Court : Jharkhand
Decided on : Jan-17-2003
Reported in : 2003(51)BLJR578; [2003(2)JCR348(Jhr)]
..... examination of a witness in connection with sessions trial no. 70/2000 arising out of g.r no. 624 of 1998 registered under sections 324, 302/34 of the indian penal code and 3/4 of the explosives substance act. 2. short fact of the case as alleged that one vishwanath singh while returning from the call of nature the accused devendra singh ..... . vishwanath singh sustained injury due to explosion of the bomb. in the meantime, accused persons fled away. later on the injured died due to said injuries. 3. the police investigated into the case and submitted charge-sheet against the accused persons. prosecution examined the witnesses and after closing of the prosecution case, a petition under section 311, cr pc was filed for .....
Tag this Judgment!Court : Delhi
Decided on : Jan-15-2003
Reported in : 2003IIAD(Delhi)41; 102(2003)DLT840; 2003(26)PTC200(Del); 2003(1)RAJ464; [2003]47SCL574(Delhi)
..... laboratories ltd. (supra) the trade marked 'supaxin' and 'spoxin' were held to be deceptively similar in clause (d) of sub-section (1) of section (2) of the act and it was held that if such mark is likely to deceive or cause confusion it could not be registered. the question in that ..... pharmaceuticals ltd. (supra) as has been mentioned hereinabove. consequently, learned counsel for the appellant is right in his submission that clause (a) of section 11 of the act is attracted and the medicine 'bicillin' is likely to be confused for 'biocilin' or vise versa. consequently, this trade mark 'bicillin' could not ..... place to mention that different acts like drugs and cosmetics act, 1940, food adulteration act, trade and merchandise marks act, copyright act, designs act etc. have made numerous provisions to protect the consumers. but as is bound to happen in impending legislative explosion following globalization and numerous existing acts, different authorities act differently. such an approach .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-14-2003
Reported in : 2003CriLJ2661; ILR2003KAR1541
..... around the courts for over years to find their cases expeditiously disposed of. the compelling situation activated and prompted the concerned authorities to act swiftly to find out a solution to the problem of docket explosion. in the said context, with a noble object and social purpose under a special scheme, the fast courts have been created. the ..... alone render judgment is not an absolute rule without exception. the code of criminal procedure under different justifiable circumstances permits a departure from its compliance. the provisions of section 407 cr.p.c., empowers this court to transfer the case from one court to another for different reasons and if it is expedient in the ends of ..... in crl.no.929/-01, set aside the order of transfer and restored to the file of ix addl. sessions judge, for disposal on the ground that under section 409 cr.p.c., the sessions judge has no power to transfer the part heard cases from the file of one sessions court to another. subsequently, the impugned .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-09-2003
Reported in : 2003CriLJ1995; RLW2003(2)Raj752; 2003(2)WLC461; 2003(1)WLN467
..... the documents supplied to the court by the learned counsel for the accused and also gone through the fir. it appears that there was no fire extinguisher and where explosive substances were collected and stored. the room in which distillation unit was installed was blocked by the unit in a manner in which only half of it can be ..... counsel that in absence of knowledge of leakage of gas and about the fact that, that would cause death or there was an intention to cause death, no charge under section 304 can be framed against the accused petitioners. learned counsel for the petitioner detailed procedure about operating of distlllator. as per learned counsel, it was expected from the deceased ..... ' extend also to illegal omissions. the word 'omission' is used in the sense of intentional non-doing. thus, according to this section 'act' includes intentional doing as well as intentional non-doing. the omission or neglect must no doubt be such as to have inactive effect conducing to the result, as a .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-07-2003
Reported in : 2003(51)BLJR655; 2003CriLJ2089; [2003(1)JCR431(Jhr)]
..... under sections 341, 323, 452 and 353 of the indian penal code. 11. the ..... (mihijam) p.s. case no. 250 of 1996 under section 392 of the indian penal code. (v) jamtara p.s. case no. 194 of 2001 under sections 147, 148, 149, 353, 427 and 307 of the indian penal code, section 27 of the arms act and section 3/4 of the explosive substance act. (vi) kundahit p.s. case no. 15 of 2002 ..... that the sub-divisional officer, jamtara requested the superintendent of police, jamtara to send a proposal to the deputy commissioner, jamtara to detain the petitioner under section 12 of the act and thereafter the superintendent of police, jamtara recommended accordingly for detention of the petitioner. pursuant to the said recommendation, the deputy commissioner, jamtara by order dated .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT
Decided on : Jan-01-2003
Reported in : (2003)(159)ELT768Tri(Bang.)
..... rs. 47,11,087/- is not sustainable both on merits as well as on the issue of limitation. the assessee is manufacturing prepared explosives falling under chapter 36 of the central excise tariff act. they are also manufacturing spent nitric acid falling under tariff sub-heading 2808.10. they filed classification list and accordingly their products namely, ..... the period from december, 1991 to december, 1994. since such information was within the knowledge of the department there is no reason for invoking the proviso to section 11a.3. the commissioner took the view that the department had not made any further investigation into the explanation offered by the assessee namely that the alleged excess ..... fair or proper to reject its explanation. on the question of limitation also we find that the commissioner is fully justified in taking the view that proviso to section 11a cannot be invoked in the facts of the case. the show cause notice is dated 26-9-94. in the rt-12 returns filed by the .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-18-2003
Reported in : AIR2004All209
..... advise on evidence or to do any drafting work of an analogous kind in any court or tribunal, or before any person or other authority mentioned in section 30 of the act or undertake conveyancing work of any kind whatsoever. this restriction however shall not extend to settling any such matter as aforesaid in consultation with an advocate in ..... supreme court or without an advocate in part ii of the state roll in any court or tribunal, or before any person or other authorities mentioned in section 30 of the act.(ii) where a senior advocate has been engaged prior to the coming into force of the rule in this chapter, he shall not continue thereafter unless ..... vi of the allahabad high court rules, 1952, chapter xxiv deals with the designation of senior advocates rules, 1999. such rules are framed under section 34(1) read with section 16(2) of the advocates act, 1961. some important rules are provided as below :'3. (a) mode of recommendation.--(i) proposal for designation of an advocate as a senior .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-18-2003
Reported in : AIR2004All178
..... designation of advocates as senior advocates by the chief justice.-- (i) on approval by the court, the concerned advocate shall be designated as senior advocate under section 16 of the advocates act, 1961(ii) the registrar shall notify the designation to the registrar of the supreme court of india, the bar council of uttar pradesh, bar council of ..... on evidence or to do any drafting work of an analogous kind, in any court or tribunal, or before any person or other authority mentioned in section 30 of the act or undertake conveyancing work of any kind whatsoever. this restriction however shall not extend to settling any such matter as aforesaid in consultation with an advocate in ..... the supreme court or without an advocate in part ii of the state roll in any court, or tribunal or before any person other authorities mentioned in section 30 of the act.(ii) where a senior advocate has been engaged prior to the coming into force of the rule in this chapter, he shall not continue thereafter unless .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-18-2003
Reported in : [2004]118CompCas213(SC); 2004(1)CTLJ1(SC); 109(2004)DLT415(SC); JT2003(10)SC300; 2003(10)SCALE81; (2004)3SCC553
..... . since the question that is raised involves a pure question of law and even if the matter is referred to the chancellor under section 68 of the act it is bound to be agitated in the court by the party aggrieved by the order of the chancellor, we are of the view that this was not ..... are of the view that the high court was not right in dismissing the writ petition of the appellant on the ground of availability of an alternate remedy under section 68 of the act especially when the writ petition that was filed in 1988 had already been admitted and was pending in the high court for the past more than 5 years ..... allegations the appellants relied upon documentary evidence and the only matter in respect of which conflict of facts may possibly arise related to the due publication of the notification under section 4 by the collector, in the present case, in our judgment, the high court was not justified in dismissing the petition on the ground that it will not determine .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-18-2003
Reported in : ILR2004KAR593
..... acquisition. whether the said lands are really required for public purpose or not is to be examined with reference to the provisions of the act.under section 28(1) of the act if in the opinion of the state government any land is required for the purpose of development of the board in furtherance of the object ..... land acquisition officer and again orders were passed overruling the objections of the land owners. on the basis of the said orders, final notifications under section 28(4) of the act were issued. in the writ petitions challenging the said procedure adopted by the special land acquisition officer, this court quashed the final notifications reserving liberty ..... the learned counsel for the petitioners submitted that the very purpose for which the lands are required is not notified in the notification issued under section 28(1) of the act and they came to know the purpose for acquisition only after the respondents have filed the statement of objections and therefore, they are deprived of .....
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