Array ( [0] => ..... of karyana and provisions business. it is also not in dispute, as has been admitted by the tenants themselves in the written statement, that a licence under the indian explosives act had been obtained by them subsequently. however, their plea was that the aforesaid licence had been obtained for stocking of the said goods at 257, ram darbar, phase ii ..... , when they specifically pleaded that they had been doing the same business in the premises which was being done by them earlier and that the licence under the indian explosive act had been obtained for stocking of the said goods at 257, ram darbar, phase ii, chandigarh. accordingly, it has been contended by the learned senior counsel that ..... allied business in the expanding concept of departmental stores, in our opinion, in this case there was no change of user which attracts the mischief of section 13(2)(ii)(b) of the act. the high court therefore, was in error'it is, thus clear from the law laid down by the apex court that the change of user ..... [1] => ..... which will be applicable notwithstanding anything contained in the other rules. pursuant to rule 57j, notification was issued on 20-6-1986 which was amended from time to time. explosives fall under column (2) of the notification being a tariff item in chapter 36; the intermediate product, namely, limestone being a tariff item in chapter 36; the intermediate ..... of cement so as to entitle the assessee to claim modvat credit under rule 57a of the rules and held as under :-admittedly, explosives fall under chapter 36 of the schedule to the central excise tariff act, 1985. the particular items used by the appellant come under headings 36.01, 36.02 and 36.03. therefore, they fall ..... g.s. singhvi, j.1. on an application filed by the peti-tioner-assessee under section 35g(1) of the central excise act, 1944. (for short, the 1944 act), customs excise and gold (control) appellate tribunal, new delhi (for short, 'the tribunal') has referred the following questions of law for the opinion of this court:( ..... [2] => ..... redemption, is not necessarily a clog on the equity but in the changing circumstances of inflation and phenomenal increase in the prices of real estates, in this age of population-explosion and consciousness and need for habitat, long-term, very long-term, taken with other relevant factors, would create a presumption that it is a clog on equity of redemption. if ..... discernible compulsions of circumstances that would be equitable, fair and just and unless there is anything to the contrary in the statute, law must take cognizance of that fact and act accordingly. in the context of fast changing circumstances and economic stability, long-term for redemption makes a mortgage an illusory mortgage, though not decisive. it should prima facie be an ..... [3] => ..... case on merits. furthermore, the petitioner, who was a ballistic expert, has retired from service. admittedly, he is handicapped, as he has lost his fingers in an simulated explosion. in this view of the matter, i am also of the opinion that the petitioner is not likely to commit another offence, while on bail. even otherwise, counsel for ..... the code of criminal procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.' 18. a perusal of section 37 of the ndps act, reproduced above, reveals that prior to the grant of bail to an accused , the following conditions have to be satisfied :-- (1) the public prosecutor has to ..... from service and is handicapped, as he has lost the fingers of his hands in an accident. the petitioner was a ballistic expert. during the course of a controlled explosion, the petitioner suffered an accident and lost his fingers. on the basic of the aforesaid facts, the petitioner, states that his culpability is in serious doubt and his ..... [4] => ..... i.e., railway risk rate, then the railway administration is liable for the loss or damage caused to the same during the course of transit.15. section 78 of the act pertains to exoneration from responsibility in certain cases, which reads as under:-78. exoneration from responsibility in certain cases.- notwithstanding anything contained in the foregoing ..... or the consignee;g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods;h) latent defects;i) fire, explosion or any unforeseen risk;provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of ..... the state of despatch. in view of the aforesaid judgments, i am of the opinion that the railway administration was not entitled for any benefit under section 74 of the act.21. in view of the aforesaid discussion, the instant appeal is allowed with costs. the impugned judgment and decree passed by the learned trial court is ..... [5] => ..... the landlord and the tenant that a harmony is sought to be struck whereby the boha fide requirements of the landlords and the tenants in the expanding explosion of need and population and shortage of accommodation are sought to be harmonised and the conditions imposed to evict a tenant are that the landlord must have ..... the subsequent events and developments occurred after the initiation of the ejectment proceedings and can reappraise the evidence while hearing the revision under section 15(5) of the east punjab urban rent restriction act, 1949. by taking those events and developments into consideration, i am of the opinion that ejectment of the petitioners on the ground ..... landlord is not justified. the hon'ble supreme court in amarjit singh v. smt. khatoon quamarain's case (supra) has observed as under:-'the rent restricting acts are beneficial legislations for the protection of the weaker party in the bargains of letting very often. these must be so read that these balance harmoniously the ..... [6] => ..... on fire by the petitioner himself and for that he was charge-sheeted under section 436, i.p.c.section 436, i.p.c. reads as under :---'436. mischief by fire or explosive substance with intent to destory house, etc.--whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he ..... property, whether it belongs to that person or not.explanation 2. mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and persons jointly.8. a perusal of the above sections shows that damage or loss must be caused to the property of the public or any other person ..... during investigation it revealed that complainant has himself set the chhan on fire, therefore, no mischief is said to have been committed.9. after perusing the ingredients of section 436, i.p.c., the question for consideration is that whether chhan comes under the definition of a building?10. chhan or chappar is the thatchered unit or ..... [7] => ..... of mass destruction or a biological or chemical substance of warfare is made punishable under section 4. contravention of the provisions of the explosive act, 1884, the explosive substances act, 1908, the inflammable substances act, 1952, the arms act, 1959 with an 'intent to aid any terrorist' is made 'punishable with imprisonment ..... for a term which may extend to imprisonment for life' and also fine under section 5. holding of proceeds of terrorism has been made illegal and these are made liable to be forfeited under section 6. section ..... the integrity, security or sovereignty of india or to strike terror in the people or any section of people does any act or thing by using bombs, dynamite or other explosive substances...of a hazardous nature or by any other means whatsoever...or 'is and continues to ..... [8] => ..... the governor to allocate such statutory function to the ministers by making rules under article 166(3). the state govt. while according sanction under section 7 of the explosives substances act would no doubt be discharging the function of the central government and not of the state government, but the performance of this function would be ..... was submitted that there is delegation by the central government in favour of the state government, so far as the grant of sanction under section 7 of the explosives substances act is concerned. it was submitted that there is no delegation in favour of the district magistrate. assuming that there was any delegation, there ..... . sanction ex. pb was accorded by sh. k.b. singh sidhu, district magistrate amritsar for prosecuting the accused under sections 4, 5 of the explosives substances act, 1908, as envisaged by section 7 of the act.5. after investigation, kulwant singh alias kanta was challaned.6. kulwant singh alias kanta was committed to the court of ..... [9] => ..... adulteration act, 1954.(vi) the drugs and cosmetics act, 1940.(vii) offences of criminal conspiracy as defined in section 120-a of the indian penal code in so far as it relates to ..... convicted for offences under the following acts, or provisions thereof :-(i) chapters vi and vii, sections 216a, 302, 303, 311, 328, 364, 376, 377, 382, 386 to 389, 392 to 402, 413, 455 to 460 of the indian penal code.(ii) the indian criminal law amendment act, 1908.(iii) the explosive substances act, 1908.(iv) the prevention of corruption act, 1947.(v) the prevention of food ..... [10] => ..... table has been prepared in sarla verma having regard to the three decisions of this court, namely, susamma thomas, trilok chandra and charlie for the claims made under section 166 of the 1988 act. the court said that multiplier shown in column (4) of the table must be used having regard to the age of the deceased. perhaps the biggest advantage by ..... end, the conclusions were drawn as under:- "in what we have discussed above, we sum up our conclusions as follows: (i) in the applications for compensation made under section 166 of the 1988 act in death cases where the age of the deceased is 15 years and above, the claims tribunals shall select the multiplier as indicated in column (4) of the ..... [11] => ..... purposes, and any other mineral which the central government may, by notification in the official gazette, declare to be a minor mineral" 7. section 4 of 1957 act deals with general restrictions on undertaking prospecting and mining operations and the relevant extract thereof is as follows: "4. prospecting or mining operations to ..... permit or of a prospecting licence or, as the case may be, of a mining lease, granted under this act and the rules made thereunder] : provided that nothing in this sub-section shall affect any prospecting or mining operations undertaken in any area in accordance with the terms and conditions of a ..... for any intervention by this court. 6. it would be expedient to refer to certain relevant statutory provisions. section 3 (a), (d) and (e) of the mines and minerals (development and regulation) act, 1957 (for short "1957 act") read as under : "definitions - in this act, unless the context otherwise requires, - (a) "minerals" includes all minerals except mineral oils; (b ..... [12] => ..... enjoyment of proprietors in question, but not for any specific purpose. therefore, in view of the above, the property would not fall within the definition of section 2(g) of the act. 5. therefore, in my view, the judgments and decrees of the courts below do not suffer from any illegality and perversity. the plaintiffs have been held ..... courts below as well as sought to be determined by this court is, as to whether the property falls within the definition of shamlat thola under section 2 (g) of the act or exclusive property of the proprietor of shamlat thola sheo lal as per jamabandi for the year 1987. the property was in the ownership and ..... possession of the proprietors aforementioned and the revenue authority on the basis of promulgation of act 9 of 1992 inducted the gram panchayat defendant as owner of the property. since the property during the consolidation proceedings fell into the share of proprietors of thola ..... [13] => ..... on 16.12.2014 prescribing cet to fill up seats in nri category can be said to be in exercise of the power and authority conferred as per the mci act, particularly sections 19-a and 33, or for that matter can it be traceable to regulation 5(2) of graduate medical education regulations, 1997? what is the scope, purport ..... of the hon'ble supreme court and ran counter to the tenor of the directions contained therein and therefore was unsustainable. it was concluded that section 33 of the indian medical council act, 1956 (`imc act' - for short) which dealt with the power of the mci to make regulations made it clear that prior sanction of the central government had ..... that the executive committee of the mci could not proceed to amend or interpret the regulations by issuing the impugned circular without following the prescribed procedure under section 19-a of the imc act. the same had indeed not been followed in respect of the mci circular dated 16.01.2015. 26. it may also be noticed that the ..... [14] => ..... observations of the learned single judges in each of the above cases. the ratio of these judgments is based on the plain language of the provisions of the act. section 2(c) defines "landlord" to means any person for the time being entitled to receive rent in respect of any building on his own account and includes ..... 2) rent control reporter 506 held :- "9. ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ... taking the definitions of 'landlord' and 'tenant' together as used in clause (c) and (i) of section 2 of the act, a tenant cannot be termed as landlord of such sub-tenant if he, without the consent in writing of his landlord, has sublet the building or rented land to ..... authorised, and every person from time to time deriving title under a landlord." taking the words landlord and tenant together as used in the definition section of the act of 1947, firm hans raj salig ram cannot be termed landlords because they are not "a tenant who sublets any building in the manner authorised ..... [15] => ..... that the aid given by the government to the assessee constitutes substantial finance by the government which had entitled the assessee to claim exemption under section 10(23c)(iiiab) of the act. 13. no infirmity or perversity could be pointed out by the learned counsel for the revenue in the findings recorded by the tribunal. ..... of evidence held that the government was substantially financing and interested in the management of the respondent-assessee and, therefore, were eligible for exemption under section 10(23c)(iiiab) of the act. the relevant findings of the tribunal are as under: "9. in the above decision, the hon'ble court has considered 34.33% as ..... tribunal further, inter alia, held that the institution/society run by the assessee had received substantial government aid for the purpose of claiming exemption under section 10(23c)(iiiab) of the act. hence, the present appeals. 5. we have heard learned counsel for the parties and perused the record. 6. after hearing learned counsel for ..... [16] => ..... an attempt to commit such an offence is made out against the appellants, so as to make them culpable under section 308. section 299 of the aforesaid code defines culpable homicide as follows:- "299. culpable homicide.-whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause ..... appellant giani ram, is to be extended the benefit of doubt or not. 41. section 308 of the indian penal code provides as follows:- "308. attempt to commit culpable homicide.- whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall ..... [17] => ..... he ultimately succumbed to his injuries. at the same time kashmiri lal driver of the offending motorcycle also sustained injuries and succumbed to them later. claim petition under section 166 of motor vehicles act was filed by the claimants who were the wife, minor children and father of the deceased shakti chand claiming compensation on account of his death which occurred due ..... [18] => ..... victim. if the victim is receiving income chargeable under the head "salaries" one should keep in mind that under section 192 (1) of the income-tax act, 1961 any person responsible for paying any income chargeable under the head "salaries" shall at the time of payment, ..... duty to deduct the tds, then the penalty for non- deduction of tds is prescribed under section 201(1a) of the income-tax act, 1961. therefore, in case the income of the victim is only from "salary", the presumption would be that ..... the employer under section 192 (1) of the income-tax act, 1961 has deducted the tax at source from the employee's salary. in case if an objection ..... a statute occasioned only on account of accidental death. such an amount will not come within the periphery of the motor vehicles act to be termed as "pecuniary advantage" liable for deduction. following the ratio of law laid down in the above mentioned supreme ..... [19] => ..... aforesaid judgment are extracted below:- "16. consequences for breach of the contract are provided in chapter vi of the contract act which contains three sections, namely, section 73 to section 75. as per section 73 of the contract act, the party who suffers by the breach of contract is entitled to receive from the defaulting party, compensation for any ..... . in murlidhar chiranjilal v. harishchandra dwarkadas and anr., air 1962 sc 366, the supreme court highlighted two principles which follow from the reading of section 73 of the contract act. the first principle on which damages in cases of breach of contract are calculated is that, as far as possible, he who has proved a ..... proved to claim the same from the person who has broken the contract and actual loss suffered can be claimed, on the other hand, section 74 of the act entitles a party to claim reasonable compensation from the party who has broken the contract which compensation can be predetermined compensation stipulated at the time ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Punjab and Haryana - Page 5 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: punjab and haryana Page 5 of about 11,014 results (0.588 seconds)

May 31 2005 (HC)

Gian Chand and anr. Vs. Krishna Kumari and anr.

Court : Punjab and Haryana

Reported in : (2005)141PLR180

..... of karyana and provisions business. it is also not in dispute, as has been admitted by the tenants themselves in the written statement, that a licence under the indian explosives act had been obtained by them subsequently. however, their plea was that the aforesaid licence had been obtained for stocking of the said goods at 257, ram darbar, phase ii ..... , when they specifically pleaded that they had been doing the same business in the premises which was being done by them earlier and that the licence under the indian explosive act had been obtained for stocking of the said goods at 257, ram darbar, phase ii, chandigarh. accordingly, it has been contended by the learned senior counsel that ..... allied business in the expanding concept of departmental stores, in our opinion, in this case there was no change of user which attracts the mischief of section 13(2)(ii)(b) of the act. the high court therefore, was in error'it is, thus clear from the law laid down by the apex court that the change of user .....

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Dec 17 2004 (HC)

Oswal Steels Vs. Collector of Central Excise

Court : Punjab and Haryana

Reported in : 2006(193)ELT403(P& H)

..... which will be applicable notwithstanding anything contained in the other rules. pursuant to rule 57j, notification was issued on 20-6-1986 which was amended from time to time. explosives fall under column (2) of the notification being a tariff item in chapter 36; the intermediate product, namely, limestone being a tariff item in chapter 36; the intermediate ..... of cement so as to entitle the assessee to claim modvat credit under rule 57a of the rules and held as under :-admittedly, explosives fall under chapter 36 of the schedule to the central excise tariff act, 1985. the particular items used by the appellant come under headings 36.01, 36.02 and 36.03. therefore, they fall ..... g.s. singhvi, j.1. on an application filed by the peti-tioner-assessee under section 35g(1) of the central excise act, 1944. (for short, the 1944 act), customs excise and gold (control) appellate tribunal, new delhi (for short, 'the tribunal') has referred the following questions of law for the opinion of this court:( .....

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Sep 10 2004 (HC)

Mukhtiar Singh (Dead) Through L.Rs. Vs. Gurmej Singh

Court : Punjab and Haryana

Reported in : (2005)139PLR646

..... redemption, is not necessarily a clog on the equity but in the changing circumstances of inflation and phenomenal increase in the prices of real estates, in this age of population-explosion and consciousness and need for habitat, long-term, very long-term, taken with other relevant factors, would create a presumption that it is a clog on equity of redemption. if ..... discernible compulsions of circumstances that would be equitable, fair and just and unless there is anything to the contrary in the statute, law must take cognizance of that fact and act accordingly. in the context of fast changing circumstances and economic stability, long-term for redemption makes a mortgage an illusory mortgage, though not decisive. it should prima facie be an .....

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Aug 30 2004 (HC)

Shiv Kumar Nagpal Vs. State of Haryana

Court : Punjab and Haryana

Reported in : 2004CriLJ4682

..... case on merits. furthermore, the petitioner, who was a ballistic expert, has retired from service. admittedly, he is handicapped, as he has lost his fingers in an simulated explosion. in this view of the matter, i am also of the opinion that the petitioner is not likely to commit another offence, while on bail. even otherwise, counsel for ..... the code of criminal procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.' 18. a perusal of section 37 of the ndps act, reproduced above, reveals that prior to the grant of bail to an accused , the following conditions have to be satisfied :-- (1) the public prosecutor has to ..... from service and is handicapped, as he has lost the fingers of his hands in an accident. the petitioner was a ballistic expert. during the course of a controlled explosion, the petitioner suffered an accident and lost his fingers. on the basic of the aforesaid facts, the petitioner, states that his culpability is in serious doubt and his .....

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Nov 05 2003 (HC)

Fertiliser Corporation of India Ltd. Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Reported in : II(2004)ACC108; AIR2004P& H162; (2004)136PLR440

..... i.e., railway risk rate, then the railway administration is liable for the loss or damage caused to the same during the course of transit.15. section 78 of the act pertains to exoneration from responsibility in certain cases, which reads as under:-78. exoneration from responsibility in certain cases.- notwithstanding anything contained in the foregoing ..... or the consignee;g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods;h) latent defects;i) fire, explosion or any unforeseen risk;provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of ..... the state of despatch. in view of the aforesaid judgments, i am of the opinion that the railway administration was not entitled for any benefit under section 74 of the act.21. in view of the aforesaid discussion, the instant appeal is allowed with costs. the impugned judgment and decree passed by the learned trial court is .....

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Feb 12 2003 (HC)

Sheela Devi and anr. Vs. Hazura Singh

Court : Punjab and Haryana

Reported in : (2003)134PLR602

..... the landlord and the tenant that a harmony is sought to be struck whereby the boha fide requirements of the landlords and the tenants in the expanding explosion of need and population and shortage of accommodation are sought to be harmonised and the conditions imposed to evict a tenant are that the landlord must have ..... the subsequent events and developments occurred after the initiation of the ejectment proceedings and can reappraise the evidence while hearing the revision under section 15(5) of the east punjab urban rent restriction act, 1949. by taking those events and developments into consideration, i am of the opinion that ejectment of the petitioners on the ground ..... landlord is not justified. the hon'ble supreme court in amarjit singh v. smt. khatoon quamarain's case (supra) has observed as under:-'the rent restricting acts are beneficial legislations for the protection of the weaker party in the bargains of letting very often. these must be so read that these balance harmoniously the .....

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Oct 09 2002 (HC)

Raj Singh Vs. State of Haryana

Court : Punjab and Haryana

Reported in : 2003CriLJ1588

..... on fire by the petitioner himself and for that he was charge-sheeted under section 436, i.p.c.section 436, i.p.c. reads as under :---'436. mischief by fire or explosive substance with intent to destory house, etc.--whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he ..... property, whether it belongs to that person or not.explanation 2. mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and persons jointly.8. a perusal of the above sections shows that damage or loss must be caused to the property of the public or any other person ..... during investigation it revealed that complainant has himself set the chhan on fire, therefore, no mischief is said to have been committed.9. after perusing the ingredients of section 436, i.p.c., the question for consideration is that whether chhan comes under the definition of a building?10. chhan or chappar is the thatchered unit or .....

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May 21 2002 (HC)

Simranjit Singh Mann Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : 2002CriLJ3368

..... of mass destruction or a biological or chemical substance of warfare is made punishable under section 4. contravention of the provisions of the explosive act, 1884, the explosive substances act, 1908, the inflammable substances act, 1952, the arms act, 1959 with an 'intent to aid any terrorist' is made 'punishable with imprisonment ..... for a term which may extend to imprisonment for life' and also fine under section 5. holding of proceeds of terrorism has been made illegal and these are made liable to be forfeited under section 6. section ..... the integrity, security or sovereignty of india or to strike terror in the people or any section of people does any act or thing by using bombs, dynamite or other explosive substances...of a hazardous nature or by any other means whatsoever...or 'is and continues to .....

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Feb 20 2002 (HC)

Kulwant Singh Vs. State of Punjab

Court : Punjab and Haryana

Reported in : 2002CriLJ3131

..... the governor to allocate such statutory function to the ministers by making rules under article 166(3). the state govt. while according sanction under section 7 of the explosives substances act would no doubt be discharging the function of the central government and not of the state government, but the performance of this function would be ..... was submitted that there is delegation by the central government in favour of the state government, so far as the grant of sanction under section 7 of the explosives substances act is concerned. it was submitted that there is no delegation in favour of the district magistrate. assuming that there was any delegation, there ..... . sanction ex. pb was accorded by sh. k.b. singh sidhu, district magistrate amritsar for prosecuting the accused under sections 4, 5 of the explosives substances act, 1908, as envisaged by section 7 of the act.5. after investigation, kulwant singh alias kanta was challaned.6. kulwant singh alias kanta was committed to the court of .....

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Aug 21 2001 (HC)

Parveen Kumar Vs. State of Haryana

Court : Punjab and Haryana

Reported in : 2001CriLJ4583; I(2002)DMC486

..... adulteration act, 1954.(vi) the drugs and cosmetics act, 1940.(vii) offences of criminal conspiracy as defined in section 120-a of the indian penal code in so far as it relates to ..... convicted for offences under the following acts, or provisions thereof :-(i) chapters vi and vii, sections 216a, 302, 303, 311, 328, 364, 376, 377, 382, 386 to 389, 392 to 402, 413, 455 to 460 of the indian penal code.(ii) the indian criminal law amendment act, 1908.(iii) the explosive substances act, 1908.(iv) the prevention of corruption act, 1947.(v) the prevention of food .....

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