Court : Supreme Court of India
..... , rajasthan respondent no.6, established nkp fertilizer plant at the site, without obtaining previous consent of the state board under the provisions of section 25, 26 of the water act and section 21 of the air act.(ii) that the state board on 20.2.89 issued a notice and directed respondent no.6 to obtain consent of the state board ..... a malafide intent to cause loss to the industry. it was also submitted that sudden closure of its plants is likely to result in disaster and, may be, an explosion and that this consideration was not taken into account while ordering the closure. in its order dated march 7, 1994, this court found some justification in the contention of ..... , respondent no.7 established single super phosphate plant at the site, without obtaining previous consent of the state board under the provisions of section 25, 26 of the water act and section 21 of the air act.(ii) that the state board on 20.2.89 issued a show cause notice and directed respondent no.7 to obtain consent of the .....
Tag this Judgment!Court : Supreme Court of India
..... 9th january, it is specifically contended that the commissioner of police and the respondent no.1 were patrolling the concerned area. the situation grew extremely volatile and explosive, particularly, in the areas of the four aforementioned police stations and, therefore, a wireless message was given to the commissioner that almost a civil war type ..... entertained any motive to teach lesson to the muslim community. insofar as others who entered the building, shri lalit pointed out that if even under that explosive situation the police personnel did not use weapon and did not fire a single bullet, there was no question of attributing any motive to such personnel. ..... dongri police station about the happenings in suleman bakery, therefore, there could be no second fir in respect of the same incident. section 161 of the bombay police act was also pressed in service. section 197 was also pressed in service, particularly, in respect of shri r.d. tyagi. the civil service rules were also pressed .....
Tag this Judgment!Court : Supreme Court of India
..... , 2001. this submission has been made in paragraph 3 of the affidavit annexed to the application filed by the cross-objector before the high court under section 5 of the limitation act, 1963, along with the cross-objections, praying for condonation of delay and leave of that court to file their cross-objections beyond the statutory period of ..... a party on whom the right might have vested as a result of default of other party. furthermore, the courts have to keep in mind the realities of explosion of litigation because of which the court normally takes time to dispose of appeals. it would be a travesty of justice, if after passage of substantial time when ..... acquired to be dry land and fixed compensation amount at the rate of rs.31,650/- per acre. 2. aggrieved, the claimants (landowners) filed references under section 18 of the act. the reference court enhanced compensation to rs.3,50,000/- per acre, along with all statutory benefits.3. the respondents filed an appeal against the judgment of .....
Tag this Judgment!Court : Supreme Court of India
..... lease. the grant in question clearly states that the constructions are to be made as per specifications approved by the chief inspector of explosives which condition was also otherwise governed by the provisions of explosives act. further, the pipelines are required to be laid at railway levels or demised in favor of the grantee, where for expenses ..... belongs to the grantee i.e. appellant herein. as discussed hereinbefore, the oil tanks has been construed as buildings for the purposes of tax. therefore, section 119 of the mcd act would not apply to the building in question. that being the case, the grantee/appellant is liable to pay tax although the ownership of the land ..... hudco and lease deed executed bythe government. in that case, this court has held that vacant land belonging to the government was not taxable by virtue of section 119 dmc act and article 285 of the constitution of india. however, in our considered view, the case at hand is totally different. the hudco judgment dealt with .....
Tag this Judgment!Court : Supreme Court of India
..... that he/she committed suicide.47. in v.p. shrivastava v. indian explosives limited and others (2010) 10 scc 361, this court ..... by this court are clear that in order to convict a person under section 306 ipc there has to be a clear mens rea to commit the offence. it also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position ..... has held that when prima facie no case is made out against the accused, then the high court ought to have exercised the jurisdiction under section .....
Tag this Judgment!Court : Supreme Court of India
..... gwynne14.)43. a retrospective effect to an amendment by way of a delegated legislation could be given, thus, only after coming into force of sub-section (2-a) of section 64 of the act and not prior thereto.44. by reason of note 2, certain rights were conferred. although there lies a distinction between vested rights and accrued rights as ..... dates. furthermore, on 6-9-1996, civil construction work started at site. plans submitted by the appellant for getting permission for storage of hexane were sanctioned by the explosives department on 19-9-1996 and licence was finally given on 11-3-1997. on 26-9-1996, process of installation of the plant started at the site. on ..... the words "date on which new policy for incentive to industry is announced by the government of haryana in industries department" was substituted.11. on 26-6-2001 in section 13-b after the words "for such period", the words "either prospectively or retrospectively" were inserted.12. it is only after the notice dated 3.1.1996 that .....
Tag this Judgment!Court : Supreme Court of India
..... . in ravinder singh v. state of maharashtra, (2002) 9 scc 55, the accused was charged under the provisions of the tada act and under section 302/34, 120b and other provisions of the explosives act. the accused thereafter retracted his confession. the court observed:- "there can be no doubt that a free and voluntary confession deserves the highest ..... or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or lethal weapons or poisons or noxious ..... very next day for bombay to furnish details about the smuggling of arms and explosives used in the bombay bomb blasts. (84) it would be useful to examine the purport of section 3 of the tada. it is under:-"3. punishment for terrorist acts. (1) whoever with intent to overawe the government as by law established .....
Tag this Judgment!Court : Supreme Court of India
..... three-fold submission in this regard. in the first place, he has submitted that the petrol tanker was not a motor vehicle as defined in section 2(18) of the act at the time when the explosion and fire took place because at that time the petrol tanker was lying turtle and was not capable of movement on the road. the second submission ..... the petrol tanker against the claim of no fault compensation by and/or on behalf of the victims of the fire and explosion accident.6. but next came the turn of the main applications filed under section 110a of the act. there were altogether 44 claim applications in which, case no.168 of 1988 was treated as the lead case. in the ..... objection raised by the insurer and the owner of the petrol tanker, and by a common order dated december 2, 1989, dismissed all the claim petitions filed under section 92a of the act on the ground that the fire and the explosion could not be said to be accident arising out of the use of the petrol tanker and hence, the provisions of .....
Tag this Judgment!Court : Supreme Court of India
..... was registered by mr. a. rajaram, inspector, chetput, f-5, police station, chennai in crime no. 1137 of 1993 under section 120-b, 302 326, 153 a ipc, section 9b(1)(b) of the indian explosive act, 1884 and sections 3 and 4 of the explosive substances act, 1908 against unknown persons. initially the investigation was started by cbcid, metro, chennai. later on, the investigation was transferred to ..... ,302,326,324,419,436 ipc, section 9 (b)(1)(b) of explosive act, sections 3, 4, 5 & 6 of explosives substances act, sec 3(2), 3(3) of tada act, a15 imam ali (dead), a17 kaja nijammudin under section 120b read with sections 153 a,201,302,326,324,419,436 ipc, section 9 (b)(1)(b) of explosive act, sections 3, 4, 5 & 6 of explosives substances act, sections 3(2), 3(3) of tada .....
Tag this Judgment!Court : Supreme Court of India
..... "). on 6th november 1992, fcil was declared a "sick company" under section 3(1)(o) of the sica by the bifr.5.the complainant -- indian explosives limited (hereinafter referred to as "iel"), respondent no.1 in these appeals, is engaged in the manufacture and sale of ..... these appeals were senior employees of the fertilizer corporation of india limited (hereinafter referred to as "fcil"), a government company within the meaning of section 617 of the companies act, 1956.4.on 20th april 1992, the fcil's board of directors passed a resolution to the effect that the company had become a sick ..... company within the meaning of the sick industrial (special provision) companies act, 1985 (hereinafter referred to as "sica") and hence a reference should be filed with the board of industrial and financial reconstruction (hereinafter referred to as "bifr .....
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