Array ( [0] => ..... on hire". wherever legislature wanted that a particular asset should be used for hire for claiming exemption, they have specifically mentioned this fact (e.g.section 32 of the income-tax act). in other cases, the term "commercial purposes" has been used to indicate that the asset should be used for the purpose of business and there ..... to be considered as an asset. however, any house used for residential or commercial purposes, which forms part of stock-in-trade is excluded from the definition. further, section 2(ea)(ii) provides that motor cars will be considered as 'assets' but motor cars, which are used by the assessee in the business of running them on ..... it was stated that there was no disallowance in the income-tax assessments on account of the personal user of the helicopter. our attention was invited on the language of section 2 (sic). this is reproduce here as under: "'assets', in relation to the assessment year commencing on the first day of april, 1993, or any subsequent assessment ..... [1] => ..... to the nature of the land. it statesthat the land in question is not agricultural landsand, therefore, could have been only distributed undersection 27 sub-section (9). now under the act, theland is distributed under section 27 of the act.section 27(1) reads as follows:-'27.(1) subject to any rules made inthis behalf, land (other than grazingland or tank land or land notified ..... ofmaharashtra and anr., reported in 1986 m.l.j. 528.this court upheld the decision of the tahsildar actingas chairman and held that this is recognised bysub-section (6) of section 2ao of the act. thecollector has further set aside the allotment on theground that the petitioner is not landless even thoughthe allotment order itself did not grant the lands tothe petitioner because ..... [2] => ..... petition, were owners of different pieces of agricultural lands situated in village pedhambe, taluka-chiplun, district-ratnagiri. by different notifications issued under section 4 of land acquisition act, 1894 between the years 1967 and 1970, the petitioners' lands admeasuring about 100 acres were sought to be acquired for the public purpose ..... , namely, koyna hydro electric project, stage iii works. thereafter, notifications were issued under section 6, compensation paid and possession taken between years 1968 and ..... it is submitted that different pieces of land situated in village pedhambe were acquired for koyna hydro electric project stage iii works under the land acquisition act, 1894. the acquired land was also used for construction of residential colony (bharada), roads, etc. and converted into non-agricultural use. after ..... [3] => ..... than 240 days in a year, preceding their termination, under an employer. what is continuous service has been defined and explained in section 25-b of the i.d. act. the expression in sub-section (1) of section 25-b that a cessation of work which is not due to any fault on the part of workmen requires to be considered ..... for the first respondent, at the outset, submitted that even 57 workmen out of 83 had also not completed 240 days of service as contemplated under section 25-b of the i.d. act. however, taking their attendance during 1990 which was continuous and that they had made themselves available for work, the first respondent took lenient view and ..... of the casual labour committee and only 26 workmen were once again terminated with effect from 1st july, 1990 without following the due procedure contemplated under section 25-f of the i.d. act. in his submission, prior to their reinstatement on 1st january, 1990 itself all 26 workmen had worked had worked for 240 days during the period ..... [4] => ..... in any other suit. the arrest, of the vessel while in indian waters by an order of the concerned high court, as defined under the merchant shipping act, 1958 (section 3(15)) attracts the jurisdiction of the competent court to proceed with the trial, as in the case of any other suit, as an action against the owner ..... judgment are material :--'assuming that the admiralty powers of the high courts in india are limited to what had been derived from the colonial courts of admiralty act, 1890, that. act having equated certain indian high courts to the high court of england in regard to admiralty jurisdiction, must be considered to have conferred on the former all ..... complement national statutes on the subject. in the absence of a general maritime code, these principles aid the courts in filling up the lacunae in the merchant shipping act and other enactments concerning shipping, 'procedure is but a handmaiden of justice and the cause of justice can never be allowed to be thwarted by any procedural ..... [5] => ..... valid and lawfully registered document or any decision pronounced by any court or judicial or quasi-judicial authority competent to pronounce such decision, certainly the authorities acting under sections 149 and 150 of the said code cannot ignore such application nor can refuse to carry out the mutation in accordance with the declaration of right ..... the revenue authorities under the said provisions of law is the issue of actual possession of the properties. in that respect also, the revenue officer acting under sections 149 and 150 of the said code while deciding the issue of possession has to give due credence to the documentary evidence and the person having ..... case of difficulty in ascertaining the right of the parties based on the document produced or on account of failure to produce documents, the revenue officers acting under section 150 of the said code can certainly decide about the issue of possession of the property and modify the entries accordingly in the register of mutations. ..... [6] => ..... set out in sub-section (2) of section 149 of the act. in this appeal, by the insurance company, the substantial grounds are :(a) that the subject accident did not involve the jeep (trax) and it was in fact ..... . shri upadhye, the learned counsel appearing for the insurance company, submitted that the multiplier ought to have been between 8 to 11 as per the schedule provided under section 163-a of the act.however, in view of the decision of the apex court in the case of national insurance company ltd. (supra), this ground of challenge is not available to the ..... , reported in a.i.r. 2002 s.c.w. 3899, a three judge bench of the apex court has laid down the parameters governing an appeal filed under section 173 of the act at the instance of the insurance company and it has been, inter alia, held that the said appeal could be filed only on any or more of the grounds ..... [7] => ..... by the first additional sessions judge, gondia, in sessions trial no. 7 of 1998, convicting the present appellant (hereinafter referred to as 'accused') for an offence punishable under section 376 of indian penal code and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of rs. 1,000/- and in default of payment of ..... each ingredient of the offence it seeks to establish and that such onus never shifts. it was, therefore, incumbent on it to make out that all the ingredients of section 375 of the indian penal code were present in the case of the sexual intercourse attributed to ganpat appellant.' 12. in my view, though the accused had come with ..... applies. i find that in such a case the possibility of consent cannot be ruled out and an element of doubt creeps into the case of the prosecution whether the act of sexual intercourse was forcible and without the consent of imlabai. the benefit of such doubt will have to go to the accused.13. in the result, criminal ..... [8] => ..... summary manner, both the defendants are entitled to unconditional leave to defend the suit. the learned counsel appearing for the plaintiff relies on the provisions of section 19 of the indian contract act and following judgments:-i. judgment of the allahabad high court in the case of gaya prasad and others v. babu ram and another : air1928all387 ; ..... payment made by the drawer will not extend the period of limitation as against the acceptor.4. now, the relevant provisions are section 19, and sub-section (2) of section 20 of the limitation act. they read as under:-19. effect of payment on account of debt or of interest on legacy.-where payment on account of a ..... period of limitation gives a fresh period of limitation. perusal of the provisions of sub-section (2) of section 20 of the limitation act shows that the purpose of the provisions is to explain what is contained in section 19 and sub-section (2) of section 20 in terms lays down that if one of the several persons liable makes payment, ..... [9] => ..... 15, 1983 and on december 1, 1983 the petitioner's services were terminated. it will not be out of place to make reference to section 13-a of the act of 1946 which provides remedy to the probationer to refer the question of not making him permanent on expiry of the probation period to the post ..... respondent-company. the relevant observations in the judgment of kamal kishore lakshman (supra) reads thus : (1987)illj107sc :'10. retrenchment as defined in section 2(oo) of the industrial disputes act as held by this court in several cases means termination of service for any reason whatsoever otherwise than punishment inflicted by way of disciplinary action and ..... was no charge-sheet or there was no enquiry held before the order of, discharge simpliciter was passed or there was no compliance with section 25-f of the i.d. act. the law requires the employer to justify the action of discharge simpliciter either on the ground of confidence or unsatisfactory performance before the adjudicating ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Mumbai - Year 2003 - Page 47 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: mumbai Year: 2003 Page 47 of about 486 results (0.031 seconds)

Jan 21 2003 (TRI)

Garware Wall Ropes Ltd. Vs. Addl. Cit, Spl. Rg. 26

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jan-21-2003

Reported in : (2004)89ITD221(Mum.)

..... on hire". wherever legislature wanted that a particular asset should be used for hire for claiming exemption, they have specifically mentioned this fact (e.g.section 32 of the income-tax act). in other cases, the term "commercial purposes" has been used to indicate that the asset should be used for the purpose of business and there ..... to be considered as an asset. however, any house used for residential or commercial purposes, which forms part of stock-in-trade is excluded from the definition. further, section 2(ea)(ii) provides that motor cars will be considered as 'assets' but motor cars, which are used by the assessee in the business of running them on ..... it was stated that there was no disallowance in the income-tax assessments on account of the personal user of the helicopter. our attention was invited on the language of section 2 (sic). this is reproduce here as under: "'assets', in relation to the assessment year commencing on the first day of april, 1993, or any subsequent assessment .....

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Jan 20 2003 (HC)

Shakuntala Arjun Pawar Vs. State of Maharashtra Through Its Secretary, ...

Court : Mumbai

Decided on : Jan-20-2003

Reported in : 2003(1)ALLMR1152; 2003(3)BomCR56; 2003(2)MhLj413

..... to the nature of the land. it statesthat the land in question is not agricultural landsand, therefore, could have been only distributed undersection 27 sub-section (9). now under the act, theland is distributed under section 27 of the act.section 27(1) reads as follows:-'27.(1) subject to any rules made inthis behalf, land (other than grazingland or tank land or land notified ..... ofmaharashtra and anr., reported in 1986 m.l.j. 528.this court upheld the decision of the tahsildar actingas chairman and held that this is recognised bysub-section (6) of section 2ao of the act. thecollector has further set aside the allotment on theground that the petitioner is not landless even thoughthe allotment order itself did not grant the lands tothe petitioner because .....

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Jan 17 2003 (HC)

Raghunath Abajirao Shinde (Lt. Co.) and ors. Vs. State of Maharashtra ...

Court : Mumbai

Decided on : Jan-17-2003

Reported in : 2003(1)ALLMR860; 2003(2)BomCR469

..... petition, were owners of different pieces of agricultural lands situated in village pedhambe, taluka-chiplun, district-ratnagiri. by different notifications issued under section 4 of land acquisition act, 1894 between the years 1967 and 1970, the petitioners' lands admeasuring about 100 acres were sought to be acquired for the public purpose ..... , namely, koyna hydro electric project, stage iii works. thereafter, notifications were issued under section 6, compensation paid and possession taken between years 1968 and ..... it is submitted that different pieces of land situated in village pedhambe were acquired for koyna hydro electric project stage iii works under the land acquisition act, 1894. the acquired land was also used for construction of residential colony (bharada), roads, etc. and converted into non-agricultural use. after .....

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Jan 17 2003 (HC)

Bharatiya Dak Tar Mazdoor Manch Through Its President Vs. General Mana ...

Court : Mumbai

Decided on : Jan-17-2003

Reported in : 2003(3)ALLMR950; 2003(4)BomCR189

..... than 240 days in a year, preceding their termination, under an employer. what is continuous service has been defined and explained in section 25-b of the i.d. act. the expression in sub-section (1) of section 25-b that a cessation of work which is not due to any fault on the part of workmen requires to be considered ..... for the first respondent, at the outset, submitted that even 57 workmen out of 83 had also not completed 240 days of service as contemplated under section 25-b of the i.d. act. however, taking their attendance during 1990 which was continuous and that they had made themselves available for work, the first respondent took lenient view and ..... of the casual labour committee and only 26 workmen were once again terminated with effect from 1st july, 1990 without following the due procedure contemplated under section 25-f of the i.d. act. in his submission, prior to their reinstatement on 1st january, 1990 itself all 26 workmen had worked had worked for 240 days during the period .....

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Jan 16 2003 (HC)

Sierra International Shipping Corpn. Vs. M.V. Umka and ors.

Court : Mumbai

Decided on : Jan-16-2003

Reported in : AIR2003Bom265; 2003(2)ALLMR37; 2003(6)BomCR723

..... in any other suit. the arrest, of the vessel while in indian waters by an order of the concerned high court, as defined under the merchant shipping act, 1958 (section 3(15)) attracts the jurisdiction of the competent court to proceed with the trial, as in the case of any other suit, as an action against the owner ..... judgment are material :--'assuming that the admiralty powers of the high courts in india are limited to what had been derived from the colonial courts of admiralty act, 1890, that. act having equated certain indian high courts to the high court of england in regard to admiralty jurisdiction, must be considered to have conferred on the former all ..... complement national statutes on the subject. in the absence of a general maritime code, these principles aid the courts in filling up the lacunae in the merchant shipping act and other enactments concerning shipping, 'procedure is but a handmaiden of justice and the cause of justice can never be allowed to be thwarted by any procedural .....

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Jan 16 2003 (HC)

Shrikant R. Sankanwar and ors. Vs. Krishna Balu Naukudkar

Court : Mumbai

Decided on : Jan-16-2003

Reported in : 2003(1)ALLMR1161; 2003(3)BomCR45; 2003(2)MhLj276

..... valid and lawfully registered document or any decision pronounced by any court or judicial or quasi-judicial authority competent to pronounce such decision, certainly the authorities acting under sections 149 and 150 of the said code cannot ignore such application nor can refuse to carry out the mutation in accordance with the declaration of right ..... the revenue authorities under the said provisions of law is the issue of actual possession of the properties. in that respect also, the revenue officer acting under sections 149 and 150 of the said code while deciding the issue of possession has to give due credence to the documentary evidence and the person having ..... case of difficulty in ascertaining the right of the parties based on the document produced or on account of failure to produce documents, the revenue officers acting under section 150 of the said code can certainly decide about the issue of possession of the property and modify the entries accordingly in the register of mutations. .....

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Jan 16 2003 (HC)

New India Assurance Co. Ltd. Vs. Shreelata Mohanrao Tupkar and ors.

Court : Mumbai

Decided on : Jan-16-2003

Reported in : I(2004)ACC539; 2003(4)ALLMR302; 2004(2)BomCR462

..... set out in sub-section (2) of section 149 of the act. in this appeal, by the insurance company, the substantial grounds are :(a) that the subject accident did not involve the jeep (trax) and it was in fact ..... . shri upadhye, the learned counsel appearing for the insurance company, submitted that the multiplier ought to have been between 8 to 11 as per the schedule provided under section 163-a of the act.however, in view of the decision of the apex court in the case of national insurance company ltd. (supra), this ground of challenge is not available to the ..... , reported in a.i.r. 2002 s.c.w. 3899, a three judge bench of the apex court has laid down the parameters governing an appeal filed under section 173 of the act at the instance of the insurance company and it has been, inter alia, held that the said appeal could be filed only on any or more of the grounds .....

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Jan 16 2003 (HC)

Sewakram S/O Jangali Tembhare Vs. State of Maharashtra

Court : Mumbai

Decided on : Jan-16-2003

Reported in : 2003(2)ALD(Cri)52; 2003BomCR(Cri)1663; 2003(3)MhLj19

..... by the first additional sessions judge, gondia, in sessions trial no. 7 of 1998, convicting the present appellant (hereinafter referred to as 'accused') for an offence punishable under section 376 of indian penal code and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of rs. 1,000/- and in default of payment of ..... each ingredient of the offence it seeks to establish and that such onus never shifts. it was, therefore, incumbent on it to make out that all the ingredients of section 375 of the indian penal code were present in the case of the sexual intercourse attributed to ganpat appellant.' 12. in my view, though the accused had come with ..... applies. i find that in such a case the possibility of consent cannot be ruled out and an element of doubt creeps into the case of the prosecution whether the act of sexual intercourse was forcible and without the consent of imlabai. the benefit of such doubt will have to go to the accused.13. in the result, criminal .....

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Jan 15 2003 (HC)

Hemmo Pharma Vs. Dawood Shoes Pvt. Ltd. and anr.

Court : Mumbai

Decided on : Jan-15-2003

Reported in : 2003(3)BomCR781

..... summary manner, both the defendants are entitled to unconditional leave to defend the suit. the learned counsel appearing for the plaintiff relies on the provisions of section 19 of the indian contract act and following judgments:-i. judgment of the allahabad high court in the case of gaya prasad and others v. babu ram and another : air1928all387 ; ..... payment made by the drawer will not extend the period of limitation as against the acceptor.4. now, the relevant provisions are section 19, and sub-section (2) of section 20 of the limitation act. they read as under:-19. effect of payment on account of debt or of interest on legacy.-where payment on account of a ..... period of limitation gives a fresh period of limitation. perusal of the provisions of sub-section (2) of section 20 of the limitation act shows that the purpose of the provisions is to explain what is contained in section 19 and sub-section (2) of section 20 in terms lays down that if one of the several persons liable makes payment, .....

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Jan 15 2003 (HC)

Amy N. Irani Vs. Makers Development Services (P) Ltd. and anr.

Court : Mumbai

Decided on : Jan-15-2003

Reported in : 2003(2)ALLMR52; 2003(3)BomCR785; [2003(97)FLR938]; (2003)IILLJ847Bom

..... 15, 1983 and on december 1, 1983 the petitioner's services were terminated. it will not be out of place to make reference to section 13-a of the act of 1946 which provides remedy to the probationer to refer the question of not making him permanent on expiry of the probation period to the post ..... respondent-company. the relevant observations in the judgment of kamal kishore lakshman (supra) reads thus : (1987)illj107sc :'10. retrenchment as defined in section 2(oo) of the industrial disputes act as held by this court in several cases means termination of service for any reason whatsoever otherwise than punishment inflicted by way of disciplinary action and ..... was no charge-sheet or there was no enquiry held before the order of, discharge simpliciter was passed or there was no compliance with section 25-f of the i.d. act. the law requires the employer to justify the action of discharge simpliciter either on the ground of confidence or unsatisfactory performance before the adjudicating .....

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