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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: kolkata Page 98 of about 10,025 results (0.143 seconds)

Aug 21 2006 (HC)

Nirmal Sarkar Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(2)CHN707

..... supreme court further came to the conclusion that the notification of the year 2000 by the excise department was made on the basis of power conferred under sections 85 and 86 of bengal excise act and the said notification was within the delegated power of the government. the hon'ble supreme court further opined that the said order reflected the policy of ..... .15. he drew our attention to the notification dated 4.2.2000 which runs as follows:in exercise of the powers conferred by section 85, and section 86 of the bengal excise act, 1909 (ben. act v of 1909) read with sub-rule (1) of rule 13 of the west bengal excise (selection of new site and grant of license for retail sale of ..... . sri kar further pointed out that the subsequent order dated 4.2.2000 by the excise department by notification was on the basis of power conferred by sections 85 and 86 of bengal excise act, 1909 read with sub-rule (1) of rule 13 of 'the 1993 rules'. he further pointed out that 'the 1993 rules' was also made on the .....

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Aug 18 2006 (HC)

Anandamoy Ghosh and ors. Vs. State of West Bengal

Court : Kolkata

Reported in : 2006CriLJ4250,I(2007)DMC525

..... fact there was no evidence to that effect.10. mr. basu finally submitted that in the present case the prosecution cannot take the aid of section 113-b of the evidence act. there was no evidence at all that death of chandana was caused by the accused persons in connection with demand for dowry or that chandana ghosh ..... family of the appellants and the family of the complainant. accordingly, in this case the prosecution cannot take advantage of presumption under section 113-b of the evidence act.39. the examination of the appellants under section 313 of the cr.p.c. was also not proper. there was no evidence that deceased chandana was murdered but the ..... appellants soon before her death. the evidence that came before the trial court did not fulfil elements of section 304-b of the ipc and being so application of inference or presumption under section 113-b of the evidence act is not permissible. proper scrutiny of cross-examination of the witnesses clearly reveals that there was very happy .....

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Aug 14 2006 (HC)

Crystal Cable Industries Ltd. and anr. Vs. Union of India (Uoi) and or ...

Court : Kolkata

..... the condition precedent for entertaining an appeal is the satisfaction of the high court of the case involving a substantial question of law.24. an order under section 35f of the central excise act, 1944, dispensing with disputed duty and/or penalty either fully, or in part, or refusing to do so is generally based on assessment of facts ..... of the phrase 'every order' in paragraph 35g(1), submitted that an appeal would lie to the high court from all orders of the tribunal under section 35f of the central excise act, 1944.22. the expression 'every order passed in appeal by the appellate tribunal' is qualified by a rider, that is, satisfaction of the high court ..... writ application! on the ground of existence of the alternative remedy of appeal to the high court available under the central excise act, 1944.17. section 35g of the central excise act, 1944 provides for appeal to the high court. section 35g(1), (3), (4), (5) and (6), relevant to the issue of whether the petitioners have an equally .....

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Aug 10 2006 (HC)

The State of West Bengal Vs. Sankar Sundar Dutta

Court : Kolkata

Reported in : 2006CriLJ4234

..... of rs. 5,000/- each in default to suffer rigorous imprisonment for six months each, respondents sankar sundar dutta and pranab nag being convicted under section 3 of the explosive substance act are sentenced to suffer rigorous imprisonment for two years each and to pay a fine of rs. 500 each in default rigorous imprisonment for three months ..... bombs and they charged bombs at uday and naresh and for that reason they are found guilty under section 3 of the explosive substance act. we do not find any material on record to hold the respondents guilty under section 307/34 of the ipc for attempting to murder bombaia alias all reja and kalyan biswas and at ..... sankar sundar dutta and pranab nag were carrying bombs and naturally, apart from the charge under section 302/34 of the ipc both of them are liable to be convicted under section 3 of the explosive substance act.63. the charge under arms act as framed against subhasish mukherjee was disbelieved by the learned trial court since there was no .....

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Aug 07 2006 (HC)

Sandhya Mondal and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2007)1CALLT116(HC)

..... kumar mitra, j.1. challenge in this writ petition is the intended acquisition of residential plot with building allegedly for public purposes. in the notification preliminary published under section 4 of act (1) of 1894 the purpose was shown as widening of raja s.c. mullick road at calcutta. the claim of the petitioner here is that his land ..... no. 134, raja s.c. mullick road was requisitioned by kmda allegedly for the purpose of widening of raja s.c. mullick road. admittedly, a notice under section 4 of act i of 1894 was served on a minor boy out of the petitioners/owners.11. it appears from the report of the learned special officer, mr. rabi shankar ..... .2000. thus, the state authorities accepted the ownership of the petitioners.35. in paragraph 5 the state authorities say that declaration of acquisition of land under section 6 of the said act has been notified and the petitioners have also a claim of ownership over premises no. 134 raja s.c. mullick road. the state authorities has stated in .....

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Aug 04 2006 (HC)

Food Corporation of India Vs. Anurag Properties Pvt. Ltd. and anr.

Court : Kolkata

Reported in : 2007(1)CHN1

..... case where it was held that if there was an instrumentality or agency of the state which assumed the grab of a government company as defined in section 617 of the companies act, it did not follow that it thereby cased to be an instrumentality or agency of the state. for the purpose of article 12, the court ..... suffering a decree of rs. 4838.87p. for refund of wharfage, demurrage and transit charges, a plea was taken that such recovery was barred by section 110 of the madras port trust act. the supreme court in exercise of discretion under article 136 of the constitution decided to revoke the special leave earlier granted on the ground that the ..... learned single judge was dealing with a writ application filed by a licensee under the public premises (eviction of unauthorised occupants) act, 1971 who complained that although in the year 1982, a notice under section 4 of the act was served, the landlord abandoned the said notice and accepted the rental from the writ petitioner but suddenly, in the .....

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Aug 03 2006 (HC)

Jaymac Lasetron P. Ltd. and anr. Vs. Commissioner of Income-tax and or ...

Court : Kolkata

Reported in : (2006)206CTR(Cal)532,[2006]286ITR453(Cal)

..... of the deceased to the extent of inheritance of the estate and for that purpose such legal heir and/or legal representative would be deemed assessee under section 159 of the said act of 1961.application of law in the present scenario18. let us now apply the law in these two cases after analysis of the facts. on ..... the said deceased person competent to inherit the property of the deceased.(xv) sri mohan wahi v. cit : a notice of demand on the assessee under section 156 of the act is mandatory before taking any step for recovery under the second schedule. non-service of a notice goes to the root of the validity of the subsequent proceeding ..... a person who has got valid title legally conveyed to him after complying with the requirement of law such as the transfer of property act, the registration act, etc.(viii) tro v. gangadhar viswanath ranade : section 281 declares any transfer within the mischief period void as against the payment of revenue whereas rule 11 empowers the recovery officer to .....

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Aug 02 2006 (HC)

Arindam Basu and ors. Vs. Amal Kumar Bose and ors.

Court : Kolkata

Reported in : AIR2006Cal295,2006(4)CHN813

..... ]1scr176 which dealt with the right of a lessor to resume possession by extra judicial method. we have already pointed out that the principle of section 6 of the specific relief act is applicable only to immovable property and cannot have any application to hire-purchase agreement as referred to in the supreme court decisions mentioned above. ..... except by due process of law even by the lawful owner, the person dispossessed of the immovable property can by simply filing a suit under section 6 of the specific relief act within six months from the date of dispossession, get back possession even he had no title to the property, provided, however, that the dispossession ..... that he was deprived of his property without authority of law.17. in the motor vehicles act itself, the possession by the financier in terms of hire-purchase agreement has been recognized as would appear from section 51(5) of the motor vehicles act. a hirer, so long the entire instalments are not fully paid, without taking 'no .....

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Jul 31 2006 (HC)

Smt. Sita Devi Haralalka Vs. T.M. and M.C. Private Ltd.

Court : Kolkata

Reported in : (2007)1CALLT107(HC)

..... accept it. here, no witness was examined on behalf of the defendant to deny the tender and refusal to rebut the presumption under section 27 of the general clauses act read with section 114 of the evidence act.16. referring to the evidence of mr. sanjoy haralalka, mr. bhattacharya assailed the notice on the ground that it was given under ..... the original plaintiff sita devi claimed to be owner of the disputed premises, no document in this regard has been produced. the 'landlord' within definition of section 2(d) of the act includes any person who, but for a special contract, would be entitled to receive the rent of any premises on his own account. the person contemplated ..... set aside (annexure 'e'). as the defendant failed to pay or deposit the amount within the stipulated period, the substituted plaintiffs filed an application under section 17(3) of the act which was allowed by this court by order dated 11.01.05 and the defence against delivery of possession was struck out (annexure 'f').7. a .....

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Jul 26 2006 (HC)

The State of West Bengal Vs. Mr. Tarique Akhtar Alias Raja and

Court : Kolkata

..... of the opposite party no. 2, so the local police started a separate case being mango (azadnagar) p.s. case no. 38 dated 01/2/2006 under sections 3 and 5 of the explosive substance act. the opposite party no. 2 was also shown arrested in connection with bowbazar p.s. case and the articles were also shown to have been seized in ..... justified. as the matter involves transfer of a case from one state to another state, so the learned chief judicial magistrate, jamshedpur was not authorized to pass such order under section 186(b) cr.p.c. which runs as under:high court to decide, in case of doubt, district where enquiry or trial shall take place: * * * * * * * *(b) if the courts are .....

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