kolkata

Reported in : (2007)2CALLT460(HC)

..... offence is alleged to have been committed in, or in relation to, any proceeding in any court, or(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a ..... and both should be taken into account conjointly for the purpose of launching a complaint for alleged commission of offences as mentioned in clause (b) of sub-section (i) of section 195 cr. pc by a court concerned to a competent criminal court having jurisdiction to entertain the matter. this view was long back expressed by the court in ..... revenue or criminal court, and includes a tribunal constituted by or under a central, provincial or state act if declared by that act to be a court for the purposes of this section.(4) for the purposes of clause (b) of sub-section (1), a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from .....

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Dec 11 2006 (HC)

Damodar Valley Corporation Vs. Central Concrete and Allied Products Lt ...

Court : Kolkata

Reported in : 2007(3)ARBLR531(Cal)

..... other judgments rendered by the apex court, wherein it has been held that an application for setting aside an award has to be tried within the four corners of section 34 of the act. he submitted that public policy is a concept which has been described as an unruly horse and unreliable, to say the least, and there is, therefore, no ..... grounds enumerated therein. it is not in dispute that an application for setting aside the award would not lie on any other ground, which is not enumerated in section 34 of the act. the question as to whether the award is required to be stamped and registered, would be relevant only when the parties would file the award for its enforcement ..... should be patent affecting the rights of the parties.74. in the result, it is held that:(a)(1) the court can set aside the arbitral award under section 34(2) of the act if the party making the application furnishes proof that:(i) a party was under some incapacity; or(ii) the arbitration agreement is not valid under the law .....

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Dec 08 2006 (HC)

Comptroller and Auditor General of India and ors. Vs. Saktipada Das

Court : Kolkata

Reported in : (2007)IILLJ990Cal

..... be 'not suitable', without however, disclosing any particular reason why he was not suitable,5. being dissatisfied, the respondent preferred another application under section 19 of the act before the tribunal below thereby giving rise to o.a. no. 693/2004 praying for direction upon the present writ-petitioners for absorbing him in ..... to the filing of this writ-application may be summed up thus:3. in the past, the respondent herein filed an application under section 19 of the administrative tribunal act, 1985 before the tribunal below thereby praying for absorbing him in the regular group-d post after taking into consideration his service of more ..... passed by the central administrative tribunal calcutta bench (hereinafter referred to as the tribunal) by which the said tribunal allowed an application under section 19 of the administrative tribunal act, 1985 filed by the respondent herein by directing the present appellants to consider the case of the respondent by absorbing him against group-d .....

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Dec 08 2006 (HC)

Sukurullah Seikh Vs. State of West Bengal

Court : Kolkata

Reported in : 2007CriLJ1108

..... thereafter on the basis of that complaint of hanifa bibi the present case was started which ended ultimately in submission of charge sheet under section 302 of the i.p.c. read with section 25/27 of the arms act against the appellant.4. the learned additional sessions judge, however, on examination of police papers framed charge under ..... section 302 of the i.p.c. against the present appellant for commission of murder of khodabox on 4th june, 2003 at giridharipur. appellant pleaded innocence ..... the evidence of both prosecution and the accused and after hearing submissions of both the prosecution and the accused person found the appellant guilty of the offence under section 302 of the i.p.c. and the appellant was accordingly convicted and he was sentenced to suffer rigorous imprisonment for life and also to pay a fine .....

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Dec 04 2006 (HC)

Asset Reconstruction Company India Ltd. Vs. Amit Ventures Private Ltd. ...

Court : Kolkata

Reported in : AIR2007Cal49

..... facts of the present case. we have already indicated that we do not for a moment dispute the contention of mr. roy that the service of notice under section 13(2) of the act really gives power to the secured-creditor to proceed against the debtor and that the same is mandatory but we are unable to accept his contention that the ..... the authorised officer. we appreciate the contention of mr. roy, the learned advocate appearing on behalf of the respondent, that the decision to give notice in terms of section 13(2) of the act must be taken by either the secured-creditor or the authorised officer as the case may be but that does not mean that the notice cannot be conveyed ..... behalf of the appellant has vigorously contended before us that the learned single judge committed a gross error of law in holding that the notice in terms of section 13(2) of the act is required to be given by the secured-creditor or its authorised officer himself, but in no case, by their learned advocate on the basis of the .....

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Dec 04 2006 (HC)

Hindustan Lever Ltd. Vs. Ivth Industrial Tribunal and ors.

Court : Kolkata

Reported in : [2007(113)FLR1090]

..... of the company?so as to answer the question, it is necessary for me to remind myself of the definition of 'industrial dispute' as in section 2(k) of the act:'section 2(k)--'industrial dispute' means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which ..... .12. the petitioner's learned counsel next submitted that the concept of workmen does not include retired employees. reference was made to section 2(s) of the said act of 1947. section 2(s) of the said act defines workmen as follows;(s). 'workmen' means any person (including an apprentice) employed in any industry to do any manual, ..... be said to be an industrial dispute. the said learned counsel relied upon the definition of industrial dispute as defined in section 2(k) of the industrial disputes act, 1947. section 2(k) of the said act is as follows:2(k). 'industrial dispute' means any dispute or difference between employers and employers or between employers and .....

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Nov 30 2006 (HC)

The Swadeshi Commercial Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR2007Cal53

..... or was held by him or was managed on his behalf, may, notwithstanding his death, continue to be regarded as enemy property for the purposes of this act.11. section 6 of the act provides for declaring the transfer of property by a enemy subject which is vested in the custodian to be void by the central government after giving reasonable opportunity ..... dispute which could stand to trial.23. mr. roy further contended that decree for eviction could not be passed by the writ court. under the provisions of section 18 of the said act of 1968 the respondents were legally obliged to pass an order on the application made by the owners for an order of divesting. we can see no reason ..... of kai khushroo (supra) the federal court held that even after expiry of the term of the lease if the lessee continues to be in possession section 116 of the transfer of property act would have no application. in our view, once a lease expires by efflux of time it is the obligation of the lessee to hand over possession .....

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Nov 30 2006 (HC)

Saroj Mondal and ors. Vs. State of West Bengal

Court : Kolkata

..... leaving certificate. no one having testified having seen the original of such school leaving certificate, photocopy cannot be treated as secondary evidence as defined in section 63 of the evidence act. also, the certificate of birth purportedly issued by p.w. 11 was brought into existence in june, 1997 when investigation of the case was in ..... examination results had been produced in court the same would have demolished the prosecution case and as such were withheld.(7) the charge framed against the appellants under section 366 of the ipc was defective.(8) the investigating officer was examined as p.w. 3. since p.ws. 1 and 2 had been declared hostile, ..... , district nadia in furtherance of the common intention of you all, voluntarily caused hurt to mahadev mondal and sudhamoy mondal and thereby committed an offence punishable under section 323/34 of the indian penal code, and within my cognizance.2. the trial originated from a written complaint dated 3.1.1997 lodged by bhupendra nath mondal .....

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Nov 29 2006 (HC)

Shyamapada Bauri and 5 ors. Vs. State of West Bengal

Court : Kolkata

Reported in : 2007(3)CHN256

..... immediately after incident and heard about the incident from the injured netai bauri including names of assailants and the offending weapons are admissible as res gestae under section 6 of the evidence act and these witnesses are p.w.i, p.w.2 and p.w.5. p.w.3 and p.w. 7 are the eye-witnesses.27 ..... the incident and heard about the incident and names of assailants from the injured and other eye-witnesses. evidence of latter category of witnesses are admissible under section 6 of the evidence act as res gestae. non-examination of i.o. is not at all fatal for the prosecution, if the case is otherwise proved from evidence, materials on ..... . it was also contended by mr. ghosh that the investigating officer was not examined and other vital witnesses were also not examined and adverse presumption under section 114(g) of the evidence act should be drawn against the prosecution. out of political rivalry the appellants were falsely implicated in this case.23. on the contrary, mr. swapan kumar mallick .....

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Nov 28 2006 (HC)

Mira Devi and ors. Vs. Oriental Insurance Co. Ltd. and ors.

Court : Kolkata

Reported in : 2007ACJ1885,(2007)3CALLT16(HC)

..... the evidence on record and on placing the material factors in the structured formula, we have identified the compensation amount which is just in terms of section 168 of motor vehicles act, 1988.29. appeal accordingly stands allowed on the aforesaid findings and observations. the impugned judgment and order stand set aside and quashed.30. let lower ..... the figure as rs. 3,000 per month and thereby the annual income goes to the figure rs. 36,000. it is the case under section 163-a, motor vehicles act, 1988. in view of the note as made thereon in the second schedule that 1/3rd of the income should be considered as personal expenditure of ..... of the victim.3. learned advocate for the respondent insurance company very frankly has submitted that the learned tribunal below was wrong in its finding that section 163-a of the said act stood repealed. but, however, on the question of quantum, the learned advocate for the respondent insurance company simply has opposed with reference to the prayer .....

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