Court : Supreme Court of India
Reported in : 2008(56)BLJR1201; 2008CriLJ2070; JT2008(2)SC574; 2008(2)SCALE729; (2008)5SCC89; 2008AIRSCW1578; (2008)2SCC(Cri)520; 2008(1)Crimes424; 2008(2)Supreme98; 2008(5)LH(SC)3338
..... (1994) 3 scc 569, the legality and the efficaciousness of sections 3 and 4 were assailed on the following grounds, namely,-(1) these two sections cover the acts which constitute offences under ordinary laws like the indian penal code, arms act and explosive substances act;(2) there is no guiding principle laid down when the executive ..... can proceed under the ordinary laws or under this impugned act of 1987; and (3) this act and sections 3 and 4 thereof ..... established 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 firearms or other lethal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2008(117)FLR582]; JT2008(2)SC161; 2008(2)SCALE152; (2008)3SCC571
..... act and has many licensed contractor including one abdul rehman (hereinafter referred to as the ..... effect of the contract labour (regulation and abolition) act, 1970 (in short the 'act'). in the background of the definition of the word 'employer' as in clause iv of section 2(i)(iv) of the state act, the indian explosive limited is a manufacturer of urea and is covered under the act. it is registered under chapter iii of the same ..... case-arbitration dispute no. 164 of 1989. 2. the following question was sent to the labour court for decision under section 4(iv) of the u.p. state industrial disputes act, 1947 (in short the 'state act):whether 61 labourers mentioned in the appendix should be declared permanent? if so, then from which date and with what other .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(128)ECC78; 2008(154)LC78(SC); 2008(224)ELT343(SC)
..... under section 130a of the customs act, 1962 (the act) against the final order being order no.a-704/kol/2001 dated 09th august 2001 in appeal no.c/v-296/2001 passed by the customs, excise & gold (control) appellate tribunal, eastern bench, kolkata, (for short 'the tribunal') whereby the tribunal allowed the appeal of the respondent-assessee.2. m/s. initiating explosives systems ..... thus quoted.5. after having been given an opportunity of personal hearing to the respondent, the dy. commissioner of customs observed that the value cannot be accepted under section 14(1a) of the act and the said value cannot be determined as per rule 4 of the customs valuation rules, 1988 because buyer and seller are related and the relationship has influenced .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC743; 2007AIRSCW7897; 2008(1)Crimes82; 2008(2)KCCRSN104
..... jurisdiction to try the offence under tada it could not have tried the appellant even for offences under the explosive substances act, 1908 or the explosives act, 1884. thus the conviction of the appellant under section 5 of the explosive substances act, 1908 is illegal.11. the aforesaid view has also been taken by this court in rambhai nathabhai gadhvi ..... and proceeded with the trial of the appellant. ultimately the designated court acquitted the appellant for the offences under tada and the explosives act, 1884, but convicted him only under section 5 of the explosive substances act, 1908 and sentenced him to 5 years r.i. and a fine of rs. 1,000/-.4. shri sushil kumar, ..... mentioned earlier, the alleged recovery of the incriminating article from the appellant took place on 12.3.1992 and the case was registered under sections 4 and 5 of the explosives act, 1884. the police, after investigation, submitted charge-sheet before the designated court on 24.2.1994. in the charge-sheet there was no .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2007(12)SC635; 2007(13)SCALE181; 2007AIRSCW7259
..... assessee, m/s. idl industries ( formerly idl chemicals ltd.), a company under the indian companies act having its registered office at kukatpalli, andhra pradesh engaged in manufacturing explosive, detonators and accessories and holding licence under the explosive act, 1984. it has a manufacturing unit at sonaparbet near rourkela in orissa which is also registered under ..... both orissa sales tax act, 1947 and the central sales tax act, 1956 with the sales tax officer, rourkela i ..... /s. cil, whether the sales tax tribunal was correct in law to hold that the transactions do not constitute sale falling under section 3(a) of the c.s.t. act ?(3) that in view of the fact that the indents placed by the constituents of m/s.idl was mere indents to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008CriLJ438; JT2007(12)SC472; 2007AIRSCW6798; (2007)4Crimes159(SC)
..... the respondent before the high court. the first informant also filed a criminal revision application against the judgment and order acquitted the respondents under sections 3 and 4 of the explosive substances act as also for enhancement of sentence. both, the criminal appeal as also the revision application, were taken up for hearing together by ..... s). 7. the learned sessions judge found the respondents guilty for commission of an offence under section 307/109b of the indian penal code but acquitted them from the charges under sections 3 and 4 of the explosive substance act on the ground that no sanction from the appropriate authority had been obtained therefore. janardan yadav ..... recovered from the place of occurrence. 6. accused were charged for alleged commission of offence under sections 334 and 307/109 of the indian penal code and sections 3 and 4 of the explosive substances act. motive for commission of the said offence is said to be rivalry inter se between the parties in regard to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008CriLJ364; JT2007(12)SC102; (2008)1SCC601
..... as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely effect 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 fire-arms or other lethal weapons or ..... the cr.p.c. as to their involvement in any terrorist or disruptive activity. the sine-qua-non for the applicability of sub-section (3) of section 3 and sub-section (1) of section 4 of the act that is 'knowingly facilitates' the commission of the offence is thus not made out on facts. we have in addition gone through the ..... 15. recording of confession made to police officers. - (1) a confession made by a person before a police officer and recorded by such police officer under section 15of the act shall invariably be recorded in the language in which such confession is made and if that is not practicable, in the language used by such police officer for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2007(11)SC411; 2007(11)SCALE568; (2007)8SCC629; (2007)10VST1(SC); 2007AIRSCW6152
..... transferred outside the state of orissa for being further used in the manufacture of a final product i.e. 'bulk explosive', there is no contravention of the 5th proviso to section 5(1) of the act. raw materials purchased at concessional rate of tax would be liable to tax at the full rate prevailing on the ..... appellants instead of selling the manufactured goods transferred it to other places for further manufacture of 'bulk explosive'. the transfer clearly falls within the expression 'any other purpose' mentioned in the 5th proviso to section 5(1) of the act. as the goods manufactured have not been sold but have been transferred, there is a violation ..... the 'bulk premix' was transferred to its different branches for manufacture of 'bulk explosive'. the high court held that the sales tax authorities were justified in demanding differential tax as provided in the 5th proviso to section 5(1) of the act on the raw material (ammonium nitrate) purchased by furnishing declaration in form iv .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007CriLJ4688; [2007(4)JCR32(SC)]; 2007(9)SCALE429; (2007)9SCC352
..... i.c.r. no. 244 of 2002 registered at satellite police station for offences punishable under sections 120(b), 307, 337, 286 of the indian penal code, 1860 (in short the 'ipc') read with sections 3, 4 and 6 of explosive substances act, 1908 (in short the 'explosive act') and under sections 3(3), 4, 20, 21(2)(b) and 22(3) of the pota. it is ..... . leave granted. 2. challenge in this appeal is to the order passed by the division bench of the gujarat high court dismissing the appeal filed under section 34(1)(4) of the prevention of terrorism act, 2000 (in short the 'pota'). there seems to be some confusion about the factual position and therefore the details are not necessary to be noted.3 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2631; 2007(5)ALLMR(SC)446; JT2007(9)SC201; 2007(9)SCALE80; (2007)6SCC506
..... to supply and free usage of arms and explosives with a view to obstructing the progress of projects of national importance.3. on 7th july, 2006, when the writ petition was moved, this court did ..... direction which this hon'ble court may deem fit.2. the prayers indicate that the writ petitioner is basically concerned with the alleged acquisition and supply of arms, explosives, detonators, gelatin sticks and bullets by the respondent nos. 4, 5 and 6 and their support groups naxalite organizations. further allegations have been made with regard ..... in the writ petition to receive foreign funds. however, it has also been categorically stated that an inspection was carried out in terms of section 14 of the foreign contribution (regulation) act, 1976 into the books of accounts of among others the narmada bachao andolan, badwani, madhya pradesh in 2002 and the same did not reveal .....
Tag this Judgment!