Court : Punjab and Haryana
..... assessee? 10. taking up first issue, it may be noticed that section 2(14) of the act defines "capital asset" whereas section 45 of the act is the charging section in regard to capital gains. section 48 of the act provides for mode of computation of capital gains. before delving into the ..... like conditions, blockades, embargoes, insurrection, governmental direction, riots, strikes, acts of terrorism, civil commotion, lock outs, sabotage, plagues or other epidemics, acts of god including fire, floods, volcanic eruptions, typhoons, hurricanes, storms, tidal waves, earthquake, landslides, lightning, explosions, and other natural calamities, prolonged failure of energy, court orders/injunctions, ..... complete their title. the said 'sa/gpa/will transactions' may also be used to obtain specific performance or to defend possession under section 53a of tp act. if they are entered before this day, they may be relied upon to apply for regularization of allotments/leases by development authorities .....
Tag this Judgment!Court : Punjab and Haryana
..... of this document" high court chandigarh of ` 500/- each and in default of payment of fine each of them were ordered to undergo ri for four months under section 7 of the act. briefly, the facts of the case are that on 30.11.1995, lakhvir singh, officer incharge of the police station gobindgarh accompanied by si sukhdev singh, asi ..... record of this case by way of criminal miscellaneous no.56302 of 2005, the cbi has concluded in its recommendation clause (iv) that the dy. chief controller of explosives, chandigarh may be directed to take action against all offenders i.e.s/sh. anil kumar ghai @ neelu, rajesh thor etc.for the commission of offences under petroleum ..... that the oil recovered by the investigating agency at the behest of the appellants herein was not spurious or contaminated so as to fall within the contravention of section 7 of the act and, therefore, in the absence of any evidence coming forth on record i find it difficult to agree with the finding recorded by the trial court so .....
Tag this Judgment!Court : Punjab and Haryana
..... mechanism was found defective.the cartridge found from it was a live cartridge. live cartridge is an explosive within the meaning of section 5 of the tada act. therefore, even if evidence regarding possession of pistol by suleman is ignored, his conviction under section 5 can be sustained. we see no reason to doubt the evidence of pws. 2, 3 ..... , which was visible from all sides like railway line, nawanshahr and there was one kacha rasta near point-a and also it was a religious place. section 25 of the arms act has been added later on, whereas, the recovery of .32 bore revolver along with two cartridges was made from dub of co-accused manjit singh alias kala ..... the accused as well as public prosecutor, both the accused were found guilty and they were convicted by the trial court for offence under sections 399/402 ipc and under section 25 of the arms act vide judgment dated 17.04.2012 and were sentenced as mentioned herein above. aggrieved by the said judgment of the trial court, the accused .....
Tag this Judgment!Court : Punjab and Haryana
..... rdx powder. on commitment of the case, the trial court framed charges against the appellant for offence under section 4/5 of explosive substances act, 1908 (for short 'the act'). jitender kumar 6. charges under two heads for offences under sections 4 2014.08.02 16:16 i attest to the accuracy and integrity of this document chandigarh cra-s- ..... witnesses in supports of its case.7. the appellant was examined under section 313 cr.p.c. and he denied all the incriminating circumstances appearing in ..... 387-sb of 2008 -3- and 5 of the explosive substances act, 1908 (for short referred to as 'the act') were framed against the appellant. the prosecution examined ten .....
Tag this Judgment!Court : Punjab and Haryana
..... 6.2014 (annexure p-16).similar recommendations have been made by national highways authority of india as well. it is the petitioner's case that petroleum and explosives safety organization, government of india has decided to stop un- interrupted supply of ammonium nitrate from 31.07.2014 and if it is so happens, the petitioner ..... . keeping in view the fact that the petitioner has already approached the competent authority, namely, union of india to accord necessary permission under the forest (conservation) act, 1980, we dispose of this writ petition without expressing any views on merits, with a direction to the firs.respondent to take appropriate decision in accordance with ..... within a period of one month from the date of receiving a certified copy of this order. the petitioner may also meanwhile approach the petroleum and explosives safety organization to continue the un-interrupted supply of ammonium nitrate till the ministry of kumar mohinder 2014.07.28 13:37 i attest to the accuracy .....
Tag this Judgment!Court : Punjab and Haryana
..... attest to the accuracy and integrity of this document chandigarh cra-s-927-sb of 2009 -15- prosecuting the appellant for offences under section 4/5 of the explosion act and arms act, 1954 respectively, issued by the district magistrate. these are proved by examining pw-9 sukhdev singh, reader to the district magistrate. ..... charges against the appellant to be established beyond doubt. the conviction of the appellant for various offences under section 25 of the arms act; sections 4/5 of the explosive substances act; and section 3 of the indian passport act is maintained. there is no scope of interference in the quantum of sentence, the appellant having already ..... record keeper from sessions court, gurdaspur.11. learned trial court convicted the appellant of the charges under section 5 of explosive substances act; section 25 jitender kumar of the arms act, 1959 and section 3 of the indian passport act. 2014.07.03 16:07 i attest to the accuracy and integrity of this document chandigarh cra-s .....
Tag this Judgment!Court : Punjab and Haryana
..... (e) yard or depot for trade in unslaked lime, hay, straw, thatching-grass, wood charcoal or coal or other dangerously inflammable material; (f) store-house for any explosive or for petroleum or any inflammable oil or spirit; except under a licence obtained by the owner or occupier from the committee which shall be renewable annually. (2) the ..... the appellant, both the courts below have failed to appreciate that no place within the municipality can be used for any of the purposes mentioned in section 128 of the haryana municipal act, 1973, except under a licence obtained by the owner or occupier of the place from the committee. so it shows that obtaining of licence under ..... haryana high court rsa no.539 of 2010 (o&m) 10 for deciding the point in question, it is necessary to refer to the provisions of section 128 of the haryana municipal act, 1973, as relied upon by the appellant which reads as follows: 128.regulation of offensive and dangerous trade. (1) no place within a municipality shall .....
Tag this Judgment!Court : Punjab and Haryana
..... in seetapat rao vs. venkanna dora air1922mad. 71 that a recital in a judgment not inter parties of a relevant fact is not admissible in evidence under section 35 evidence act. . 61. a division bench of patna high court in a judgment reported as ramadhar chaudhary & others vs. janki chaudhary air1956patna 49 examined the question ..... came into the contact of the militants; on their incitement went to pakistan for participation in jehad; imparted physical training as well as training to handle the explosives; his legal and illegal visits in different countries i.e. bangladesh, nepal and pakistan; arrangements made by him for the stay of the hijackers in india ..... before the special court, patiala. it is argued that the prosecution has miserably failed to prove the recovery of passports, driving licences as well as explosives before the mumbai court, therefore, such judgment of acquittal rendered by the mumbai court is relevant to examine the inconsistent finding recorded in the present case. .....
Tag this Judgment!Court : Punjab and Haryana
..... was issued, respondent no.3 commenced construction of the godown as well as the showroom. the necessary approvals from the joint chief controller of explosives, petroleum and explosives safety department, were duly obtained. the corporation also approved the name of the distributorship i.e. m/s badshahpur indane .vat registration ..... same read as follows: ........having said that, this court feels no hesitation to conclude that while entertaining a time barred complaint, the respondents have acted without jurisdiction and glaringly violated their own guidelines, because of which the impugned action has been found to be wholly unreasonable and unjust, which cannot ..... sabha) namely vishwa mohan kumar, who had won the parliamentary elections from the state of bihar. this seem to have turned the whole situation. acting on the said complaint/vip reference, the chief area manager of the corporation constituted a field investigating committee and resultantly further investigations were carried out .....
Tag this Judgment!Court : Punjab and Haryana
..... owner of the vehicle and not the insurer. the 1st respondent was served but there is no appearance. this court is a court of appeal under section 30 of the workmen's compensation act and therefore, it will be only appropriate and just that the compensation is directed to be paid by the owner of the truck which is the 1st ..... the said collision and fire in the tanker, it could not be necessarily inferred that there was no causal relation between explosion and fire. in the circumstances, the supreme court said that it must be held that the explosion and fire resulting in the injuries which led to the death of the respondent's son was due to an accident arising ..... . while casting the liability on the owner of the truck cannot create any difficulty, the point that has to be seen is whether the insurer will also be liable. section 147 of the motor vehicles act spells out the compulsory conditions when there shall be a policy of insurance. the risk coverage for a workman is also contemplated under .....
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