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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: orissa Page 17 of about 3,724 results (0.168 seconds)

May 07 2010 (HC)

Ajay Bali Vs. Lal Mohan Singh

Court : Orissa

Reported in : 110(2010)CLT2

..... ) which signifies or imports any such acknowledgment, & whether the same is or is not signed with the name of any person;(emphasis supplied)10. section 26 of the negotiable instruments act (in short, 'the act') provides that every person capable of contracting, according to the law to which he is subject, may bind himself & be bound by the making, ..... son on his behalf by signing on the revenue stamp, the court below should have taken into consideration the said fact in view of section 188 of the indian contract act. the said section provides that an agent purporting to collect money on behalf of the principal amounts to collection by the principal. the principal can show that ..... be a collection of that amount by the principal. since the son of the opp. party has already received that amount as an agent, as per section 188 of the contract act, it amounts to collection by the principal & since the judgment-debtor has proved the said fact, the judgment-debtor has to prove that the said collection .....

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May 06 2010 (HC)

M/S. Indian Metals and Ferro Alloys Ltd. and anr. Vs. State of Orissa ...

Court : Orissa

..... out the words "so however, that such notifications shall be without prejudice to the validity of any electricity duty levied or collected under the notifications," from section 3(ii)of the act.3. opp. parties 1 and 2 in their joint counter affidavit contended that the impugned impost being on consumption of electrical energy, it is covered under ..... under entry 53 list-ii of the vii schedule of the constitution of india.7. next, it was submitted by learned counsel for the petitioners that section 3 of the act empowers the state government to impose electricity duty at such rate not exceeding 25 paise per unit by issuing notification fromtime to time. by invoking power under ..... the apex court in para 22 of their judgment held as follows:"in the instant case, it would be noticed that sub-section (6) of section 3 of the act merely provides that every order made under section 3 by the central government or by any officer or authority of the central government shall be laid before both houses of .....

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May 05 2010 (HC)

Sk. Faiyaz. Vs. State of OrissA.

Court : Orissa

..... chemical examination. in siba bahadur thapa v. state of orissa : 1997 cri.l.j.3487 it was held that non-compliance of the provisions under section 57 of the n.d.p.s. act to send a full report within 48 hours to the immediate official superior by the officer effecting the search and seizure affects the veracity of such ..... it was held by this court that non-production of the seized articles before the officer-in-charge of the nearest police station in contravention of section 52 (3) of the n.d.p.s. act, non-production of the seal for comparison during trial and failure the report regarding detection the superior authority without any explanation created doubt relating to ..... of tampering with the seal put on the sample packet could not be ruled out. it was further held that non-compliance of the provision under section 52 of the n.d.p.s. act in not depositing the seized articles with the officer- in-charge of the nearest police station also creates suspicion. in kanduri charan mohanty v. state .....

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May 05 2010 (HC)

State of OrissA. Vs. Kunda @ Bhatua LakrA.

Court : Orissa

..... on record, it is evident that the accused- opposite party is the assailant.8. now, the question is whether the act committed by the accused-opposite party comes within the purview of section 302, ipc or section 304 part-i, ipc. on scanning the evidence of p.w.8, it is found that due to sudden altercation the ..... state defence counsel. proper cross-examination of the witnesses was also carried out on behalf of the learned defence counsel. while recording the statement of the accused under section 313, cr.p.c., a specialist teacher from the school for deaf and dumb, sundargarh was engaged by the trial court as an interpreter. although he ..... his oral report to writing, registered the case and took up investigation. upon completion of investigation, the i.o. submitted charge-sheet against the accused-opposite party under section 302, ipc.3. in course of trial, to bring home the charge, prosecution examined as many as eleven witnesses including the doctor and exhibited 14 documents. defence .....

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May 04 2010 (HC)

Gopal Choudhury. Vs. State of OrissA.

Court : Orissa

..... .30 a.m., vide the f.i.r. ext.1. on receipt of the f.i.r., police registered a case under sections 498-a, 304-b, 302/34 i.p.c. read with section 4 of the d.p. act and on the requisition of the police, inquest was done in presence of the executive magistrate. after completion of investigation, charge sheet ..... were congested. blood clots were present near the fracture side of hyoid bone. both the lungs were intact and deeply congested and there was exudation of bloody fluid from cross section of both lungs. the tongue bruised. blood clot was found on the tip of tongue. regarding cause of death, the doctor opined that it was asphyxia due to throttling and .....

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Apr 05 2010 (HC)

Shri Debendra Pradhan Vs. State of Orissa and Three ors.

Court : Orissa

Reported in : 2010(I)OLR913

..... it is well founded. hence, the impugned circular cannot be enforced. having said so, we place reliance upon the definition 'cinema' as indicated in section 2(a) of the orissa cinemas (regulation) act, 1954, which is an inclusive definition, which includes the video parlour in addition to the cinema houses, which are governed by the provision of the ..... can no doubt be issued though we are not satisfied. the submission is made placing reliance on section 2(a). it is open to the collector to examine the definition of 'cinema' as provided under section 2(a) of the 1954 act and whether cinema includes video parlour may also be examined keeping in view that video parlours came ..... into being long after the act 1954 was enacted. it includes the video parlour or not can be examined by him .....

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Mar 31 2010 (HC)

Divisional Manager, Oriental Insurance Company Ltd. Vs. Tushar Ranjan ...

Court : Orissa

Reported in : 110(2010)CLT14

..... in such a case of cancellation of the insurance policy, the vehicle itself is damaged, the owner cannot claim compensation for the damage suffered by himself. section 149 of the act is a benevolent provision. it has been enacted only with an intention to protect the innocent pedestrians, who uses the public road against the risk of ..... of insurance would arise only after payment of premium, if such payment has been made, in a continuous process to the insurance policy taking effect. section 64vb of the insurance act reads as under:64-vb. no risk to be assumed unless premium is received in advance- (1) no insurer shall assume any risk in ..... insurance company by drawing attention of the court to the provisions of section 2 of the indian contracts act, 1972 (act 9 of 1972), (hereinafter referred to as 'contract act' for brevity) & section 64-vb of the insurance act, 1938 (act 4 of 1938) (hereinafter referred to as 'insurance act' for brevity), contended that when the premium has not been paid, .....

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Mar 26 2010 (HC)

M/S. Reliance Industries Ltd. Vs. State of Orissa and ors.

Court : Orissa

..... , at present the writ application has become in fructuous.4. there is no dispute that the petitioner had submitted an application under sub- section (4) of section 25-o of the act for grant of permission to close the industry with effect from 6.2.2009. the said petition was rejected and permission was refused by ..... mandatory and the settlement arrived at between the employer and the workmen in course of conciliation proceedings would not prevail over statutory requirements under section 25-n and section 25-o of the act. when initially the prayer for closure was turned down by the appropriate government, the reasons indicate that it would result in unemployment to ..... fit and proper."2. as it appears from the averments made in the writ application, the petitioner had submitted an application under sub-section (4) of section 25-o of the industrial disputes act, 1947 for permission of intended closure of the petitioner-industry with effect from 6.2.2009 on the grounds mentioned in the petition. .....

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Mar 23 2010 (HC)

Jagannath Minerals and anr. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 109(2010)CLT782

..... patel & co. and ors. v. hirubhai hirubhai patel and ors. reported in : (2000) 4 scc 368. the apex court while considering the provisions under section 39 of the partnership act, 1932 held that breach of agreement & conduct destructive of mutual confidence, give rise to a ground for dissolution of a partnership. the factual background of the said ..... into a new partnership with the heir of the deceased partner, but that would constitute a new partnership. in this light section 31 of the partnership act falls in line with section 42 thereof. that section only recognizes the validity of a contract between the partners to introduce a third party without the consent of all the existing ..... v. seth govindram sugar mills (in both the appeals) reported in : air 1966 sc 24 it was held as follows:a combined reading of sections 42 & 31 of the partnership act, according to the learned counsel, would lead to the only conclusion that two partners of a firm could by agreement induct a third person into the .....

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Mar 23 2010 (HC)

M/S. Tulasidas Modi and ors. Vs. Union of India and ors.

Court : Orissa

..... be as in paragraph 5 of the annexure to the said order which, inter alia, provided that the state governments shall issue an order under section 3 of the act for regulating the sale and distribution of the essential commodities. in pursuance of powers delegated under paragraph-5 of the annexure, the orissa public distribution ..... as may be specified by the central government. the orissa pds order 2002 and 2008 have been issued in exercise of powers conferred by section 3 of the essential commodities act. it is further stated in the counter affidavit that the agreement between the petitioner and the oil companies does not exempt him from licensing requirement ..... that the food supplies and consumer welfare department of the government of orissa issued a notification on 13.3.2008 in exercise of powers conferred under section 3 of the essential commodities act, 1955 (10 of 1955) read with paragraph 5 of the annexure to the public distribution system (control) order, 2001 published in the gazette .....

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