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 : Rajasthan
Decided on : Dec-06-1989
Reported in : 1989WLN(UC)336
..... , nagar, nadbai and kama; and the areas covered tehsil karauli, sapotara and hindaun of sawaimadhopur district. the government of rajasthan also in exercise of the powers conferred under section 6 of the act of 1986, in consultation with the high court notified three special court one at bharatpur another at karauli mentioning the territorial jurisdiction of each of them vide notification no ..... code of criminal procedure as such offences under sections 216a, 363, 365, 368, 369, 381, 386 ipc similarly regarding kidnapping and abducting any parson for ransom for making or arranging or performing any part of the process and making or arranging buying, selling, possessing, disposing of, supplying or carrying arms or ammunitions or explosives for the purpose of commission of dacoity etc .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-01-1989
Reported in : (1990)82CTR(Kar)260; [1991]187ITR436(KAR); [1991]187ITR436(Karn); 1990(3)KarLJ42
..... above. the bombay high court, while analyzing the provisions, took the view that, with reference to the definition of chargeable profits in section 2(5) of the act and section 2(8) of the act which refers to statutory deductions and stated that when a part of the amount standing to the credit of a general reserve is, during ..... been taken by the calcutta high court in alkali and chemical corporation of india ltd., v. cit : [1980]122itr490(cal) and followed by the same high court in indian explosives ltd., v. cit : [1985]153itr340(cal) . there, their lordships, after noticing the controversy, stated that the problem involved in the interpretation of rule 3 is only arithmetical ..... the number of days of the previous year during which the increase or the reduction remained effective bears to the total number of days in that previous year.' 5. this section has been very clearly analysed by the bombay high court in cit v. centruy spinning and ., : [1978]111itr6(bom) . it is to the following effect. .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-06-1989
Reported in : 1990CriLJ747
..... shops which would be more on account of precautionary measures, but it does not affect even tempo of the community. a panic may be created even where there is an explosion of fire crackers which may be on account of false fear mistreating fire-works for bomb, unleashd by a criminal at the public place in order to achieve his object ..... police party with a view to kill them near street no. 1 of tilak road. the bomb missed them and it exploded on the road. the police party after the explosion chased you and your, associates and could arrest you and 2 others, while others fled away. on search one knife and a cycle chain was recovered from possession of ..... town of ferozabad and a country made tamancha and two live cartridges without licence were recovered from your possession in respect of which a case against you under section 25/27 of arms act is pending the trial in the court.'held...in certain criminal charges mentioned in grounds numbers 2, 3, 4 and 5, there is no difficulty in arresting .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-27-1989
Reported in : ILR1990KAR376; 1990(3)KarLJ499
..... and registered crime no. 71/89 against sri v. ramaswamy and crime no. 72/89 against sri d. soundararajalu for offences punishable under section 5(3)(b) of the explosives act, 1884 (for short 'the act') and took up investigation of the said cases. in the meanwhile b.e.m.l. nagar police reported the seizure of the said fire ..... works and sparklers to the jurisdictional magistrate. immediately smt. shamaladevi and sukanya have filed separate applications under section 457 of the code of criminal procedure ..... each case forthwith.4. sri s.p. shankar, learned counsel for the petitioner urged the following points:-i) that section 5(3)(b) of the explosives act, 1984 is no longer on the statute as it is repealed by act 32 of 1978; ii) that the petitioners are owners of the goods seized from the house/shop called kamadhenu .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-21-1989
Reported in : 1990CriLJ2743
..... filed a charge-sheet against the petitioners and some others for offences punishable under sections 147, 148, 307 read with section 149, i.p.c. and also under sections 3, 5 and 6 of the explosive substances act and under sections 3 and 27 of the indian arms act. it is alleged in the charge-sheet that during the elections of municipal corporation ..... p.c. as well as under the provisions of tada. in the second case the offence is punishable under i.p.c., under the provisions of explosive substances act and indian arms act and also under the provisions of tada. therefore, if any magistrate takes cognizance on the basis of such charge-sheet or police report, he gets ..... is how this application is before us. 3. sri kolanda reddy, learned counsel for the petitioners, submits that tada is more or less a self-contained act and under section 14 the designated court alone has got jurisdiction to take cognizance of the case and in the instant case, though the learned additional sessions judge is also .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-07-1989
Reported in : (1989)91BOMLR922; [1990(60)FLR318]; (1990)IILLJ430Bom
..... not be a person falling under any of the four clauses, i.e. (i) to (iv) mentioned in the definition of 'workman' in section 2(s) of the act. the class of teachers was regarded as not falling within the definition of 'workman' because imparting of education which was the main function of teachers cannot ..... or clerical, but some in one category, other in other category. thus, nature of his duties are within the four categories mentioned in section 2(s) of the industrial disputes act.'8. the learned single judge after quoting extensively from the evidence of the two witnesses examined was inclined to make the following observations :'now, ..... act. with regard to the category of district engineers, it was observed that their duties consisted of assessing suitability of sites for depots from the point of view of the technical and engineering aspects, suggesting lay-outs for construction of depots or service stations, etc. and he also gave certificate as required by the inspector of explosives .....
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 : Chennai
Decided on : Jul-26-1989
Reported in : (1989)2MLJ469
..... and permitted increases, if any, and observes and performs the other conditions of the tenancy in so far as they are consistent with the provision of the act. section 13 provides for exceptional cases in which the landlord can eject the tenant even though he had been paying rent regularly or be ready and willing to pay rent ..... both the landlord and the tenant that a harmony is sought to be struck whereby the bona fide requirements of the landlords and the tenants in the expanding explosion of need and population and shortage of accommodation are sought to be harmonised and the conditions imposed to evict a tenant are that the landlord must have bona ..... to make such alterations or modifications as necessary for his purposes. the provision for requirement for purposes of demolition and reconstruction is found in section 14(1)(b) of the act. under that sub-section, the controller shall, if he is satisfied on an application made by the landlord that the building is bona fide required by the .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-25-1989
Reported in : AIR1991Cal3
..... 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 litigation 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 ..... 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 ..... should be condemned unheard or without representation. it was necessary to do that because the arbitrators are not strictly courts of law guided by the civil procedure code and evidence act laying down massive details of procedure.in the absence of any procedure, prescribed either by statute or by contract, the arbitrators must follow the principles of natural .....
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