Array ( [0] => ..... the commission of cognizable offence. hence, the offence was registered against the appellant for the offence punishable under section 302, 307, 341, 294 of the ipc, section 3 read with section 25 of the arms act and section 3 and 4 of the explosive substances act. 1908 vide crime no.146/2011. the printed fir is at exh.27. as per the oral ..... pay a fine of rs.500/- in default to undergo further simple imprisonment for 15 days. he was also convicted for an offence punishable under section 3(a) of the explosive substances act and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of rs.1000/- in default to undergo further simple imprisonment for one ..... witnesses. after full fledge trial, the learned sessions judge found that the prosecution has only proved the case for the offence punishable under sections 302 and 324 of the ipc and section 3(a) of the explosive substances act. 6. we have heard mr. r.r. vyas, learned counsel for the appellant and mr. t.a. mirza, learned a. ..... [1] => ..... already discussed hereinabove, the authority would be empowered to levy fee only after a notification is published in the official gazette, as required under sub-section 1 of section 11 of the said act. undisputedly the notification is issued on 3.3.2014. by now, it is a settled principle of law that the authority would be empowered ..... buildings or group or complexes of buildings or slums are prone to frequent fire hazards. in slum areas, unscrupulous persons have been using premises for keeping hazardous explosives and highly inflammable goods. major fires in such buildings and slums have taken a heavy toll of human life and heavy damage to the property. the disaster ..... schedule ii. 23. however, in the present case, even prior to notification being issued under sub-section 1 of section 11 of the act of 2006, after the notification was issued under sub-section 3 of section 1 of the said act, the corporation has imposed and collected the fees at twice the rate as provided in schedule ii of ..... [2] => ..... of censor board and accordingly certificates were issued by the censor board. in case, any person is aggrieved by such certificate, remedy lies under section 5d of the cinematograph act. but then certification by the censor board, could not have been ignored and in the instant case, even by magistrate. the magistrate did not ..... the relevant paragraphs of the said judgment which read thus: 7. indeed, the penal code is general, the cinematograph act is special. the scheme of the latter is deliberately drawn up to meet the explosively expanding cinema menace if it were not strictly policed. no doubt, the cinema is a great instrument for public good ..... summons. the first question is answered against the appellant accordingly. ? 23. therefore, the position has now come to rest to the effect that the revisional jurisdiction under section 397 crpc is available to the aggrieved party in challenging the order of the magistrate, directing issuance of summons. ? 9. in view of above, following order ..... [3] => ..... the town planning department. respondent-plaintiff instituted the suit for declaration that explosives licence issued by original defendant no. 1 to the applicant is illegal and that the applicant has no right to do business on the plots ..... violation of prescribed norms, hurriedly completed construction of petrol pump. not only this, but original defendants no. 1 and 2 (department of explosives) in the suit issued explosives licence to applicant blindly, without insisting upon applicant to adhere to the usual conditions of obtaining no objection certificates from the development authorities including ..... absence of cause of action, plaint is liable to be rejected. he also contends that suit is not maintainable in view of the provisions of section 34 of the specific relief act. learned counsel relied upon the following rulings: (1) state of punjab and ors v. gurdev singh (1991) 4 scc 1 (2) ..... [4] => ..... , gadchiroli, in sessions case no.40/2009 is set aside. the appellant is acquitted of the offences punishable under sections 25(1)(1-b)(a) read with section 3 of the arms act and section 5(a) of the explosive substance act, 1908. he shall be released from prison, if not required in any other case. the appeal stands disposed of ..... appellant for the offence punishable under section 5(a) of the explosive substance act. it is also not necessary to examine the consent granted by the district magistrate under section 39 of the arms act for prosecution of the appellant for violation of section 3 of the act, punishable under section 25(1)(1-b) (a) of the act. 15. as far as ..... oral judgment: 1. the appellant is convicted for the offences punishable under sections 25(1)(1-b)(a) read with section 3 of the arms act and section 5(a) of the explosive substance act, 1984. he has been sentenced to suffer rigorous imprisonment for 2-1/2 years for the former offence and rigorous imprisonment for 5 years for ..... [5] => ..... admitted and therefore, it is not in dispute that the motor vehicle's battery was used for igniting the fuse of explosive. the question is whether such use was 'use of motor vehicle' as contemplated under section 165 of the act? broad definition of accident arising out of use of motor vehicle is given in subsection (1) of ..... to be a 'use of vehicle'. if the vehicle was not used for causing explosion, it cannot be said that the accident that took place was accident arising out of use of motor vehicle as defined in section 165. the claim petition under section 166 thus, was not maintainable. the learned chairman committed serious error in appreciating the ..... section 165 reads as under: 165 (1) : a state government may, by notification in the official gazette, constitute one or more motor accidents ..... [6] => ..... in the districts of gadchiroli. fir no.3001 of 2013 was lodged under sections 13, 18, 39 of the unlawful activities (prevention) act, 1967 read with sections 4 and 5 of the explosives substances act and further read with sections 395, 143, 147, 148,149 and section 120-b of the indian penal code. 2) it is case of the ..... to attain their objectives, howsoever laudable they may be and those who have formed gangs or groups clandestinely to indulge in illegal acts and omissions for collection, transportation, distribution and use of illegal explosives, accessories, arms and ammunition are aided, assisted or helped by the local persons voluntarily or may be even involuntarily, which ..... the other hand the accused applicant and his brother also need to be thoroughly investigated. in my opinion, with stumbling block of section 43d (4) of the unlawful activities (prevention) act as barrier to the plea of the applicant for pre-arrest bail order, the only option for the applicant is to surrender himself ..... [7] => ..... in transit of goods except in an events like act of god, act of war, fire, explosion or any unforeseen reason. there is a proviso to section 73 which is relevant. it reads thus: “provided that even where such loss, destruction, damage, deterioration or non-delivery ..... goods like stable bleaching powder. therefore, the tribunal was justified in negativing the defence of improper packing of consignment by the respondent. 9] section 73 of the indian railways act 1890 casts responsibility upon the railway administration as carrier of animals and of goods, for the loss, destruction, damage, deterioration or non delivery, ..... of damages due to fire, the railway administration is exempted from making good the loss and for that he relied upon the provisions of section 73(i) of the indian railways act 1989. 6] mr. dube, the learned counsel appearing for the respondent supported the order passed by the tribunal. 7] the first ..... [8] => ..... in transit of goods except in an events like act of god, act of war, fire, explosion or any unforeseen reason. there is a proviso to section 73 which is relevant. it reads thus: provided that even where such loss, destruction, damage, deterioration or non-delivery ..... packing goods like stable bleaching powder. therefore, the tribunal was justified in negativing the defence of improper packing of consignment by the respondent. 9] section 73 of the indian railways act 1890 casts responsibility upon the railway administration as carrier of animals and of goods, for the loss, destruction, damage, deterioration or non delivery, ..... of damages due to fire, the railway administration is exempted from making good the loss and for that he relied upon the provisions of section 73(i) of the indian railways act 1989. 6] mr. dube, the learned counsel appearing for the respondent supported the order passed by the tribunal. 7] the first ..... [9] => ..... worked ever since. their trainability has led to them being used over the centuries in roles varying from the simple barking burglar alarm to the detector of the contraband and explosives and in wars. 6. in this writ petition we are called upon to decide whether the petitioner who was the companion of the dog 'rover' for considerable period ..... acted negligently or recklessly due to which dog 'rover' received alleged serious injury and thereby causing dent to the 'close association' of dog and human-host. 7. we have perused the ..... [10] => ..... in (2004) 4 scc 714. f) that there has been no effective consultation with the director of town planning as required under sub-section 2 of section 37 of the said act. the report of director ought to have been taken into consideration by the state government which has not been taken into consideration. that the ..... the state government has failed to take into consideration the objections raised by the petitioners and that the inquiry contemplated under the provisions of section 37 of the said act, required, that the state government ought to have taken into consideration each and every objection raised by the petitioners objecting to the modifications ..... was in fact consulted" or was it a "sufficient consultation". (7) where any action is legislative in character, the consultation envisages like one under sec. 3(1) of the act, that the central government is to intimate to the state governments concerned of the proposed action in general outlines and on receiving the objections or suggestions ..... [11] => ..... upon the similar facts. the ratio of the division bench in the case of devidas matiramji surwade is that the term 'person' employed under sub-section (1) of section 14 of the said act has to be interpreted to mean the legal heirs of such person, who has encroached and continues to occupy the government land or the public property ..... upon any land, which is not a private property, but the government land or public property and to prosecute the persons creating such obstruction or encroachment. 9. section 184 of the said act deals with members, etc., of panchayats to be public servants, and it runs as under: 184. members, etc., of panchayats to be public servants. every ..... a member of a panchayat, and if he becomes a member of a panchayat, then he is not entitled to continue as such. the disqualification under section 14 is in respect of the acts, events, deeds, misdeeds, transactions, etc, which have been done, happened or occurred before entering into the office as a member of a panchayat as ..... [12] => ..... similarly, it has also found that prosecution has failed to bring on record any motive. we endorse said findings. 31. memorandum statement alleged to be under section 27 of the evidence act by accused is rightly found irrelevant by the trial court. these document at exhs. 46 and 47 do not lead to any discovery. many villagers had ..... and it is found unsatisfactory. on account of this unsatisfactory unsubstantiated answer, it is held that the accused failed to discharge the burden cast upon him by section 106 of the evidence act. 21. while discussing motive aspect, in paragraph no. 112 to paragraph no.119, it is found that though the prosecution could not bring on record ..... that accused was last seen with the daughters is accepted by the learned trial court. 20. from paragraph no.95 upto paragraph no. 111 impact of section 106 of the evidence act and therefore, special knowledge to accused has been discussed. it is found that as he was last person in whose custody the daughters were seen, hence ..... [13] => ..... that at the most, the transfer in question would attract such item, and being an interdepartmental transfer, would not attract the provision of sub-section (1) of section 42 of the said act so as to require the notice of change to be given to the employees. he has relied upon the decision of the apex court in ..... rest intervals. 11. all matters pertaining to leave and holidays, other than those specified in items 6 and 7 in schedule i. sub-section (4) of section 46 of the bombay industrial relations act provides that no employer shall make any change in any industrial matters mentioned in schedule ii before giving notice of change, as required by the ..... in the strength of employees in the polyester department and increase in the strength of employees in the spurn yarn department in violation of sub-section (1) of section 42 of the bombay industrial relations act, whereas the industrial court holds that the illegal change attracts items 1, 2, 7 and 9 of schedule ii. the courts below have ..... [14] => ..... subject-matter of a civil case arising out of implementation of schedule-i enactments. then only national green tribunal will have jurisdiction under section 14. 22. section 2[m] of n.g.t. act defines substantial question relating to environment. the definition is wide and inclusive. it stipulates that if there is direct violation of specific statutory ..... to contain such particulars and should be accompanied by such document and such fees, as may be prescribed by rules framed under the said act. sub-section [2] of section 18 provides for an application for grant of relief of compensation or settlement of dispute to be made by a person stipulated therein. as per ..... the parliament which has deliberately employed wide or liberal words while laying down the compass or the scheme of n.g.t. act, has not used such words while phrasing section 14 of that act or conferring jurisdiction upon national green tribunal. on the contrary, its intention to limit the power to decide certain specified nature of ..... [15] => ..... of judgments holding the field. in d. p. maheshwari (supra), the management raised a preliminary objection to the maintainability of the reference made under section 10(1) of the act of 1947. the same was tried as a preliminary issue with both sides leading evidence. it is in that context that it was observed by the ..... of trade unions and prevention of unfair labour practices rules, 1975 especially rules 25 and 26 thereof, the manner in which the order passed under section 28(8) of the act of 1971 is to be published and its report has to be forwarded has been stipulated. similarly, under industrial court regulations, 1975 regulation no.109 ..... order of reinstatement and payment of 50% backwages has attained finality. this order was passed in the complaint filed under section 28 of the act of 1971. the subsequent complaint again filed under section 28 of the act of 1971 is on account of non-compliance by the petitioner with the earlier orders. the aforesaid facts therefore indicate that ..... [16] => ..... must be removed forthwith. ultimately, since the direction was given by the state government, hon'ble court notes that it was necessary for it to act under section 37 (1aa), and to publish a notice in the official gazette to invite objections and suggestions from the public at large, and also from the ..... case of state of rajasthan and ors. vs. basant nahata, reported at air 2005 sc 3401, whereby the hon'ble apex court quashed section like s. 22a of the registration act to show the approach to be adopted while understanding the land disposal rules and provisions prescribing additional conditions. to substantiate his submissions, shri mandlekar ..... 9 undertook to remove unauthorized construction and declared that it had already commenced the process. thus, in the absence of occupancy certificate under section 280 of city of nagpur corporation act, read with rule 7.4 of development control rules, building could not have been put to use. the construction commencement certificate was never ..... [17] => ..... of assessing the inability as the arbitrator appointed by this court could not have been communicated the order of this court. shri bhutada, learned counsel submitted that section 15(2) of the act of 1996 would come in play in the present matter. the provisions reads thus. 15. termination of mandate and substitution of arbitrator. (1) .. (2 ..... 8. apart from the above consideration, in my opinion, there is one more aspect which needs attention on the backdrop of the facts of the present matter. section 11 of the act of 1996 deals with the provision of 'appointment of arbitrators'. if one peruses the meaning of word 'appoint' and 'appointment' finding place in webster's ..... present matter, the person appointed as a arbitrator by this court could not be communicated about his appointment. thus, the exercise for appointment of arbitrator under section 11 of the act of 1996 is not fulfilled in the present matter. 9. considering all the above aspects, in my opinion, ends of justice would be met by ..... [18] => ..... seeking eviction of the tenant. there being no requirement in law to issue a separate demand notice to the sub-tenant who did not answer the requirements of section 25 of the said act, its non-service on the sub-tenant would not prejudice the case of the landlady especially when the demand notice was duly served on the tenant. 13. ..... eviction on the ground of arrears of rent had been rightly passed as the tenants and the sub-tenant had not complied with the provisions of section 15(2) and section 15(3) of the said act. the arrears of rent not having been cleared, the decree for eviction had been rightly passed by the courts below. in that regard the learned ..... by judgment dated 11-4-2011, the trial court decreed the suit. 5. the tenant and the sub-tenant challenged the aforesaid decree by filing an appeal under section 34 of the said act. this decree was not challenged by the respondent no.2. during pendency of the appeal, the landlady gave up the claim of eviction based on the ground of ..... [19] => ..... pointed out that in service jurisprudence, expression 'cadre' means unit of strength of service or part of it, as determined by the employer. section 248[a] of zilla parishad and panchayat samities act, obliges the state government to make rules to regulate the terms and conditions of service. though the state government has time and again issued ..... not accept the contention of respondent nos.5 to 14, that there is a separate cadre for kendra pramukhs. division bench has taken note of section 248 of the zilla parishads and panchayat samities act, 1961 and found that such matters are to be regulated by rules to be framed by the state government in accordance with ..... section 274 thereof. in paragraph no.12, it has found that it was necessary for the state government to make necessary amendments to rules after creation of ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Mumbai Nagpur - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: mumbai nagpur Page 1 of about 325 results (0.049 seconds)

Jul 19 2016 (HC)

Kashinath Vs. State of Maharashtra

Court : Mumbai Nagpur

..... the commission of cognizable offence. hence, the offence was registered against the appellant for the offence punishable under section 302, 307, 341, 294 of the ipc, section 3 read with section 25 of the arms act and section 3 and 4 of the explosive substances act. 1908 vide crime no.146/2011. the printed fir is at exh.27. as per the oral ..... pay a fine of rs.500/- in default to undergo further simple imprisonment for 15 days. he was also convicted for an offence punishable under section 3(a) of the explosive substances act and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of rs.1000/- in default to undergo further simple imprisonment for one ..... witnesses. after full fledge trial, the learned sessions judge found that the prosecution has only proved the case for the offence punishable under sections 302 and 324 of the ipc and section 3(a) of the explosive substances act. 6. we have heard mr. r.r. vyas, learned counsel for the appellant and mr. t.a. mirza, learned a. .....

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Dec 05 2015 (HC)

Vidarbha Taxpayers Association and Another Vs. State of Maharashtra, U ...

Court : Mumbai Nagpur

..... already discussed hereinabove, the authority would be empowered to levy fee only after a notification is published in the official gazette, as required under sub-section 1 of section 11 of the said act. undisputedly the notification is issued on 3.3.2014. by now, it is a settled principle of law that the authority would be empowered ..... buildings or group or complexes of buildings or slums are prone to frequent fire hazards. in slum areas, unscrupulous persons have been using premises for keeping hazardous explosives and highly inflammable goods. major fires in such buildings and slums have taken a heavy toll of human life and heavy damage to the property. the disaster ..... schedule ii. 23. however, in the present case, even prior to notification being issued under sub-section 1 of section 11 of the act of 2006, after the notification was issued under sub-section 3 of section 1 of the said act, the corporation has imposed and collected the fees at twice the rate as provided in schedule ii of .....

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Oct 29 2015 (HC)

Mallika Sherawat @ Reema Lamba Vs. State of Maharashtra and Another

Court : Mumbai Nagpur

..... of censor board and accordingly certificates were issued by the censor board. in case, any person is aggrieved by such certificate, remedy lies under section 5d of the cinematograph act. but then certification by the censor board, could not have been ignored and in the instant case, even by magistrate. the magistrate did not ..... the relevant paragraphs of the said judgment which read thus: 7. indeed, the penal code is general, the cinematograph act is special. the scheme of the latter is deliberately drawn up to meet the explosively expanding cinema menace if it were not strictly policed. no doubt, the cinema is a great instrument for public good ..... summons. the first question is answered against the appellant accordingly. ? 23. therefore, the position has now come to rest to the effect that the revisional jurisdiction under section 397 crpc is available to the aggrieved party in challenging the order of the magistrate, directing issuance of summons. ? 9. in view of above, following order .....

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Aug 27 2015 (HC)

Hindustan Petroleum Corporation Limited Vs. Sanjay Madhukar Mahakalkar

Court : Mumbai Nagpur

..... the town planning department. respondent-plaintiff instituted the suit for declaration that explosives licence issued by original defendant no. 1 to the applicant is illegal and that the applicant has no right to do business on the plots ..... violation of prescribed norms, hurriedly completed construction of petrol pump. not only this, but original defendants no. 1 and 2 (department of explosives) in the suit issued explosives licence to applicant blindly, without insisting upon applicant to adhere to the usual conditions of obtaining no objection certificates from the development authorities including ..... absence of cause of action, plaint is liable to be rejected. he also contends that suit is not maintainable in view of the provisions of section 34 of the specific relief act. learned counsel relied upon the following rulings: (1) state of punjab and ors v. gurdev singh (1991) 4 scc 1 (2) .....

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Jul 23 2014 (HC)

Laxman Jangu Madavi Vs. State of Maharashtra

Court : Mumbai Nagpur

..... , gadchiroli, in sessions case no.40/2009 is set aside. the appellant is acquitted of the offences punishable under sections 25(1)(1-b)(a) read with section 3 of the arms act and section 5(a) of the explosive substance act, 1908. he shall be released from prison, if not required in any other case. the appeal stands disposed of ..... appellant for the offence punishable under section 5(a) of the explosive substance act. it is also not necessary to examine the consent granted by the district magistrate under section 39 of the arms act for prosecution of the appellant for violation of section 3 of the act, punishable under section 25(1)(1-b) (a) of the act. 15. as far as ..... oral judgment: 1. the appellant is convicted for the offences punishable under sections 25(1)(1-b)(a) read with section 3 of the arms act and section 5(a) of the explosive substance act, 1984. he has been sentenced to suffer rigorous imprisonment for 2-1/2 years for the former offence and rigorous imprisonment for 5 years for .....

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Oct 10 2013 (HC)

Fimidabee W/O Abdul Gaffar and Others Vs. Kalim Khan S/O Aziz Khan and ...

Court : Mumbai Nagpur

..... admitted and therefore, it is not in dispute that the motor vehicle's battery was used for igniting the fuse of explosive. the question is whether such use was 'use of motor vehicle' as contemplated under section 165 of the act? broad definition of accident arising out of use of motor vehicle is given in subsection (1) of ..... to be a 'use of vehicle'. if the vehicle was not used for causing explosion, it cannot be said that the accident that took place was accident arising out of use of motor vehicle as defined in section 165. the claim petition under section 166 thus, was not maintainable. the learned chairman committed serious error in appreciating the ..... section 165 reads as under: 165 (1) : a state government may, by notification in the official gazette, constitute one or more motor accidents .....

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Jul 31 2013 (HC)

Bandopant S/O Shankarrao Mallelwar Vs. State of Maharashtra

Court : Mumbai Nagpur

..... in the districts of gadchiroli. fir no.3001 of 2013 was lodged under sections 13, 18, 39 of the unlawful activities (prevention) act, 1967 read with sections 4 and 5 of the explosives substances act and further read with sections 395, 143, 147, 148,149 and section 120-b of the indian penal code. 2) it is case of the ..... to attain their objectives, howsoever laudable they may be and those who have formed gangs or groups clandestinely to indulge in illegal acts and omissions for collection, transportation, distribution and use of illegal explosives, accessories, arms and ammunition are aided, assisted or helped by the local persons voluntarily or may be even involuntarily, which ..... the other hand the accused applicant and his brother also need to be thoroughly investigated. in my opinion, with stumbling block of section 43d (4) of the unlawful activities (prevention) act as barrier to the plea of the applicant for pre-arrest bail order, the only option for the applicant is to surrender himself .....

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Sep 12 2012 (HC)

Union of India, Owning and Representing the Central Railway Through th ...

Court : Mumbai Nagpur

..... in transit of goods except in an events like act of god, act of war, fire, explosion or any unforeseen reason. there is a proviso to section 73 which is relevant. it reads thus: provided that even where such loss, destruction, damage, deterioration or non-delivery ..... goods like stable bleaching powder. therefore, the tribunal was justified in negativing the defence of improper packing of consignment by the respondent. 9] section 73 of the indian railways act 1890 casts responsibility upon the railway administration as carrier of animals and of goods, for the loss, destruction, damage, deterioration or non delivery, ..... of damages due to fire, the railway administration is exempted from making good the loss and for that he relied upon the provisions of section 73(i) of the indian railways act 1989. 6] mr. dube, the learned counsel appearing for the respondent supported the order passed by the tribunal. 7] the first .....

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Sep 12 2012 (HC)

Union of India, Owning and Representing the Central Railway Through th ...

Court : Mumbai Nagpur

..... in transit of goods except in an events like act of god, act of war, fire, explosion or any unforeseen reason. there is a proviso to section 73 which is relevant. it reads thus: provided that even where such loss, destruction, damage, deterioration or non-delivery ..... packing goods like stable bleaching powder. therefore, the tribunal was justified in negativing the defence of improper packing of consignment by the respondent. 9] section 73 of the indian railways act 1890 casts responsibility upon the railway administration as carrier of animals and of goods, for the loss, destruction, damage, deterioration or non delivery, ..... of damages due to fire, the railway administration is exempted from making good the loss and for that he relied upon the provisions of section 73(i) of the indian railways act 1989. 6] mr. dube, the learned counsel appearing for the respondent supported the order passed by the tribunal. 7] the first .....

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Jul 27 2012 (HC)

Shri V.S. Bhanse Constable R.P.F. Dog Squad Vs. Union of India Through ...

Court : Mumbai Nagpur

..... worked ever since. their trainability has led to them being used over the centuries in roles varying from the simple barking burglar alarm to the detector of the contraband and explosives and in wars. 6. in this writ petition we are called upon to decide whether the petitioner who was the companion of the dog 'rover' for considerable period ..... acted negligently or recklessly due to which dog 'rover' received alleged serious injury and thereby causing dent to the 'close association' of dog and human-host. 7. we have perused the .....

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