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urged the following points:-i) that section 5(3)(b) of the explosives act, 1984 is no longer on the statute as it is repealed by act 32 of 1978; ii) that the petitioners are owners of the goods seized from the house/shop called kamadhenu .....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 : Kerala
Decided on : Oct-27-1989
Reported in : I(1990)ACC302; 1990ACJ533; AIR1990Ker202
..... relevant rules of the motor vehicles (third-party insurance) rules, 1946, for short the third-party insurance rules. section 94 of the motor vehicles act highlights the need for insurance against third party risk. section 95 provides that in order to comply with the requirement of chapter viii a policy of insurance must be a policy ..... which satisfies the requirements prescribed thereunder. particular reference requires to be made to sub-section (4) of section 95. this subsection ..... of the person by whom the policy is effected. equally relevant is the provision contained in sub-section (3) of section 96. this section provides that where a certificate of insurance has been issued under sub-section (4) of section 95 to the person by whom a policy has been effected, so much of the policy as .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-27-1989
Reported in : [1990(60)FLR97]; (1994)IIILLJ122All; (1990)3UPLBEC1919
..... documentary evidence and all the materials placed before him relating to the nature of duties of solomon and had come to the conclusion that he was a 'workman' under the act. nothing has been placed before this court to justify a different conclusion. 5. the 'next point urged on behalf of the petitioner relates to solomon's date of birth ..... work and the duties of solomon described above were supervisory in nature and his wages were more than rs. 500 per month, he was not a 'workman' under the act. in support of this contention learned counsel for the petitioner relied on a decision of the supreme court in burmah shell oil storage and distributing co. of india ltd. ..... this court that the deputy, labour commissioner erred in law in finding that solomon was 'workman' under the act as solomon's work and duties clearly took him out of the definition of 'workman' as contained in section 2(z) of the act. it may be noted that no material has been placed in this court enumerating the duties and the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-27-1989
Reported in : (1992)ILLJ177All
..... evidence and all the materials placed before him relating to the nature of the duties of solomon and had come to the conclusion that he was a 'workman' under the act. nothing has been placed before this court to justify a different conclusion.4. the next point urged on behalf of the petitioner relates to solomon's date of birth. ..... the work and duties of solomon described above were supervisory in nature and his wages were more than rs. 500 per month, he was not a 'workman' under the act. in support of his contention, learned counsel for the petitioner relied on a decision of the supreme court in burmah shell oil storage and distribution co. of india ltd. ..... urged before this court that the deputy labour comissioner erred in finding that solomon was 'workman' under the act as solomon's work and duties clearly took him out of the definition of 'workman' as contained in section 2(z) of the act. it may be noted that no material has been placed in this court enumerating the duties and the work .....
Tag this Judgment!Court : Kerala
Decided on : Oct-27-1989
Reported in : (1993)IIILLJ105Ker
..... workmen'. this observation is unwarranted in view of the position in law that the labour laws are not applicable to the said apprentices in view of sections 18 and 22 of the apprentices act. this is the view expressed by a division bench of this court. see balakrishnan nair v. k.l.d. & m.m.b. 1983 ..... is so, because with effect from 10.2.1971 the jurisdiction to decide matters connected with contract labour is vested in the appropriate government (see section 10 of the said act). the industrial tribunal, therefore, has no jurisdiction to decide this issue. though the tribunal considered the issue it has not issued any direction to absorb these ..... industrial disputes which generally lead to industrial peace and armony are the primary objects of this act. settlements reached before the conciliation officers or boards are specifically dealt with by sections 12(2) and 13(3) and the same are made binding under section 18. there can, therefore, be no doubt that if an industrial dispute before a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-27-1989
Reported in : AIR1990SC65; 1990CriLJ60a; [1990(60)FLR13]; JT1989(4)SC260; 1989(2)SCALE944; 1989Supp(2)SCC652; [1989]Supp2SCR19
..... out by respondents 2 and 3. it had been pleaded that the inquiry under rule 22 as against respondent no, 1 related to an offence which came under section 63 of the army act, namely, conduct prejudicial to good order and military discipline; while the charge, he was called upon to face in the general court martial was one of theft punishable ..... under section 52(a) of the army act. we have seen the evidence recorded in the inquiry under rule 22. it is a fact that the allegation at the stage of inquiry under rule 22 was .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-27-1989
Reported in : 1989(2)WLN359
..... roller flour (licensing and control order 1957 was breached or violated by them. therefore, no offence was made out against them under section 3/7 of the essential commodities act, 1955. the revision was consequently allowed and the order of the chief judicial magistrate was quashed. the complaint filed by the enforcement ..... put appearance before the chief judicial magistrate and raised two objection before him (1) the enforcement inspector was not authorised to file complaint under section 20 of the food adulteration act, 1954 and (2) no standards of purety were prescribed in respect of resultant atta under the prevention of food adulteration rules, 1955 (for ..... order of the chief judicial magistrate dated 22-7-1982 and discharged the accused-respondents from the offences under section 7/16 of the food adulteration act, 1954 and section 3/7 of the essential commodities act, 1955.2. briefly recalled the relevent facts are that the enforcement inspector, bharatpur lodged a complaint against .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-26-1989
Reported in : 1990(45)ELT204(SC); 1989(2)SCALE970; (1990)1SCC81a
..... make the detention order bad.29. in the instant case, even assuming that the ground relating to the confessional statement made by the detenu under section 108 of the customs act was an inadmissible ground as the subsequent retraction of the confessional statement was not considered by the detaining authority, still then that would not make the ..... of the detenu is that while the detaining authority had relied upon and referred to the confessional statement of detenu as recorded by the collector under section 108 of the customs act, in the grounds of detention, the retraction made by the detenu was not placed before the detaining authority for his consideration. it is urged ..... the advance licences granted to them and also in terms of the provisions of the said notification dated 9.6.1978 (as amended) issued under section 125 of the customs act. investigations have also revealed that both the firms have sold the polyester filament yarn cleared by them without payment of duty in contra vent on .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-26-1989
Reported in : AIR1990SC176; 1990CriLJ659; 1990(25)ECC277; (1990)1SCC81; [1989]Supp1SCR733
..... make the detention order bad.29. in the instant case, even assuming that the ground relating to the confessional statement made by the detenu under section 108 of the customs act was an inadmissible ground as the subsequent retraction of the confessional statement was not considered by the detaining authority, still then that would not make ..... the detenu is that while the detaining authority had relied upon and referred to the confessional statement of the detenu as recorded by the collector under section 108 of the customs act, in the grounds of detention, the retraction made by the detenu was not placed before the detaining authority for his consideration. it is urged ..... the advance licences granted to them and also in terms of the provisions of the said notification dated 9.6.1978 (as amended) issued under section 125 of the customs act. investigations have also revealed that both the firms have sold the polyester filament yarn cleared by them without payment of duty in contravention of the .....
Tag this Judgment!Court : Kerala
Decided on : Oct-26-1989
Reported in : [1991]81STC63(Ker)
..... agent of a non-resident dealer, whatever be his total turnover for the year, shall pay tax on his taxable turnover for that year.'section 3 of the kerala surcharge on taxes act, 1957 (act 11 of 1957), reads as follows :'levy of surcharge on sales and purchase taxes.--(1) the tax payable under the kerala general sales ..... senior government pleader, mr. n.n. divakaran pillai. the learned government pleader submitted that the turnover representing the consignment sales will come within section 2(xxvi) of the kerala general sales tax act, 1963 and so the sates tax appellate tribunal was in error in holding that the consignment sales will not come within the purview of ..... of 'total turnover', it cannot be reckoned for the purpose of levy of surcharge under section 3 of the kerala surcharge on taxes act, 1957 (act 11 of 1957). sections 2(xxv), 2(xxvi), 2(xxvii) and section 5 of the kerala general sales tax act are as follows :'2(xxv) 'taxable turnover' means the turnover on which a dealer .....
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