Court : Supreme Court of India
..... . based on the statement of raja (ex.p-16), fir (ex.p-9) was registered in crime no.23/94 under sections 147, 148, 326, 307 and 302 ipc as well as under the indian explosives act. pw9-krishnan nair, inspector in charge had taken up the initial investigation and prepared rough sketch (ex.p-10) of the place ..... of that assembly knew to be likely to be committed in prosecution of the common object of that assembly. under this section, therefore, every member of an unlawful assembly renders himself liable for the criminal act or acts of any other member or members of that assembly provided the same is/are done in prosecution of the common object ..... and kill..." clearly shows that only on the exhortation of the accused joseph, other accused acted and attacked the complainant party. joseph (a11) was convicted under section 302 ipc read with section 149 ipc even though he was charged under section 302 ipc read with section 109 ipc (fourth page no.13 of 17 charge). though the conviction of the accused .....
Tag this Judgment!Court : Supreme Court of India
..... a, offences under sections 489 a and b of the indian penal code, relating to counterfeiting were added and offences under the explosive substances act, 1908 and unlawful activities (prevention) act, 1967, which dealt with terrorist activities, were added. in part b, several other offences were added from the indian penal code, as were offences under the explosives act 1884, antiquities and arts treasures act 1972, securities and ..... exchange board of india act 1992, customs act 1962, bonded labour system (abolition) act 1976, child labour (prohibition and regulation) act 1986, transplantation of human organs act 1994, juvenile justice (care and protection of children) act 2000, emigration act 1983, passports act 1967, foreigners act 1946, copyright act 1957, trademarks act 1999, information technology act 47 2000, biological diversity act 2002, protection of .....
Tag this Judgment!Court : Supreme Court of India
..... /circulars, issued by the department from time to time retrospectively to take care to protect the interests of the revenue by introducing sub-sections (2) and (3) in section 268a of the act. this benefit conferred on these assessees would be only in the nature of one-time settlement because if the same issue arises for ..... tier is, of course, the jurisdiction under article 136 of the constitution of india before the supreme court.3. mindful of the phenomenon of the docket explosion and the rising litigation in the country, the union of india in order to ensure the conduct of responsible litigation framed what is today known as the national ..... leave granted.2. the propensity of government departments and public authorities to keep litigating through different tiers of judicial scrutiny is one of the reasons for docket explosion. the income tax department of the government of india is one of the major litigants. there are two departmental scrutinies at the level of the assessing officer .....
Tag this Judgment!Court : Supreme Court of India
..... (e) (f) (g) (h) (i) (j) (k) discharge such other functions as may be (emphasis supplied) assigned to it under this act. 5. section 92 of the act provides for the proceedings of the appropriate commission. 92. proceedings of appropriate commission.- (1) the appropriate commission shall meet at the head office or any other ..... respective obligations under this agreement); (v) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or legal approvals; (vi) earthquakes, explosions, accidents, landslides; fire; (vii) expropriation and/or compulsory acquisition of the project in whole or in part by government 12 xxx xxx xxx instrumentality; (viii) ..... to be in force for such period as may be specified in the tariff order. (emphasis supplied) 3. a state commission is constituted under section 82 of the act. the section to the extent relevant reads as follows:5. /p> 82. constitution of state commission.-(1) every state government shall, within six months .....
Tag this Judgment!Court : Supreme Court of India
..... authorities to reduce air pollution and after the passing of the aforesaid order dated november 11, 2016. the court also discussed the provisions of the explosives act, 1884 and the explosive rules, 2008 framed thereunder and further steps which were required to be taken in this behalf.5) in this order as well, the court ..... further orders. the mechanism of the law in this regard is clear. rule 118 of the explosive rules, 2008, framed under the explosives act, 1884, provides for the manner in which licenses issued under the explosives act to store and sell explosives could be suspended or cancelled. sub-rule (5) thereof specifically confers on the central government ..... concerned with direction no.1 in the order dated september 12, 2017. though, the applicants in this application accept the fact that rule 86 of the explosive rules lays down the requirement of distance which is to be maintained by such licensees from other places like schools, hospitals, residences, educational institutions, etc .....
Tag this Judgment!Court : Supreme Court of India
..... law for the time being in force; (b) the radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or of radioactive products or waste. 15. section 12 states that the code of civil procedure is to apply in all proceedings before the high court insofar as it ..... law providing for strict liability and compulsory insurance or other means of securing the claims; or (b) the radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or of radioactive products or waste. 22. article 8 then states that the characteristics of such liens are as follows:- article ..... of the admiralty court act 1840 (imp), and section 5 of the admiralty court act 1861 (imp), either with or without the aid of cl. 6.4 of the bunker fuel oil contract. menzies, j.held:27. the matter was, i think, put at rest by the decision of the privy council in the rio tinto (1884) 9 app cas .....
Tag this Judgment!Court : Supreme Court of India
..... explosives is given in schedule i to the explosives rules, 2008 (for short the rules ) and class 7 thereof relates to fireworks ..... of fireworks. for this purpose, it is necessary to appreciate the scheme of the explosives act and the rules so that appropriate remedial steps can be taken in accordance with the provisions of the law.36. section 4 of the explosives act, 1884 (for short the act ) contains various definitions. section 4(d) defines the word explosive and it includes, amongst others, fireworks. in this context, the classification of .....
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..... that he had supplied explosive material to accused no.1 for which he was paid money by the said accused. outcome of the trial by the cbi court was that the appellant, ..... are prone to criminal tendencies and have proved their susceptibility to indulge in criminal activities by being found guilty (by a court) of having perpetrated a criminal act. one of the discernible purposes of imposing the penalty of imprisonment is to render the society immune from the criminal for a specified period. it is, therefore ..... together and the central bureau of investigation (cbi) took up the investigation. during the course of investigation, the provisions of the terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred to as tada ) were also invoked. the appellant herein was one of the accused persons and one of the allegations levelled against him was .....
Tag this Judgment!Court : Supreme Court of India
..... 307, 326, 324, 427, 153-a and 120-b of the indian penal code, 1860 (in short the ipc ) read with sections 3, 4, 5 and 6 of the explosive substances act read with sections 3, 5 and 25 of the arms act, 1959. (c) during the course of investigation, the samples collected from the place of offence were sent to the forensic science laboratory ..... 326, 324, 427, 153a read with section 120b of the ipc and sections 3, 5 and 25 of the arms act and sections 15, 16, 17, 4 18, 20 and 23 of the uap act, sections 3(1)(i), 3(1)(ii), 3(2), 3(3), 3(5) of the mcoc act, sections 3, 4, 5 and 6 of the explosive substances act. (g) the appellant came to be ..... at nasik and the same were found to be containing cyclonite (rdx) and ammonium nitrate. on 18.10.2008, the provisions of sections 15, 16, .....
Tag this Judgment!Court : Supreme Court of India
..... he also took support from the definition of manufacture of gas occurring in rule 2 (xxv) of the erstwhile gas cylinders rules, 1981 issued under the explosives act, 1881 which defines the aforesaid expression to mean filling of a cylinder with any compressed gas and also includes transfer of compressed gas from one cylinder to any ..... legislative intent as well as that of the central government treating the process as manufacture of gas. mr. gulati also argued that for the purposes of section 80-ib of the act, which provides a deduction 5 6 (2010) 320 itr79(sc) (2005) 6 scc29212 for industrial undertaking established in the north eastern region, the ..... assesses that various high courts have, from time to time, decided that bottling of gas into cylinder amounts to production and, therefore, claim of deduction under sections 80hh, 80-i and 80-ia would be admissible. another important aspect which was highlighted by learned counsels for the assessees was that identical issue whether bottling .....
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