Court : Supreme Court of India
Decided on : Dec-22-1989
Reported in : AIR1990SC1480; (1990)1CompLJ125(SC); JT1989(4)SC582; 1991(2)SCALE841; (1990)1SCC613; [1989]Supp2SCR597
..... strength for the foreign multinationals, the nature of injuries and damages, and the limited but significant right of participation of the victims as contemplated by section 4 of the act, the act cannot be condemned as unreasonable.100. in this connection, the concept of 'parens patriae' in jurisprudence may be examined. it was contended by ..... ago, this country was shaken to its core by a national catastrophe, second in magnitude and disastrous effects only to the havoc wrought by the atomic explosions in hiroshima and nagasaki. multitudes of illiterate and poverty-stricken people in and around bhopal suffered damage to life and limb due to the escape of ..... right to institute proceedings within or outside india along with right to institute any suit or other proceedings or to enter into compromise. sub-section 1 of section 3 of the act, therefore, substitutes the central government in place of the victims. the victims, or their heirs and legal representatives, get their rights substituted in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-27-1989
Reported in : JT1989(3)SC231; 1989(2)SCALE99; (1989)4SCC43; [1989]3SCR569
..... 324, 504, 114 ipc, 135(1) b.p compounded 2. maninagar 120/86 sections 336, 337, 427, 114 ipc compounded 3. kagdapith 225/87 section 135(1) b.p. conviction 4. maninagar 122/86 sections 307/451, 147, 148, 149, 436, 440, not proved 120b ipc 258 arms act, 3, 4, explosive. 5. maninagar 33/88 secs. 324, 504, 114 under in- ipc, 135(1 ..... ) b.p. act investigation. 6. kagdapith 51/88 307, 232, 114 ipc, under 135(1 ..... ) b.p. act, investigation. 7. kagdapith 81/88 326, 114 ipc .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-05-1989
Reported in : AIR1989SC1703; (1990)1GLR489(SC); JT1989(2)SC323; (1989)3SCC321; [1989]3SCR182
..... pending 66(b) 65(a)81 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- s.no. police station cr no. section disposal ------------------------------------------------------------------------------- (1) kalupur 2/88 ipc 307, 120(b) 212; under inquiry terrorist act, section 3(1)(3); explosives sections 4, 5; arms act 25(l)(a)(c); bombay police act 135(1) ------------------------------------------------------------------------------- 3. from the above materials, the detaining authority has concluded that ..... the detenu was a bootlegger within the meaning of section 2(b) of the act.4. it is further stated that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-1989
Reported in : AIR1989SC2138; (1989)2CompLJ95(SC); JT1989(2)SC338; 1989(1)SCALE1353; 1990Supp(1)SCC440; [1989]3SCR43
..... ril in the rpl properties but also the security and with regard to the approval of the financial scheme under monopolies & restrictive trade practices act, the licence under the petroleum act, explosive act, etc , sri pagaria has referred to the requirements under a large number of enactments and contended that, until requisite consents, approvals, licences ..... corpn. of india ltd. as regards convertible debenture issue, it was asserted that there is no violation of the provisions of section 81(5) of the companies act, 1956 as the section contemplates only an optional conversion of government loan into equities, in the instant case, there is a compulsory conversion of publicly held ..... time a public interest aspect of the issue of shares and debentures. in the past decades, investors in shares and equities constituted a very limited section of the public and consisted of two extreme types-either persons who could shrewdly appraise the merits of each issue and take a considered decision .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-29-1989
Reported in : 1989Supp(2)SCC197
..... is on the face of it untenable in the light of sections 6 and 9 of the act. section 6 lays down that if in any area notified by the state government under the act a person contravenes any provision or rule made under the arms act, the explosives act, the explosive substances act and the inflammable substances act then he is liable to enhanced punishment as provided for in ..... the section. section 9 lays down that notwithstanding anything contained in the code, every offence punishable under the act or any rule made thereunder shall be triable only by the designated court within whose local .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-28-1989
Reported in : 1989Supp(2)SCC152
..... found to contain a hand grenade and some terrorist literature. she was, therefore apprehended and a case was registered against her under sections 3 and 4 of the act and section 5 of the explosive substances act. the designated judge accepted the evidence of pw 3 and the other prosecution witnesses and convicted and sentenced the appellant as stated above ..... three years and to pay a fine of rs 100, in default to undergo simple imprisonment for one month. she has also been convicted under section 5 of the explosive substances act and sentenced to undergo ri for two years, the said sentences to run concurrently with the former sentence.2. the prosecution case was that at ..... not proved in an acceptable manner that what had been seized from the appellant was indeed a hand grenade or any other explosive substance so as to attract the operation of section 3(3) of the act. the appellant is, therefore, entitled to the benefit of doubt. consequently, the appeal is allowed and the conviction and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-03-1989
Reported in : AIR1989SC226; 1989CriLJ2303; (1989)2GLR940; JT1989(1)SC478; 1989(1)SCALE542; (1989)2SCC222; [1989]1SCR890; 1989(2)LC36(SC)
..... of bombaypolice act.11. it has also ..... 2/88 under section 307, 120(b) of pending i.p.c. under section 3(1) of for exa-terrorists act, under section 4, mention.5 of explosives act,under section 25(l)(c)(l) of arms act and under section 135(1) ..... p.s. kalupur case no. 372/85 under section 25(a)(c) of arms pending in act, sections 4, 5 of court explosive act.2. p.s. kalupur case no. 456/87 under section 120(b) of i.p.c. pending under section 25(1)(e)(c) of for exa-arms act and under section (1) mention of the terrorists act, 1985.3. p.s. kalupur case no. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-03-1989
Reported in : 1989(2)ARBLR159(SC); JT1989(2)SC89; 1989(1)SCALE664; (1989)2SCC347; [1989]1SCR880; 1989(2)LC46(SC)
..... under the said punjab rice order and to that the millers submitted. this item is, therefore, allowed.4 the respondent filed an application under section 14 of the arbitration act, 1940 (hereinafter referred to as 'the act') for filing of the award and prayed for making the award the rule of the court. the appellant on 25th may, 1982 filed ..... of disputes between the parties, has a tradition in india. it has a social purpose to fulfil today. it has a great urgency today when there has been an explosion of litigations in the courts of law established by the sovereign power. new rights created, or awareness of these rights, the erosion of faith in the intrinsic sense ..... and norms which will create confidence, not only by doing justice between the parties, but by creating a sense that justice appears to have been done. sections 30 and 33 of the act provide for the grounds on which an award of the arbitrator can be set aside. these were mainly, until recent changes made by statutory laws in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-17-1989
Reported in : AIR1989SC1030; 1989(2)BLJR59; JT1989(1)SC425; 1989(1)SCALE162; (1989)1SCC452; [1989]1SCR168; 1989(1)LC379(SC)
..... or using the electrical energy to be supplied under this agreement either in whole, or in part due to strikes, riots, fire, floods, explosions, act of god or any other case reasonably beyond control or if the board is prevented from supplying or unable to supply such electrical energy owing to any or all of ..... contingency and it provides for the failure on the part of the supplier and also failure on the part of consumer in the circumstances like strike, riot, fire, flood, explosion or act of god or any other reason beyond the control of either of the parties. clause 13 of the agreement reads:if at any time the consumer is prevented from receiving .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-22-1989
Reported in : AIR1990SC820; 1989(2)SCALE1483; (1990)3SCC87; [1989]Supp2SCR731; [1990]77STC82(SC); 1990(1)LC482(SC)
..... which was a decision of a bench of this court consisting of 7 learned judges, and was concerned with the rajasthan motor vehicles taxation act, 1951. sub-section (1) of section 4 of that act provided that no motor vehicle shall be used in any public place or kept for use in rajasthan unless the owner thereof had paid, in ..... = 2% surcharge on electronic goods sold within the state irrespective of their manufacture. the state govt. in pursuance of the powers conferred on it under section 5 of the act issued the notification dt. 11-12-86 stating that the rate of sales tax payable by an electronic manufacturing unit existing in punjab in cases of electronic goods ..... motor vehicles for the period from april 1, 1951 to march 31, 1954. the appellants challenged the legality of the demand on the grounds that section 4-of the act read with the schedules constituted a direct and immediate restriction on the movement of trade and commerce with and within rajasthan inasmuch as motor vehicles which .....
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