Court : Madhya Pradesh
Decided on : Feb-17-2003
Reported in : [2003(97)FLR874]; 2003(2)MPHT65; 2003(2)MPLJ555
..... be specified in, such notification. first notification was issued on 31-12-1960. the notification provides that ail the provisions of the said act other than sections 1 and 112 shall come into force on 31-12-1960 in respect of undertakings in the industries specified in the schedule below wherein ..... fibres including regenerated cellulose-rayon, nylon and the like. (8) coke over by-products. (9) coal-tar distillation products like, naphthalene, anthracene and the like. (10) explosives including gunpowder and safety fuses. (11) insecticides, fungicides, weedicides and the like. (12) textile auxiliaries, (13) sizing materials including starch. (14) miscellaneous chemicals. from the ..... .p., indore and ors., reported in 1968 mplj page 95, the division bench of this court has held that the notification issued under section 1 (3) of the act making it applicable to cement industry. workers engaged for construction of factory for manufacturing cement cannot be deemed to be working in cement industry .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-12-2003
Reported in : (2003)134PLR602
..... the landlord and the tenant that a harmony is sought to be struck whereby the boha 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 ..... the subsequent events and developments occurred after the initiation of the ejectment proceedings and can reappraise the evidence while hearing the revision under section 15(5) of the east punjab urban rent restriction act, 1949. by taking those events and developments into consideration, i am of the opinion that ejectment of the petitioners on the ground ..... landlord is not justified. the hon'ble supreme court in amarjit singh v. smt. khatoon quamarain's case (supra) has observed as under:-'the rent restricting acts are beneficial legislations for the protection of the weaker party in the bargains of letting very often. these must be so read that these balance harmoniously the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-06-2003
Reported in : AIR2003SC1191; JT2003(1)SC594; 2003(2)MPHT377; 2003MPLJ37(SC); 2003(1)SCALE689; (2003)3SCC1; [2003]1SCR906; 2003(2)LC828(SC)
..... chapters v-a, vi and vii and section 216-a, 224 and 225 (if it is a case of an escape from a jail), 231, 232, ..... rule prohibits release of specified classes of offenders in relation to the offences for which they are convicted and thus defeats the very object of the act.23. section 9(4) which enables framing rules to classify the offenders impliedly permits their classification not merely on the basis of their antecedents and their conduct in ..... prisoners shall not be released under act:- (a) those convicted of offences under the madhya barat vagrants, habitual offenders and criminals (restrictions and settlement) act, 1952, or any law in force in any region of the state corresponding to the said act, or the explosive substances act, 1908 or under the following chapters or sections of the indian penal code, .....
Tag this Judgment!Court : Chennai
Decided on : Jan-31-2003
Reported in : (2003)IILLJ750Mad
..... case of a mine, such lay-off is due also to fire, flood, excess of inflammable gas or explosion. sub- section (5) of section 25-m provides that if an application or permission under sub-section (1) or sub-section (3) has been made and if no order is passed granting or refusing to grant permission within a ..... at once. at that stage, the petitioner applied to the government of india for permission to lay-off and in terms of sub-section (1) of section 25 of the industrial disputes act, but in the exceptional circumstances, namely, the direction issued by the supreme court and the consequential orders of the district forest officer. ..... writ-petitioner-management, yet, it has declined to grant permission for lay-off. as rightly contended by the counsel for the petitioner, the first respondent has acted arbitrarily and had taken into consideration matters which are not relevant or irrelevant consideration has entered in the minds of the first respondent. the extraordinary circumstances has .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Jan-30-2003
Reported in : (2003)(87)ECC93
..... press v. collector of customs, new delhi, 1994 (72) elt 620 (t) and also the judgment rendered by the hon'ble high court at calcutta, in the case of indian explosives ltd. v. collector of customs, 1992 (60) elt 111 (cal.). on the other hand, ld. jdr has reiterated the correctness of the impugned order of the commissioner.5. ..... to the case of the appellants. therefore, keeping in view of the above referred facts and circumstances, we set aside the penalty imposed on the appellants under section 112(d) of the customs act and reduce the redemption fine to rs. 25,000. except for this modification, the impugned order of the commissioner customs is maintained. the appeal of the ..... 's impugned order-in-original no. s8/205/98-siib dated 4.6.1998. the commissioner of customs had ordered the confiscation of the goods under section 111(d) & (m) of the customs act, but given an option to the appellants for redemption of the same on payment of fine of rs. 1,50,000 and also further imposed penalty .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-2003
Reported in : 2003BomCR(Cri)1033; 2003CriLJ4238
..... 427 read with 34 of the indian penal code and under section 25(1)(a) and 27 of the indian arms act read with section 34 of the indian penal code. they were also chargesheeted for offence punishable under section-4 and 5 of the explosive substance act read with section 34 of the indian penal code. the trial court however, ..... has convicted the appellant-accused no. 1 only for the offence punishable under section 307 read with 34 of the indian penal code and sentenced to ..... of those who in one way or the other facilitate the execution of the common design is itself tantamount to actual participation in the criminal act. the essence of section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a particular result. such consensus can be developed .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-23-2003
Reported in : JT2003(3)SC585; 2003(4)SCALE428
..... to 5 years' rl with fine of rs. 500/- each; in default a simple imprisonment for 3 months was awarded. they were also sentenced under section 5 of the explosive substances act, 1908 and were sentenced to rl for a period of 2 years with fine of rs. 500/-; with default clause to suffer further imprisonment for 3 ..... above were the occupants of that van. they did not have any licence to carry the said explosives, hence, the van with the explosives was seized and the accusedpersons were taken into custody. a case under sections 4 to 6 of the explosive substances act, 1908 was registered in fir no. 195/90. subsequently it came to the knowledge of ..... investigating agency that the place where the explosive material was sized, was a notified area declared under section 2(1)(f) of the tada act, hence, the provisions of the said act were also invoked. after completing the investigation, a chargesheet was filed against the appellant and the tada .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-22-2003
Reported in : II(2003)ACC746; [2003(97)FLR267]; [2003(1)JCR649(Jhr)]
..... further of the view that the deputation of the deceased at the instance of the appellant pursuant to letter of request complying the requirement of section 12 of the said act and therefore appellant will be treated as an owner/employer for the purpose of fixing liability for payment of compensation in case of death or ..... the commissioner, and found that it is the general manager, cc ltd. who requested the authorities of bihar home guard to depute few home guards for guarding explosive magazine situated at rajrappa project. pursuant to that letter few home guards including the deceased was deputed. the commissioner also recorded a finding that wages paid to ..... home guard battalion, hazaribagh. service of some of the home guards including deceased were lien to the cc ltd. for guarding explosive magazine stored at koihara rajrappa project. on the fateful day, there was explosion in one of the magazine, as a result of which the deceased inderdeo yadav died. the respondents who are the claimants .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-22-2003
Reported in : (2003)182CTR(Guj)362; [2003]261ITR338(Guj)
..... for the assessee in both the references stated that the assessee did not press for question no. 2 in both the references, which relates to relief under section 80j of the act. question no. 2 in both the references, therefore, stands disposed of accordingly as unanswered on the ground that the assessee has not pressed for the same. ..... a direct result of- (i) flood, typhoon, hurricane, cyclone, earthquake or other convulsion of nature ; or (ii) riot or civil disturbance ; or (iii) accidental fire or explosion ; or (iv) action by an enemy or action taken in combating an enemy (whether with or without a declaration of war), and, thereafter, at anytime before the expiry of three ..... to the assets other than the destroyed assets.19. it was contended that once we hold that the tribunal was not justified in denying the benefit of section 33b of the act in respect of the assets which were extensively damaged, we must, as a corollary, restore the order of the commissioner of income-tax (appeals) in its .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-21-2003
Reported in : RLW2003(1)Raj648; [2004]137STC326(Raj); 2003(2)WLC398; 2003(1)WLN462
..... , therefore, there is no effective sale of any explosive by the appellant so as to make it leviable for charging the sales tax under the provisions of the act and, therefore, the order as has been passed by the assessing officer was bad from very inspection. section 2(38) of the rajasthan sales tax act defines as to what is the sale and the ..... job of blasting is undertaken, the use of explosives in such job can neither be termed as sale within the meaning of rajasthan sales tax act nor it could be subjected to the levy of the tax. learned counsel sh. bhandari has argued before us rather he was pains to argue on the basis of section 2(38) clause (ii) that it remains ..... a case of sale because it involved a transfer of property in goods and he submits that the explosives had been purchased .....
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