Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: mumbai Year: 2003 Page 3 of about 486 results (0.087 seconds)

Mardia Chemicals Ltd. Vs. Commissioner of Customs and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... appeals were dismissed. hence these appeals before the tribunal.4. the grievance of the appellants is that the orders passed on their applications for waiver in terms of section 35f of the central excise act, 1944 were ex-parte orders without affording them any opportunity of personal hearing; that their modification applications on the ground inter alia that they had appealed to .....

Narendra Kantilal Shah Vs. Joint Registrar, Co-operative Societies (Ap ...

Court : Mumbai

Reported in : AIR2004Bom166; 2004(1)ALLMR798; II(2004)BC585; 2004(1)BomCR707; 2004(1)MhLj704

..... are concerned, though the parliament enacted multi-state co-operative societies act in 1984 and section 74 of that act made provision for settlement of disputes which provided for recovery of dues by the co-operative societies including the co-operative bank registered under ..... to recovery of dues of the banks. however, as noted above, so far as the co-operative banks are concerned, section 91 of the maharashtra co-operative societies act and section 101 of the 1960 act were available and the banks were approaching those forum for recovery of their dues. insofar as multi-state co-operative societies ..... of attachment issued pursuant thereto. it appears that the recovery certificate has been issued by the asst. registrar in exercise of his power under section 101 of the 1960 act on the application made by the jankalyan sahakari bank ltd., which was joined as respondent no. 3 in that writ petition. when that petition .....

Awdhesh Narayan K. Singh Vs. Adarsh Vidya Mandir Trust and anr.

Court : Mumbai

Reported in : 2004(1)ALLMR346; 2004(3)BomCR669; 2004(1)MhLj676

..... than provided by law, though well settled and well established, does not apply to the rules in question.56. vanmala has also placed reliance on sub-section (6) of section 4 of the act, a parent provision, and observed that 'it is couched in negative words'. it prohibits, inter alia, the suspension of an employee of a private ..... to suspend an employee, he shall be suspended only with the prior approval of the appropriate authority. at this stage we may note that sub-section (6) of section 4 of the act lays down that no employee of a private school shall be suspended, dismissed or removed or his service shall not be otherwise terminated or he ..... employees of private schools (conditions of service) rules, 1981 (hereinafter referred to as 'the rules'.). the rules have been previously published as required by sub-section (3) of section 16 of the act. 'chief executive officer' is defined in clause (c) of rule 2 as the secretary, trustee, correspondent or a person by whatever name called who is .....

iridium India Telecom Ltd. Vs. Motorola Inc. and ors.

Court : Mumbai

Reported in : 2004(1)ALLMR418; 2004(1)BomCR479

..... kessowli issur v. great indian peninsule railway company, reported in i.l.r. 31 bom. 381, for the observations therein on the phrase. 'if the appellate court requires' occurring in section 568 of the then prevalent civil procedure code of 1882, which phrase is similar to the phrase occurring in rule 27(1)(b) of the civil procedure code of 1908, namely that the appellate ..... merits had been heard, and the evidence as it stood had been examined by the judges, but on special and preliminary application. this is important, because the legitimate occasion for section 568 is when, on examining the evidence as it stands, some inherent lacuna or defect becomes apparent, not where a discovery is made, outside the court, of fresh evidence and .....

Maharashtra State Road Transport Corporation and ors. Vs. Manda Wd/O L ...

Court : Mumbai

Reported in : II(2004)ACC863; 2004ACJ1602; 2004(2)ALLMR401; 2004(2)MhLj657

S.T. Kharcje, J.1. This appeal is directed against the Award dated 30-11-1992 passed by the Motor Accident Claims Tribunal in Claim Petition No. 30 of 1990 granting compensation of Rs. 1,62,000/- with interest at the rate of 12% per annum from the date of the petition till realisation in favour of respondents/claimants 1 to 5.2. Brief facts are as under:The accident occurred on 19-10-1989 at about 7-10 p.m. on Akot Akola road near Vallabhnagar. The deceased by name Laxmanrao Namdeorao Deshmukh was travelling in the S.T. Bus bearing No. MWY 9729 and he was going to Akot. When the S.T. Bus reached near the spot of accident, the truck, bearing No. MTV 2682 came from the opposite direction and there was a head-on collision between these two vehicles, as a result of which Laxman and others succumbed to the injuries sustained by them in the accident. The respondents No. 1 to 5 are the legal representatives of the deceased. They had filed claim petition against the owner, driver and Insurer o...

Ushabai W/O Sharadchandra Bannore Vs. Wasudeo S/O Baliramji Mehare and ...

Court : Mumbai

Reported in : 2004(2)MhLj594

..... in the case of ram kishore sen and ors. v. union of india, : [1966]1scr430 wherein it has been held in para 12 that, 'it is true that section 83 of the evidence act provides that the court shall presume that the maps or plans purporting to be made by the authority of the central govt. or any state govt. were so ..... court is of the considered opinion that this is a fit case which deserves to be remanded to the trial court for fresh decision according to law.5. section 83 of the indian evidence act, 1872 lays down that the court shall presume that the maps or plans purporting to be made by the authority of the central govt. or any state ..... must be proved to be accurate. the presumption of accuracy can thus be drawn only in favour of the maps which satisfy the requirements prescribed by the first part of section 83. exh.a-1 obviously does not fall under the category of the said map and so there can be no question of drawing any presumption in favour of the .....

Mohanlal M. Patel Vs. Dy. Cit

Court : Mumbai

Reported in : (2004)90TTJ(Mumbai)57

..... 1-4-1988 to 6-10-1998, which is the date on which a search of the premises of the assessee, mohanlal patel, took place under section 132 of the act. on 29-12-1998, in continuation of the search, locker no. 415 in development credit bank, jointly operated by the assessee and his son pankaj ..... hand, the learned commissioner (departmental representative), mr. udayakumaran, contended as follows :(a) that so far as enforceability of the 'hundies' is concerned, section 20 of the negotiable instruments act gives statutory recognition to the mercantile practice of executing blank papers to be afterwards filled as bills of exchange and hence even an incomplete promissory note is ..... respect of them. he also adverted to the fact that there were complaints filed against nilesh shah by the assessee and his group concerns under section 138 of the negotiable instruments act (for dishonour of cheques) which coupled with the statement of nilesh shah that the cash deposits in the bank account were made by the .....

Mahipal Battulal JaIn Vs. Union of India (Uoi) Through the General Man ...

Court : Mumbai

Reported in : 2004(2)ALLMR45; (2004)106BOMLR943

..... railway administration would arise in case of luggage booked and lost in transit and it would be governed by section 100 of the act and not by section 103 of the act.13. it is not in dispute that there was non-delivery of the luggage to the appellant and, therefore, it is obvious ..... there is a condition printed on the reverse of the luggage ticket which reads, 'liability of the respondent that the luggage booked is governed under section 100 of the railways act, 1989.' the respondent/railway administration by printing such condition on the reverse of the luggage ticket itself has impliedly admitted that the liability of the ..... and there is a printed condition on the luggage ticket showing therein that the liability of the railway administration for the luggage booked is governed under section 100 of the act. he, therefore, contended that the railway administration is liable to pay the entire amount of compensation including the value of the luggage which has been .....

Mukta Arts Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(167)ELT85Tri(Mum.)bai

..... to pay service tax on the total amount of receipt from the various manufacturers of the goods whose product has been advertised, in terms of provisions of section 65(3) of chapter v of finance act, 1994. it has been held by the lower authorities that the definition of "advertising agency" is very wide and includes any commercial concern engaged in providing .....

Percept D'Mark (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.

Court : Mumbai

Reported in : 2004(1)ALLMR384; 2004(2)BomCR47; (2006)5CompLJ271(Bom)

..... first offered to the existing members, in the manner provided in the articles. such clauses has a statutory recognition under clause (iii) of sub-section (1) of section 3 of the companies act, 1956. similar clause is also sometimes found in a conveyance whereby vendee or the purchaser of the property agrees to resell it to the ..... to consider whether the negative stipulation contained in paragraph no. 14 of the 1993 agreement being in restraint of trade was void under provisions of section 27 of the contract act. the supreme court noted that in england in earlier times, all contracts in restraint of trade, whether general or partial were void but the ..... learned counsel for the respondents contend that clause no. 31(b) of the promotion agreement dated 1st november, 2000 being in restraint of trade is void under section 27 of the contract act. they strongly rely upon the judgment of the supreme court in niranjan shankar golikari v. century spinning and mfg. co. ltd., reported in : (1967 .....