Court : Supreme Court of India
Decided on : Jul-29-2003
Reported in : AIR2003SC3074; 2003(2)ALD(Cri)465; 2003(2)ALT(Cri)182; 2003CriLJ3854; 2003(4)CTC42; II(2003)DMC379SC; JT2003(7)SC143; 2003(6)SCALE127; (2003)10SCC78
..... power of the union extends.(iii) prisoners convicted under narcotic drugs and psychotropic substances act, the scheduled castes and scheduled tribes (prevention of atrocities) act, explosive substances act, indian explosive substances act, indian explosive act and indian arms act, while being sentenced to imprisonment for life.(iv) prisoners convicted for crimes against women such as section 376 and 351 ipc while being sentenced to imprisonment for life.(v) prisoners convicted ..... for the offences of theft, robbery, dacoity and receiving stolen property (i.e. section 173 to 411 ipc) while .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-23-2003
Reported in : AIR2003SC2881; 2003(5)ALD26(SC); 2003(2)ARBLR666(SC); 2003(4)AWC2674(SC); 2003(3)BLJR2433; (2003)4CompLJ311(SC); 2003(3)CTC438; [2003(4)JCR140(SC)]; JT2003(6)SC1; (2003)135
..... marketing discipline and for the proper carrying on of the dealership of the corporation.(b) the dealer shall observe and comply with the provisions of petroleum act, 1934, explosives act, 1884, weights & measures act, 1976, etc., and all rules and regulations made thereunder.(c) the dealer shall faithfully observe and perform all the obligations, duties and requirements under ..... no stay was granted.9. in reply to the plaint filed in the civil judge's court, the appellant filed an application under section 8 read with section 5 of the act in the said suit praying for referring the dispute pending before the civil court to the arbitrator as per clause 40 of the dealership ..... being fully understood and agreed by and between the parties hereto that the vacancy should not be supplied within the meaning of sub-section 1(b) of section 8 of the arbitration act, 1940 (act no. 10 of 1940).(f) the award of the arbitrator so appointed shall be final conclusive and binding on all parties to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-09-2003
Reported in : 2003(2)ALD(Cri)109; 104(2003)DLT64(SC); (2004)1GLR570; 2003(2)JKJ464[SC]; JT2003(4)SC605; 2003(4)SCALE629; (2003)6SCC641; 2003(2)LC1233(SC)
..... reported in : 2001crilj165 thequestion was whether arrest and search by an officer not empowered or authorised andtherefore in violation of section 41 and 42 of the narcotics drugs and psychotropicsubstances act, 1985 was per se illegal and would vitiate trial. this court held that whencriminal proceedings are initiated on the basis of ..... was whether the high court can exercise its inherent power undersection 482 of the criminal procedure code to quash an interlocutory order. in thisjudgment the provision of section 397(2) of the criminal procedure code, which barreda revision against an interlocutory order, were also considered. it was held that thepurpose of putting a bar ..... material collected on search and arrestwhich are per se illegal, power under section 482 can be exercised to quash theproceedings as .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-07-2003
Reported in : AIR2003SC2206; [2003(3)JCR80(SC)]; JT2003(5)SC290; 2003(4)SCALE613; (2003)5SCC593
..... to be supplied under this agreement either in whole or in part owing to any strike, riots, insurrections, command of a civil or military authority, fire, explosions, act of god or any other causes beyond his/their/its control or if the board is prevented from supplying or is unable to supply such electrical energy owing to ..... andhra pradesh state electricity board and ors. : [1991]2scr624 . in andhra steel's case (supra) it was held that decision of the state government under section 78a of the supply act, to fix concessional tariff is not sufficient to absolve the consumer from the liability undertaken to pay the minimum guaranteed charges. the liability flows from the agreement. ..... demand charge ... rs. 33.00 per kva monthplusii) energy ... rs. 12.8 per kwh.' 9. it is to be noted that in exercise of power under section 22b of the act, the board was prevented from supplying electrical energy during certain specified hours of each day of each month. definition of 'maximum demand' in terms of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-02-2003
Reported in : 104(2003)DLT618(SC); JT2003(4)SC505; 2003(4)SCALE494; (2003)9SCC630; [2003]3SCR1092; 2003(3)SLJ288(SC); 2003(2)LC849(SC); (2003)2UPLBEC1479
..... of principle of natural justice. the order of wing commander s.l. gupta was a lawful order and its disobedience by the respondent attracted the provisions of section 41 of the act which made it an offence punishable with a term of imprisonment which may extend to 14 years.5. the high court rejected the contention of the respondent ..... on 27th june, 1976. in the year 1976 he was posted at udhampur. in the course of his duties he found certain irregularities in the matter of transportation of explosives, which were being transported piecemeal at higher rates. he, therefore, brought this to the notice of the authorities and pointed out that air marshal dilbagh singh had passed orders ..... that the order passed by wing commander was an illegal order and that its disobedience did not amount to a disobedience of a lawful order for purposes of section 41 of the act. relying upon the judgment of this court in ranjit thakur v. union of india : it was held that the said order of wing commander gupta was .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-30-2003
Reported in : JT2003(4)SC294; RLW2003(3)SC424; 2003(4)SCALE402; (2003)9SCC673; 2003(2)LC993(SC)
..... on each of them; in default to undergo ri for 3 months. nextly, he held a-5 guilty of offences punishable under sections 9b(i)(b) and 9c of the explosive act, 1884 and sentenced him to undergo ri for 2 years with a fine of rs. 500/-; in default to undergo further ri for 3 ..... act'), section 120b ipc; and sections 5 and 6 of the explosive substances act and section 9b and 9c of the explosive act. after trial the designated court held the appellants guilty of offences punishable under section 120b ipc, sections 3(3) and 6(1) of the tada, section 5 of the explosive substances act read with section 120b of the ipc and section 6 of the explosive substances act ..... to a-9, told the investigating offices that they had no licence to possess these explosive. thus on the ground that these accused persons had committed an offence under section 9b of the explosives act, sections 4 and 5 of the explosive substances act and section 286 of the ipc, they were arrested. the investigating officer, pw-12, took .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-16-2003
Reported in : AIR2003SC3547; 2003CriLJ2525; [2003(3)JCR27(SC)]; JT2003(4)SC92; 2003(4)SCALE44; (2003)9SCC141
..... by aslam parwez against the judgment and order dated 2.2.1998 of addl. designated court (ii) delhi by which the former was convicted under section 25 of the arms act and section 5 of explosive substances act and was sentenced to two years ri and a fine of rs. 1,000/- under the first count and four years ri and a fine of ..... was issued on 20.10.87 i.e. subsequent to the recovery made on 12.9.87 and accordingly a-1, a-2 and a-3 were charged under section 25 of arms act and section 5 of explosive substances act. since the recovery at the pointing out of aslam @ pappu was made subsequent to the issuance of notification, he was charged under ..... rs. 1500/- under the second count and the latter was convicted under section 5 of terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred as 'the tada') and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-09-2003
Reported in : AIR2003SC4076; 2003(1)ALD(Cri)1016; 2003(2)ALT(Cri)25; 2003CriLJ2302; 2003(2)JKJ271[SC]; 2003(3)SCALE698; (2003)5SCC499; [2003]3SCR470
..... under tada and thereafter submitted charge-sheets against the three accused.3. the designated judge, meerut, took cognizance of the offences and framed charges under section 25 of the arms act, section 5 of the explosive substances act and section 5 of tada against the three accused. the prosecution in support of its case examined 12 witnesses and filed some documentary evidence. the articles recovered were ..... -3 were taken on police remand from the court in crime case no. 30 of 1993 under section 302/207 ipc and sections 3 and 4 of tada and section 5 and 6 of explosive substances act. the accused made disclosure statement that they will get bombs and explosive materials recovered. accordingly, he along with some other police personnel and the accused proceeded for lisari gate .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-26-2003
Reported in : AIR2003SC1311; 2003CriLJ2021; [2003(3)JCR33(SC)]; JT2003(3)SC249; 2003(3)SCALE398; (2003)5SCC291; [2003]3SCR25; 2003(2)LC799(SC)
..... 11.1990 and on the basis of the rukka brought by naresh, constable, at 1.30 p.m., she registered a case against the appellant under sections 3 and 4 of the explosive substances act and sections 3, 4 and 5 of the tada as fir no. 298 of 1990. pw3 babu khan, head constable deposed that pw11 pratap singh, inspector ..... the basis of which cognizance was taken by the designated court. the learned additional sessions judge (designated court no. 1), new delhi, framed charges under sections 4 and 5 of the explosive substances act and sections 3 and 5 of tada on 12.5.1993. the prosecution in support of its case examined 14 witnesses and filed some documentary evidence. the appellant ..... naresh and on the basis thereof pw1 shashi bala, who was on duty, registered a case against the appellant being fir no. 298 of 1990 under sections 3 and 4 of the explosive substances act and sections 3, 4 and 5 of tada. the appellant was produced in court on the next day, where he was taken on police remand. the appellant .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-05-2003
Reported in : AIR2003SC1981; 2003CriLJ1717; 2003(2)JKJ16[SC]; JT2003(3)SC239; 2003(2)SCALE648; (2003)4SCC128
..... has clearly stated that the injuries suffered by the deceased persons at least two of them i.e. rajendra chaudhary and sheo mahto may be caused by explosive substances such as powerful bomb. there is no material collected by the prosecution indicating either the use or otherwise of the bomb in the attack. to ..... santosh hegde, j.1. the two appellants in these appeals along with two other accused persons were charged for committing offences punishable under section 302 ipc and section 27 of the arms act for having committed triple murder of shivnandan mahto, chamru chaudhary and rajendra chaudhary on the night intervening between 10th and 11th october, 1992 ..... of the offences charged and sentenced them to undergo imprisonment for life for an offence punishable under section 302 ipc. he also imposed a sentence of 7 years' ri for offence punishable under section 27 of the arms act, and directed the sentences to run concurrently. against the said judgment and conviction, the appellants preferred .....
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