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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: orissa Page 1 of about 3,724 results (0.062 seconds)

Feb 25 2014 (HC)

Sukhchand Adhikari Vs. State of Orissa

Court : Orissa

..... no.properly appreciated the evidence let in by the prosecution has arrived at the conclusion finding the appellant guilty of the offence under section 398 of ipc and under section 9 (b)(3)(a) of explosive act. it is also his submission that the evidence of prosecution witnesses are highly contradictory to each other and those contradictions are no. ..... nabarangpur in s.t. case no.39 of 2002. by the impugned judgment the appellant has been convicted for the offence under section 398 of ipc and section 9(b)(3)(a) of the explosive act and sentence to under go rigorous imprisonment for a period of 7 years with payment of fine of rs.5,000/- in default ..... the offences as stated above and sentencing him therein has acquitted the other accused rebati baroi. also this appellant has been acquitted of the charge under section 25, arms act. the state has no.challenged the said order of a acquittal as submitted by the learned additional government advocate the order of acquittal recorded against the .....

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Feb 14 2014 (HC)

State of Orissa Vs. Hazari Pradhan and Another

Court : Orissa

..... the learned assistant sessions judge, nayagarh in s.t case no.26/427 of 1993 acquitting the respondents from the charge u/s.457/395/ipc read with section 9 (b) of indian explosive substances act this appeal has been filed by the state.2. short case of the prosecution is that on the intervening night of 18/19.3.93 the respondents ..... to village akhuapadar about 10 years prior to his deposing in court. further it is there in the evidence of p.w.1 that it is his father who had acted as mediator in the said marriage. from this it is clear that the family of the informant knew respondents earlier and that has also been admitted in clear terms by .....

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Apr 15 2013 (HC)

Smt. Sumitra Dev and Others Vs. Sri Iswar Chandra Samal and Another

Court : Orissa

..... that the death of the deceased was not caused due to negligent driving of the driver of the offending vehicle. hence, the claim petition filed under section 166 of the act, 1988 is maintainable and the same needs to be adjudicated afresh. from the impugned order, this court finds that since the claim application of the appellant ..... appellant has specifically pleaded about the negligence 14 which was accepted by the tribunal in the light of the pleadings and of the evidence produced before it. the explosion took place inside the bus is an admitted fact and the usual police escort was not there. the high court, except observing that there was no negligence, ..... and negligent driving of the driver of the offending vehicle and the claimants are entitled to get compensation on the principle of no fault liability under section 140 of the m.v. act. therefore, he prayed for dismissal of the appeal.10. on the rival contentions raised by the parties, the only question that falls for consideration .....

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Jan 29 2013 (HC)

Praxair India Pvt. Ltd. Vs. Sub-collector and Sub-divisional Magistrat ...

Court : Orissa

..... m/s. z. engineers construction (p) ltd. v. bhubaneswar development authority and another, 2006 (ii) olr 27.and submits that under sub-section (8) of section 16 of the act, the petitioner shall be deemed to have received permission of the development authority and, therefore, the order passed by the sub-collector and the letter ..... from the concerned authority as well before construction of such gas plant. but without obtaining any building permission from the concerned authority, the petitioner constructed the explosive gas plant at its own sweet will.9. on the basis of the grievance petitions filed before the collector and the chief minister, which were ..... approvals for the construction of the pump fill station at the said land. the petitioner received the site lay out and construction approval from petroleum and explosives safety organization under the government of india in ministry of commerce and industry. the petitioner was granted consent to establish the pump fill station from .....

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Mar 28 2012 (HC)

Sri Bhramarabar Das, Sundargarh Vs. State of Orissa and ors.

Court : Orissa

..... for setting up of a crusher unit is about rs.20 to 25 lakhs. besides arranging finance from banks, for getting licence under the explosive act, pollution control act, sales tax/value added tax act etc. cumulatively it will take minimum 3 to 6 months time. rule 27 of the ommc rules, 2004 mandates that in case of renewal ..... quarry lease, mining leases or other mineral concessions in respect of minot minerals and for purposes connected therewith. in exercise of power conferred by sub-section (1) of section 15 of the act, 1957 the state government made the rules, 2004 for regulating grant of mineral concession in respect of minot minerals. chapter-vi of the said ..... competence or excessive delegation.11. the hon ble supreme court in the case of d.k.trivedi and sons & ors., (supra), held that sub-section (1) of section 15 is constitutional and valid and the rule-making power conferred thereunder upon the state government does not amount to excessive delegation of legislative power to the executive .....

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Sep 16 2010 (HC)

Balaram Rout. Vs. State of Orissa Rep.Principal and ors.

Court : Orissa

..... 93 read with entry 44 of list i. offences by persons who are holding high public and political office are governed by the prevention of corruption act under section 13 (1)(e) which statutory enactment was enacted from entry at sl. no. 1 & 2 of concurrent list iii of the seventh schedule. ..... the said writ petitions were dismissed by answering the points that arose for consideration in the said case with certain observation after striking down section 16 of the act. the said observations have been complied with by the state legislature by issuing the ordinance which was accepted by this court. thereafter the ..... explosive substance act, 1998, prevention of corruption act, 1988 apart from the prosecution under the respective statutes, the person concerned can be prosecuted under the prevention of money laundering act, 2002 as well as his property is liable to be confiscated. in this view of the matter, in the instant case, a person has been charged and prosecuted for violation of section .....

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Jul 21 2010 (HC)

Bimal Prasad SahayA. Vs. State of Orissa and Others.

Court : Orissa

..... occupants of suit no.1 and room nos.202 to 205, namely petitioner, and above said two persons and seven to eight unsocial elements, being armed with guns and explosive, fired gun shots in order to kill them. p.w.3 sustained gun shot injury on his right thigh. the accused persons also mercilessly assaulted the informant and his ..... cr.p.c. without considering other materials available on record.13. in rakesh and another (supra) it has been held that the word "evidence" occurring in sub-section (1) of section 319 of the cr.p.c. is used in a comprehensive and broad sense which would also include the materials collected by the investigating officer and the materials or ..... manas daspattanaik fired gun shots. on completion of investigation, charge-sheet was submitted against accused ananda rai only for commission of offences under sections 307 and 338 of the i.p.c. read with section 27 of the act.3. it appears that complaint case bearing i.c.c. no.62 of 2006 was filed in the court of learned s.d .....

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Jul 01 2009 (HC)

D. Dandasi Reddy Vs. State of Orissa

Court : Orissa

Reported in : 2009CriLJ4400

..... the dead persons was conducted. after investigation charge-sheet was submitted against the accused-appellant for commission of offence under sections 286, 337, 338, 427 and 302 of the indian penal code and under section 3 of the explosive substances act. after commitment the sessions case being s.c. no. 24/1994 (s.c. no. 21/94 g ..... prosecution was able to prove its case against the accused and convicted the accused for commission of offence under sections 286, 337, 338, 427 and 302 of the indian penal code and under section 3 of the explosive substances act. after hearing the 1st addl. sessions judge sentenced the accused-appellant to undergo imprisonment for life for ..... the offence under section 302 of the ipc and did not propose to pass any other sentences for other offences .....

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May 01 2009 (HC)

Orissa State Beverages Corporation Ltd. Vs. Union of India (Uoi) and o ...

Court : Orissa

Reported in : 108(2009)CLT33; [2009]19STJ357(NULL)

..... . in this respect mr. ray, placed reliance on the judgment of the hon'ble supreme court in the case of c.c.t., orissa and ors. v. indian explosives limited reported in : air2008sc1631 , whereby hon'ble supreme court came to hold as follows:the high court seems to have completely lost sight of the parameters highlighted by this ..... and directed that if the service tax amount and the education cess along with interest was deposited within 30 days of the order the penalty imposed under section 78 of the finance act, 1994 shall stand reduced to rs. 2,67,93,473 provided further that the reduced penalty is also deposited within 30 days from the communication of ..... of the goods remains always with the suppliers till the sale was effected by the petitioner to the retailers and therefore, no sale in terms of section 4(1) of the sale of goods act, 1930 took place between the petitioner and its suppliers.7. consequently, the commissioner came to hold that the petitioner has provided services to the .....

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Nov 24 2008 (HC)

Indian Aluminum Company Ltd. Vs. State of Orissa

Court : Orissa

Reported in : 2009(1)OLR51; [2009]91SCL119(NULL)

..... iv when the 'bulk premix' was transferred to its different branches for manufacture of 'bulk explosive'. this court held that the sales tax authorities were justified in demanding differential tax as provided in fifth proviso to section 5(1) of the act on the raw materials purchased by furnishing declaration form-iv by paying concessional tax at the ..... 2,17,812/. since the finished goods were sold by the branch of the petitioners as such, he held that the mischief of fifth proviso to section 5(1) of ost act was not attracted to that extent. but as regards to other despatches which were ultimately converted into plates of different sizes and thickness and sold by ..... within the state, the consequences indicated flow.7. in ici india ltd. (supra) this court also had occasion to interpret the fifth proviso to section 5(1) of the ost act. the question arose for consideration by this court was whether the dealer who purchased raw materials for manufacture/processing of 'bulk premix' for sale on .....

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