Court : Supreme Court of India
..... government would not be given effect to. the union could have referred to this provision if the separate terms of sentences under the other central acts like passport act, foreigners act, explosives act etc. were still operating and the sentences had not been already served out. learned senior counsel for the state submitted that in the present case ..... , borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other states for the use of prisons and other institutions. section 59 of the prisons act, 1894 specifically empowers the state government to make rules on the following: (5) for the award of marks and shortening of sentences; (21) for ..... suo motu. it was further held as under: 27. . we are of the view that exercise of power by the appropriate government under sub-section (1) of section 432 of the code cannot be suo motu for the simple reason that this is only an enabling provision and the same would be possible subject to .....
Tag this Judgment!Court : Supreme Court of India
..... sub inspector of police, sattenapally, registered a case being crime no.43 of 1993 for offences punishable under sections 147, 148, 324, 307 and 302 read with section 149 of the ipc and sections 3 and 5 of the explosive substances act and transferred the case to muppala police station, within whose jurisdiction the incident occurred. on receipt of the ..... why his fir was not recorded. the omission to record the statement of any of the injured witnesses as fir or to record statements of witnesses under section 161 of the cr.p.c. by pw-28 casts a shadow of doubt on the prosecution case. there was no need for the police to wait ..... a15-rayidi veera mallaiah, a16-mupalla ramaiah, a21-rayidi lingiah, a23-rayidi sreenivasarao, a24-duggineni peraiah, a25-mannem hanumantha rao, a27-rayidi ramarao and a29-rayidi venkateswarlu, under section 302 of the indian penal code ( the ipc ) and sentenced each one of them to undergo rigorous imprisonment for life. in addition, accused no.3 and accused no .....
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..... -p1]. dated 24/10/1992 from pw-1 antonisamy and registered a case being crime no.307 of 1992 against unknown persons under section 150 of the indian railways act and under sections 3 and 5 of the explosives act and sections 120-b and 124 of the ipc. the printed version of first information report [ex-p11]. was forwarded to judicial magistrate no.v ..... of 10 years and to pay fine of rs.1,000/- and in default to undergo rigorous imprisonment for a further period of 6 months for offence under section 3 of the explosive substances act; rigorous imprisonment for a period of 5 years and to pay fine of rs.1,000/- and in default to undergo rigorous imprisonment for a further period ..... of 6 months for offence under section 4 of the explosive substances act and rigorous imprisonment for a period of one year and to pay fine of rs.1,000/- and in default to undergo rigorous imprisonment for a further .....
Tag this Judgment!Court : Supreme Court of India
..... death of some of the workers and injured others. the findings recorded by the courts below was that the accused had in their possession unauthorized explosives in contravention of the act and the rules and had committed several breaches of those rules and the conditions of the license issued to them. relying upon the decisions of ..... patrons which caused the death of 59 persons and simple and grievous injuries to 100 others in the fire incident mentioned above. they were also charged under section 14 of the cinematograph act, 1952 for contravention of the provisions of the delhi cinematograph rules, 1953 (hereinafter referred to as dcr, 1953 ) and delhi cinematograph rules, 1981 ( ..... relating to obscenity in respect of any matter contained in the film for which a certificate has been granted under clauses (a) or (b) of sub-section (1) to section 5a. it reads: provided that the applicant for the certificate, any distributor or exhibitor or any other person to whom the rights in the film have .....
Tag this Judgment!Court : Supreme Court of India
..... damage to public property act, 1984. the designated court then issued an order dated ..... 6 of tada (p) act, 1987 and r/w section 302, 307, 326, 324, 427, 435, 436, 201 and 212 of ipc.2. section 3 and 7 r/w section 25(1a), [1b(a)]. of the arms act, 1959.3. section 9-b (1),(a),(b),(c) of the explosives act 1884.4. section 3, 4(a), (b), 5 and 6 of the explosives substances act, 1908.5. section 4 of prevention of .....
Tag this Judgment!Court : Supreme Court of India
..... the state is double-fold. occupational health and safety issues of cftpps are associated with thermal discharge, air and coal emission, fire hazards, explosion hazards etc. dust emanates also contain free silica associated with silicosis, arsenic leading to skin and lung cancer, coal dust leading to black lung ..... delivery system or guidelines with respect to occupational safety are in place. factories act, boilers act, employees state insurance act, compensation act, the water (prevention and control of pollution) act, the air (prevention and control of pollution) act, environmental protection act, etc. are in place, but the lack of proper health delivery system ..... cellulose, polyacrylonitrile, glass fibres, graphite are available, the use of which may be explored. . compliance with the provisions of the environment (protection) act and its amendments from time to time applicable for the power plants with respect to emission and discharge, ash utilization and hazardous waste management should .....
Tag this Judgment!Court : Supreme Court of India
..... that .the accused is at liberty to take all pleas available to him during the trial .4. the high court in its impugned order has interpreted section 42 of the act, and held that whoever communicates or attempts to communicate with any prisoner is liable for punishment. it said that the appellant herein was entering the jail ..... purpose of smoking, chewing or snuffing, and all instruments and appliances whatsoever, which may be used for or in connection with smoking, chewing or snuffing,3) all explosive, intoxicating or poisonous substances, and chemicals whether fluid or solid of whatever description.4) all arms and weapons, and articles which are capable of being used as weapons ..... of the offence, mobile phone was not listed as one of the prohibited articles under the punjab prison manual. thus, no offence is made out under section 42 of the act, as there was no communication which was done or was attempted to being done contrary to the rules. further, the appellant was not a prisoner on .....
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..... that the proceedings based on the subsequent and third fir registered in dholpur (rajasthan) as crime no.427/2010 under section 5/9b, 9c of the explosives act, 1884, in view of the provisions of section 186 of cr.p.c., be discontinued, was allowed, the appellant-state of rajasthan has preferred the special leave petition ..... being no.8402 of 2011.3. the facts and circumstances giving rise to the present appeal are that in respect of alleged unauthorized and illegal supply of explosives ..... investigation filed charge-sheet on 4.12.2010 against 16 persons for offences under section 420, 465, 467, 468, 471, 120-b, ipc read with sections 5, 9b and 9c of the explosives substances act, 1884 and sections 5 and 6 of the explosive substances act, 1908 in the court of chief judicial magistrate, dholpur, rajasthan including the .....
Tag this Judgment!Court : Supreme Court of India
..... to meet inspector vijay pratap singh the then station incharge, and report the incident to him when he had come on patrolling, and heard the sounds of firing and explosion. the investigation conducted by ram japit had never been brought on record not was his case diary submitted. pw21 had also admitted that the case diary was not ..... , shouting slogans of mcc (maoist communist centre) zindabad . according to him there were about 500 extremists in all, out of whom some 300 were armed with firearms and explosives, and many were in police uniform. he named 34 people in the fir including two of the appellants viz. vyas ram and bugal mochi, but the name of naresh ..... that the prosecution had not been able to prove the notification of the notified area as required under section 2(f) of tada, and therefore, the constitution of the designated court for this area under section 9(1) of the act was bad. section 9(1) of the tada lays down that the central government or the state government may by .....
Tag this Judgment!Court : Supreme Court of India
..... /307/326/324/427/153- a/120-b of i.p.c., read with sections 3,4,5 and 6 of explosive substance act, 1908, sections 3,5 and 25 of indian arms act, 15,16,17, 18, 20 and 23 of unlawful activities (prevention) act, 1967, and sections 3(1) (i), 3(1) (ii), 3(2), 3(4), and 3(5) of maharashtra control of ..... organised crimes act, 1999 (mcoc act for short), before the court of special judge (mcoca) greater mumbai, ..... judgment, sentence or order, not being an interlocutory order of a special court. thus other interlocutory orders are not appealable at all. this is because as provided under section 19 of the act, the trial is to proceed on day to day basis. it is to be conducted expeditiously. therefore, no appeal is provided against any of the interlocutory orders passed .....
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