Court : Supreme Court of India
..... accepted payment in full and final settlement of its claim. in the meantime on 05.04.2011 the respondent had filed a petition under section 11 of the arbitration and conciliation act, 1996 (the 'act' for short) before the high court of delhi alleging that it had accepted the payment as stated above because of extreme financial difficulty, ..... was for a period of one year and the total sum assured was rs.91 crores and 10 lacs only. on 29.10.2009 there was a fire explosion in the adjoining indian oil corporation terminal causing extensive damage to the manufacturing unit of the respondent. on being notified, the appellant appointed a category ".a". licensed ..... and signing of subrogation letter was not voluntary and whether the claimant was subjected to compulsion or coercion and as such could validly invoke the jurisdiction under section 11 of the act. the law on the point is clear from following decisions of this court. in national insurance co. ltd. vs. boghara polyfab pvt. ltd. in .....
Tag this Judgment!Court : Supreme Court of India
..... manufacturing fireworks in the year 1990 at village kasar, tehsil bahadurgarh, district jhajjar and was granted a licence by the chief controller of explosives for storage of explosives under the explosives rules, 1983 framed under the explosives act, 1884.4. under the explosives rules, it is mandatory to maintain open radial safety distance of 71 meters from all sides around the magazine storing 2 lakh kgs. of ..... quashing the acquisition proceedings of the land/building of the appellant. .....................................................................j.[v.gopala gowda]. .....................................................................j.[adarsh kumar goel]. new delhi, november 25, 2014 item no.1 court no.10 section ivb s u p r e m e c o u r t o f i n d i a record of proceedings c.a. no.........../2014 arising from slp .....
Tag this Judgment!Court : Supreme Court of India
..... out for residential purpose w.e.f. 1st june, 1981 and was assessed for house tax for the first time on 1st october, 1983. under section 2(2) of the act, the act which otherwise came into force on 15th july, 1972, was not applicable to the building during ten years from the date on which its construction was completed ..... of a provision contained in a rent control law like the one with which we are dealing. the spurt of provincial rent control legislations is a necessary consequence of population explosion. in prabhakaran nair v. state of t.n. [(1987) 4 scc238 the court noticed craving for a home - a natural human instinct, intensified by post-war migration ..... . the city magistrate, kanpur, in his capacity as rent controller, vide order dated 5th september, 2002, declared the premises in question to be vacant under section 12(3) of the act on account of purchase of residential house by the wife of the tenant in the year 1987. the tenant filed civil miscellaneous writ petition no.47201 of 2002 .....
Tag this Judgment!Court : Supreme Court of India
..... out for residential purpose w.e.f. 1st june, 1981 and was assessed for house tax for the first time on 1st october, 1983. under section 2(2) of the act, the act which otherwise came into force on 15th july, 1972, was not applicable to the building during ten years from the date on which its construction was completed ..... of a provision contained in a rent control law like the one with which we are dealing. the spurt of provincial rent control legislations is a necessary consequence of population explosion. in prabhakaran nair v. state of t.n. [(1987) 4 scc238 the court noticed craving for a home - a natural human instinct, intensified by post-war migration ..... . the city magistrate, kanpur, in his capacity as rent controller, vide order dated 5th september, 2002, declared the premises in question to be vacant under section 12(3) of the act on account of purchase of residential house by the wife of the tenant in the year 1987. the tenant filed civil miscellaneous writ petition no.47201 of 2002 .....
Tag this Judgment!Court : Supreme Court of India
..... and 18a of the uapa was accorded by the ministry of home affairs, government of india, vide order dated 17.10.2013 and also that sanction under section 7 of the explosive substances act was accorded by the district magistrate, kannur vide his order dated 15.10.2013. in paragraph 18.6 of the charge- sheet it was stated to ..... it was a final report on the facets investigated into by the investigating agency. furthermore, the requisite sanctions as required under sections 18 and 18a of the uapa and so also under section 7 of the explosive substances act were also accorded by the concerned authorities. the charge-sheet so filed before the learned special court was complete in all ..... the indian penal code, u/s 5(1) r/w section 25(1)(a) of the arms act, u/s 4 and 5 of the explosive substances act and under section 18 of the unlawful activities prevention act ( uapa for short). subsequently section 153(a) of ipc and section 13(1)(a)(b) and section 18 of the uapa were also invoked and the case .....
Tag this Judgment!Court : Supreme Court of India
..... of india, ruby park and icici bank, kolkata and punjab national bank, chapraula, gautam budh nagar, u.p. which are outside delhi. complaints under section 138 of the ni act were all the same filed in delhi because the cheques had been deposited by the complainants in their delhi bank accounts for collection and because notice of ..... delhi. it was also argued that number of such complaints is so large that the magistrates in delhi were unable to handle and effectively manage the docket explosion and attend to what was otherwise within their jurisdiction and called for their immediate attention.3. the contentions urged by the committee found favour with the high ..... a writ petition filed by the delhi high court legal services committee in public interest pointing out that a very large number of complaints under section 138 of the act were pending in courts of metropolitan magistrates in delhi in which cognizance had been taken although the courts concerned had no territorial jurisdiction to do .....
Tag this Judgment!Court : Supreme Court of India
..... on 22nd april, 1993 is concerned, c.r. no.70 of 1993 registered in connection therewith was not only under the provisions of the ipc and the explosives substances act but also under sections 3 and 7 of tada. the tada provisions were, however, subsequently removed in this case also pursuant to the decision taken by the government on the ..... is required that in varacha police station i o.reg. no.32/93 sections of 302, 307, 324, 326, 120(b) of i.p.c. and sections 3,4,5 of explosives substances act and sections 3 and 5 of tada act are required to be added. hence sanction to add sections of tada may be given. yours faithfully, (p.c.pande) police commissioner ..... . 15.4.95 has been received with the signature of section officer home department (special) for application of sections of tada act in surat railway police station i.o. reg. no.70/93 registered u/sec 307, 326, 324, 427, 120(b) of ipc and u/sec. 3, 4, 5 of explosive substances act. sanction letter fax message is enclosed along with the case .....
Tag this Judgment!Court : Supreme Court of India
..... was registered. in the fir pw8- nurul islam named nine persons. initially the case was registered under sections 447, 326 read with section 34 of the penal code and sections 3 and 4 of the explosives substances act. after the death of rupchand sk, section 304 of the penal code was added.4. after the charges were framed the trial began. pw15-si ..... . the power is exercised and the evidence is examined neither to help the prosecution nor the defence, if the court feels that there is necessity to act in terms of section 311 but only to subserve the cause of justice and public interest. it is done with an object of getting the evidence in aid of a just ..... if judgments happen to be rendered on inchoate, inconclusive and speculative presentation of facts, the ends of justice would be defeated. this court further observed as under: though section 540 (section 311 of the new code) is, in the widest possible terms and calls for no limitation, either with regard to the stage at which the powers of the .....
Tag this Judgment!Court : Supreme Court of India
..... of the fir, offences under section 120-b read with sections 307 and 427 ipc, under section 3 of the prevention of damage to public property act, 1984 and under section 3 of the explosive substances act, 1908 (for short the 1908 act ) and also under section 9b of the explosive act, 1884 (for brevity the 1884 act ) were registered and the ..... one of gulla and 15 of fuse wire, were seized.65. section 2 of the 1908 act has a deeming provision which states that explosive substance would include any materials for making any explosive substance. similarly, section 4(d) of the 1884 act has a broader spectrum which includes coloured fires or any other substances ..... , mere possession cannot bring the accused chandra prakash within the ambit of any offence. in this regard, we may refer to section 4(d) of the 1884 act. it reads as follows: - (d) explosive means gunpowder, nitroglycerine, nitroglycol, guncotton, di-nitro-toluene, tri-nitro-toluene, picric acid, di- nitro-phenol, tri-nitro-resorcinol .....
Tag this Judgment!Court : Supreme Court of India
..... of cotton ginning and pressing factories act, 1925, section 12 of andhra pradesh land grabbing (prohibition) act, 1982, section 16 of gujarat electricity supply undertakings ..... shelf act, 2002, section 23 of the maharashtra control of organised crime act, 1999, section 45 of the unlawful activities (prevention) act, 1967, section 20-a of the terrorist and disruptive activities (prevention) act, 1987, section 137 of the customs act, 1962, section 11 of the central sales tax act, 1956, section 7 of the explosive substances act, 1908, section 20 of the prevention of food adulteration act, 1954, section 23 of lokpal and lokayuktas act, 2013, section 11 .....
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