Array ( [0] => ..... william l. taylor; and for t. alexander aleinikoff et al. by anthony j. grler. 513 chief justice rehnquist delivered the opinion of the court. section 236(c) of the immigration and nationality act, 66 stat. 200, as amended, 110 stat. 3009-585, 8 u. s. c. 1226(c), provides that "[t]he attorney general ..... scalia, j., dissenting) (arguing that opinion established "a superclear statement, 'magic words' requirement for the congressional expression of" an intent to preclude habeas review). section 1226(e) contains no explicit provision barring habeas review, and we think that its clear text does not bar respondent's constitutional challenge to the legislation authorizing his ..... aliens to bail, both before an initial finding of deportability and during the appeal therefrom); in re chow goo pooi, 25 f. 77, 78 (cc cal. 1884). the breadth of this practice is evident from one court's statement that "[tjo hold bail altogether inadmissible ... would invalidate hundreds of existing recognizances." ah tai, ..... [1] => ..... to be an assembly of five or more persons, where the common object of the persons comprising that assembly is to commit any of the act enumerated in the five clauses of that section. section 149 provides that every member of unlawful assembly is guilty of offence committed in prosecution of common object and if an offence is committed by any ..... to be a member of an unlawful assembly, it must be shown that he had committed some illegal overt act or had been guilty of some illegal omission in pursuance of the common object of the assembly. in fact, section 149 makes it clear that if an offence is committed by any member of an unlawful assembly in prosecution of ..... ipc and acquitted accused nathu, balji, heera and dheera for the offence under section 302 read with section 149 ipc on the ground that common object has not been established by the prosecution and no overt act whatsoever has been attributed to them. this is what the high court has said:'we are, however, of the opinion that in the ..... [2] => ..... with the union but has been placed under a special system of control and conferred certain privileges by virtue of the provisions contained in sections 619 and 620 of the companies act. merely because the entire share holding is owned by the central government will not make the incorporated company as central government. it is ..... supplied)21. it may be noticed that in these cases the court was considering the question of wage structure for workmen who belong to economically poor section of society and providing them even living wage was held to be a distant dream on account of economic considerations and also the capacity of the industry ..... regard.14. the fertilizer corporation of india and hindustan fertilizer corporation are both companies registered under the companies act with the only difference that they are government companies within the meaning of section 617 of the companies act. what will be the legal position of a government company and whether its employees will be traced to ..... [3] => ..... president and every member of the court martial is required to be administered an oath or affirmation in the form and manner prescribed by section 104 of the act. thereafter under section 105 when the court is ready to commence the trial, the trial judge advocate is required to read out the charges and ask ..... were wholly inapplicable to the case in hand, because in that case this court had considered the provisions of the army act, particularly section 130 thereof which is quite different from section 102 of the act. he, therefore, supported the ruling of thetrial judge advocate rejecting the objection of the respondent to two members of ..... martial and participated in the proceeding when the objection against cdr. narayan was referred to the court martial. having regard to the procedure prescribed by section 102 of the act, the continued participation of captain rajiv girotra and cdr. suresh mehta, without consideration of objection against them in accordance with law, vitiated the ..... [4] => ..... this court in the decision of mrs. bacha f. guzdar v. cit : [1955]27itr1(mad) . it is clear, therefore, that the word 'derived from' in section 80hh of the income-tax act, 1961, must be understood as something which has direct or immediate nexus with the appellant's industrial undertaking. although electricity may be required for the purposes of the ..... on the merits, the decision of the high court in adopting the reasoning given in pandian chemicals ltd.'s case : [1998]233itr497(mad) was correct.4. section 80hh of the income-tax act grants deduction in respect of profits and gains 'derived from' an industrial undertaking. the contention of the appellant before us is that interest earned on the deposit made ..... order1. the assessment year in question is 1984-85. the following question was referred under section 256(1) of the income-tax act, 1961, to the high court:'whether on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the interest on deposits ..... [5] => ..... consider whether, on merits, the decision of the high court in adopting the reasoning given in the pandian chemicals ltd.s case (supra) was correct.4. section 80hh of income tax act grants deduction in respect of profits and gains 'derived from' an industrial undertaking. the contention of the appellant before us is that interest earned on the deposit ..... this court in the decision of mrs. bacha f. guzdar v. cit : [1955]27itr1(mad) . it is clear, therefore, that the word 'derived from is section 80hh of the income tax act, 1961 must be understood as something which has direct or immediate nexus with the appellants industrial undertaking. although electricity may be required for the purposes of the industrial ..... orderthe assessment year in question is 1984-85. the following question was referred under section 256(1) of the income tax act, 1961 to the high court :'whether on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the interest on deposits ..... [6] => ..... minor sons and their unmarried minor daughters. unmarried major daughters are not included in the definition of the 'family unit'.5. 'ceiling area' is prescribed under section 4 of the act. section 4 along wit explanation reads as follows:-'(1) the ceiling area in the case of family unit consisting of not more than five members shall be an ..... . appellant no. 6 got married on 29.8.1986 and the appellant no. 7 remained unmarried. the contention of the appellants' counsel is that section 29a of the hindu succession act being applicable to the state of andhra pradesh, the daughters are to be treated as members of the co-parcenery and they are entitled to equal ..... been fixed treating them as additional members of the family. however, the high court rejected the plea of the appellants and held that the amendment to section 29 of the hindu succession act will not after the position and the appellants herein are not entitled to get any additional share.3. in order to appreciate the contention of the ..... [7] => ..... a general enactment is to limit that general enactment in certain instances' (per lord esher in re barker, 25 q.b.d. 285).15. a proviso to a section cannot be used to import into the enacting part something which is not there, but where the enacting part is susceptible to several possible meanings it may be controlled by ..... that end it would be proper and even necessary to assume all those facts on which alone the fiction can operate (see hill v. east and west india dock co. (1884 (9) ac 448 (h.l.), state of travancore cochin and ors. v. shanmugha vilas cashewnut factory : [1954]1scr53 , american home products corporation v. mac laboratories pvt. ltd. and ..... : [1962]2scr159 and calcutta tramways co. ltd. v. corporation of calcutta : [1965]3scr354 ; when one finds a proviso to a section the natural presumption is that, but for the proviso, the enacting part of the section would have included the subject matter of the proviso. the proper function of a proviso is to except and to deal with a ..... [8] => ..... in execution of the decree in o.s. no. 20 of 1945. in that context, the high court may also examine whether the appellant can take shelter under section 7 of the act, notwithstanding such attachment or sale, to sustain the legality of the tenancy.18. the appeal is allowed accordingly and the case is remitted to high court for fresh ..... date, on which the appellant has to establish his possession/cultivation as tenant is 1.1.1964. after that date the creation of tenancy is prohibited under section 74 of the act which also declares that any such tenancy shall be invalid. it admits of doubt that the burden is on the appellant to prove the tenancy on the crucial ..... or property is cashew garden of an extent of 12.41 acres.2. the appellant filed an application before the land tribunal, mannarghat on 24.8.1971 under section 72b of the act for the assignment of the right, title and interest of the land-owners and the intermediaries as regards the schedule mentioned lands on the basis that he was ..... [9] => ..... indicated as such deferment. reliance was also placed on a letter of the state government dated 24.9.1992 which according to it was a direction in terms of section 34 of the act. according to this letter, in view of financial position of the corporation, the matter relating to payment of the enhanced amounts may be deferred for better times. ..... controversy as to the true nature of the said government letter (ex.p-1). while the corporation's stand is that it is an instruction in terms of section 34 of the act, the pensioners took the stand that the government only allowed the corporation to defer the matter for some time. high court accepted the stand of the writ petitioners ..... payments were to be made for that purpose relied on ex.p-1, letter of the government. whether the letter (ex.p-1) constituted a direction under section 34 of the act is an issue which is linked with several other issues like power of the corporation to fix a different date de hors any special direction of the government ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Supreme Court of India - Year 2003 - Page 24 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: supreme court of india Year: 2003 Page 24 of about 334 results (1.696 seconds)

Apr 29 2003 (FN)

Demore Vs. Kim

Court : US Supreme Court

Decided on : Apr-29-2003

..... william l. taylor; and for t. alexander aleinikoff et al. by anthony j. grler. 513 chief justice rehnquist delivered the opinion of the court. section 236(c) of the immigration and nationality act, 66 stat. 200, as amended, 110 stat. 3009-585, 8 u. s. c. 1226(c), provides that "[t]he attorney general ..... scalia, j., dissenting) (arguing that opinion established "a superclear statement, 'magic words' requirement for the congressional expression of" an intent to preclude habeas review). section 1226(e) contains no explicit provision barring habeas review, and we think that its clear text does not bar respondent's constitutional challenge to the legislation authorizing his ..... aliens to bail, both before an initial finding of deportability and during the appeal therefrom); in re chow goo pooi, 25 f. 77, 78 (cc cal. 1884). the breadth of this practice is evident from one court's statement that "[tjo hold bail altogether inadmissible ... would invalidate hundreds of existing recognizances." ah tai, .....

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Apr 28 2003 (SC)

State of Rajasthan Vs. Nathu and ors.

Court : Supreme Court of India

Decided on : Apr-28-2003

Reported in : 2003(2)ALD(Cri)103; 2003(2)ALT(Cri)173; JT2003(4)SC496; 2003(4)SCALE350; (2003)5SCC537; [2003]3SCR967; 2003(2)LC969(SC)

..... to be an assembly of five or more persons, where the common object of the persons comprising that assembly is to commit any of the act enumerated in the five clauses of that section. section 149 provides that every member of unlawful assembly is guilty of offence committed in prosecution of common object and if an offence is committed by any ..... to be a member of an unlawful assembly, it must be shown that he had committed some illegal overt act or had been guilty of some illegal omission in pursuance of the common object of the assembly. in fact, section 149 makes it clear that if an offence is committed by any member of an unlawful assembly in prosecution of ..... ipc and acquitted accused nathu, balji, heera and dheera for the offence under section 302 read with section 149 ipc on the ground that common object has not been established by the prosecution and no overt act whatsoever has been attributed to them. this is what the high court has said:'we are, however, of the opinion that in the .....

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Apr 25 2003 (SC)

A.K. Bindal and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-25-2003

Reported in : AIR2003SC2189; 2003(4)ALLMR(SC)1160; 2003(3)AWC2243(SC); [2003]114CompCas590(SC); [2003(98)FLR1]; [2003(3)JCR146(SC)]; JT2003(4)SC328; (2003)IILLJ1078SC; (2003)134PLR470; 2

..... with the union but has been placed under a special system of control and conferred certain privileges by virtue of the provisions contained in sections 619 and 620 of the companies act. merely because the entire share holding is owned by the central government will not make the incorporated company as central government. it is ..... supplied)21. it may be noticed that in these cases the court was considering the question of wage structure for workmen who belong to economically poor section of society and providing them even living wage was held to be a distant dream on account of economic considerations and also the capacity of the industry ..... regard.14. the fertilizer corporation of india and hindustan fertilizer corporation are both companies registered under the companies act with the only difference that they are government companies within the meaning of section 617 of the companies act. what will be the legal position of a government company and whether its employees will be traced to .....

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Apr 24 2003 (SC)

Union of India (Uoi) and ors. Vs. Shivendra Bikaram Singh

Court : Supreme Court of India

Decided on : Apr-24-2003

Reported in : AIR2003SC2481; 2003(2)ALD(Cri)147; 2003CriLJ3028; JT2003(4)SC235; 2003(4)SCALE284; (2003)6SCC359; [2003]3SCR881; 2003(2)LC1066(SC)

..... president and every member of the court martial is required to be administered an oath or affirmation in the form and manner prescribed by section 104 of the act. thereafter under section 105 when the court is ready to commence the trial, the trial judge advocate is required to read out the charges and ask ..... were wholly inapplicable to the case in hand, because in that case this court had considered the provisions of the army act, particularly section 130 thereof which is quite different from section 102 of the act. he, therefore, supported the ruling of thetrial judge advocate rejecting the objection of the respondent to two members of ..... martial and participated in the proceeding when the objection against cdr. narayan was referred to the court martial. having regard to the procedure prescribed by section 102 of the act, the continued participation of captain rajiv girotra and cdr. suresh mehta, without consideration of objection against them in accordance with law, vitiated the .....

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Apr 24 2003 (SC)

Pandian Chemicals Ltd. Vs. Commissioner of Income-tax

Court : Supreme Court of India

Decided on : Apr-24-2003

Reported in : (2003)183CTR(SC)99; [2003]262ITR278(SC); (2003)5SCC590

..... this court in the decision of mrs. bacha f. guzdar v. cit : [1955]27itr1(mad) . it is clear, therefore, that the word 'derived from' in section 80hh of the income-tax act, 1961, must be understood as something which has direct or immediate nexus with the appellant's industrial undertaking. although electricity may be required for the purposes of the ..... on the merits, the decision of the high court in adopting the reasoning given in pandian chemicals ltd.'s case : [1998]233itr497(mad) was correct.4. section 80hh of the income-tax act grants deduction in respect of profits and gains 'derived from' an industrial undertaking. the contention of the appellant before us is that interest earned on the deposit made ..... order1. the assessment year in question is 1984-85. the following question was referred under section 256(1) of the income-tax act, 1961, to the high court:'whether on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the interest on deposits .....

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Apr 24 2003 (SC)

Pandian Chemicals Ltd. Vs. Cit

Court : Supreme Court of India

Decided on : Apr-24-2003

Reported in : [2003]129TAXMAN539(SC)

..... consider whether, on merits, the decision of the high court in adopting the reasoning given in the pandian chemicals ltd.s case (supra) was correct.4. section 80hh of income tax act grants deduction in respect of profits and gains 'derived from' an industrial undertaking. the contention of the appellant before us is that interest earned on the deposit ..... this court in the decision of mrs. bacha f. guzdar v. cit : [1955]27itr1(mad) . it is clear, therefore, that the word 'derived from is section 80hh of the income tax act, 1961 must be understood as something which has direct or immediate nexus with the appellants industrial undertaking. although electricity may be required for the purposes of the industrial ..... orderthe assessment year in question is 1984-85. the following question was referred under section 256(1) of the income tax act, 1961 to the high court :'whether on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the interest on deposits .....

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Apr 23 2003 (SC)

B. Chandrasekhar Reddy (D) by Lrs. Vs. State of Andhra Pradesh

Court : Supreme Court of India

Decided on : Apr-23-2003

Reported in : AIR2003SC2322; 2003(4)ALT9; JT2003(4)SC127; 2003(4)SCALE209; (2003)5SCC585; [2003]3SCR870

..... minor sons and their unmarried minor daughters. unmarried major daughters are not included in the definition of the 'family unit'.5. 'ceiling area' is prescribed under section 4 of the act. section 4 along wit explanation reads as follows:-'(1) the ceiling area in the case of family unit consisting of not more than five members shall be an ..... . appellant no. 6 got married on 29.8.1986 and the appellant no. 7 remained unmarried. the contention of the appellants' counsel is that section 29a of the hindu succession act being applicable to the state of andhra pradesh, the daughters are to be treated as members of the co-parcenery and they are entitled to equal ..... been fixed treating them as additional members of the family. however, the high court rejected the plea of the appellants and held that the amendment to section 29 of the hindu succession act will not after the position and the appellants herein are not entitled to get any additional share.3. in order to appreciate the contention of the .....

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Apr 22 2003 (SC)

Ali M.K. and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Decided on : Apr-22-2003

Reported in : AIR2003SC4006; [2003(97)FLR1003]; 2003(2)KLT922(SC); 2003(4)SCALE197; (2003)11SCC632; [2003]3SCR826; 2003(2)SLJ380(SC)

..... a general enactment is to limit that general enactment in certain instances' (per lord esher in re barker, 25 q.b.d. 285).15. a proviso to a section cannot be used to import into the enacting part something which is not there, but where the enacting part is susceptible to several possible meanings it may be controlled by ..... that end it would be proper and even necessary to assume all those facts on which alone the fiction can operate (see hill v. east and west india dock co. (1884 (9) ac 448 (h.l.), state of travancore cochin and ors. v. shanmugha vilas cashewnut factory : [1954]1scr53 , american home products corporation v. mac laboratories pvt. ltd. and ..... : [1962]2scr159 and calcutta tramways co. ltd. v. corporation of calcutta : [1965]3scr354 ; when one finds a proviso to a section the natural presumption is that, but for the proviso, the enacting part of the section would have included the subject matter of the proviso. the proper function of a proviso is to except and to deal with a .....

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Apr 21 2003 (SC)

P.K. Mohd. Shaffi Vs. Pallath Mohd. Haji (Dead) by L.Rs. and ors.

Court : Supreme Court of India

Decided on : Apr-21-2003

Reported in : AIR2003SC2732; JT2003(4)SC216; 2003(4)SCALE174; (2003)10SCC94

..... in execution of the decree in o.s. no. 20 of 1945. in that context, the high court may also examine whether the appellant can take shelter under section 7 of the act, notwithstanding such attachment or sale, to sustain the legality of the tenancy.18. the appeal is allowed accordingly and the case is remitted to high court for fresh ..... date, on which the appellant has to establish his possession/cultivation as tenant is 1.1.1964. after that date the creation of tenancy is prohibited under section 74 of the act which also declares that any such tenancy shall be invalid. it admits of doubt that the burden is on the appellant to prove the tenancy on the crucial ..... or property is cashew garden of an extent of 12.41 acres.2. the appellant filed an application before the land tribunal, mannarghat on 24.8.1971 under section 72b of the act for the assignment of the right, title and interest of the land-owners and the intermediaries as regards the schedule mentioned lands on the basis that he was .....

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Apr 17 2003 (SC)

Kerala State Road Transport Corpn. Vs. K.O. Varghese and ors.

Court : Supreme Court of India

Decided on : Apr-17-2003

Reported in : AIR2003SC3966; [2003(97)FLR1010]; [2004(1)JCR210(SC)]; JT2003(Suppl2)SC145; 2003(2)KLT706(SC); 2003(4)SCALE229; (2003)12SCC293; [2003]3SCR779; 2003(3)SLJ278(SC)

..... indicated as such deferment. reliance was also placed on a letter of the state government dated 24.9.1992 which according to it was a direction in terms of section 34 of the act. according to this letter, in view of financial position of the corporation, the matter relating to payment of the enhanced amounts may be deferred for better times. ..... controversy as to the true nature of the said government letter (ex.p-1). while the corporation's stand is that it is an instruction in terms of section 34 of the act, the pensioners took the stand that the government only allowed the corporation to defer the matter for some time. high court accepted the stand of the writ petitioners ..... payments were to be made for that purpose relied on ex.p-1, letter of the government. whether the letter (ex.p-1) constituted a direction under section 34 of the act is an issue which is linked with several other issues like power of the corporation to fix a different date de hors any special direction of the government .....

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