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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Year: 2003 Page 14 of about 4,629 results (0.103 seconds)

Dec 17 2003 (HC)

i. Varalakshmi and ors. Vs. Andhra Pradesh State Road Transport Corpor ...

Court : Karnataka

Decided on : Dec-17-2003

Reported in : 2005ACJ384; ILR2004KAR815

..... should be a causal connection not necessarily a direct and immediate one between the use of the vehicle and the accident causing death or injuries to the claimants. an explosion that takes place hours after the vehicle has turned turtle or a case where the passengers in autorickshaw commit a crime by looting and killing the driver have thus ..... nearby. the court also rejected the contention that after the collision since the tanker had turned turtle, it had ceased to be a motor vehicle so that any explosion on account of the petrol leaking from the tanker could not be said to be an accident arising out of the use of such a vehicle. the petrol tanker ..... the supreme court in minu b. mehta v. balakrishna ramachandra nayan 1977 acj 118 holds the field making proof of fault essential in cases of fault under section 166 of the motor vehicles act. in kaushnuma begum's case supra, the apex court has no doubt borrowed and applied the rule of strict liability as propounded in rylanda v. fletcher .....

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Dec 17 2003 (HC)

Escorts Limited and ors. Vs. the Regional Director, E.S.i. Corporation

Court : Karnataka

Decided on : Dec-17-2003

Reported in : [2004(102)FLR1107]; ILR2004KAR2996; (2004)IIILLJ200Kant

..... that case examining whether the payments made pursuant to production incentive scheme over and above the normal wages would also constitute wages for purposes of section 2(22) of the esi act. the corporation had treating the said payment to be wages, raised a demand which was disallowed by the esi court holding that since ..... below has come to the conclusion that the payments made by the appellant - companies towards efficiency incentive/bonus were wages within the meaning of section 2(22) of the esi act. the demand raised by the corporation for payment of contributions against the companies was therefore held to be justified. the present appeals call in ..... bangalore whereby the said court has held efficiency incentive/bonus paid to the employees of the appellants-companies to be wages within the meaning of section 2(22) of the esi act and consequently upheld the demand raised by the corporation for payment of contribution. since the question that falls for consideration is common to both .....

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Dec 17 2003 (HC)

Brahma Nand Vs. Durga Prashad and ors.

Court : Rajasthan

Decided on : Dec-17-2003

Reported in : RLW2004(3)Raj1569; 2004(2)WLC532

..... a whisper, to the effect that, at the time of death of nandlal, vidhya devi was carrying on business in the suit premises with him as contemplated by section 3 (vii) of the act, and therefore, simply because the defendants have chosen to come forward with a stand that the business is being got carried on by her, i.e. the business ..... belongs to her, she doesn't fall within the definition 'tenant' as provided under section 3 (vii) of the act, and therefore, she cannot be said to be necessary party to the present suit. as such, the finding of the learned lower appellate court on issue no. 1 ..... sea change in the legal position, inasmuch as, a division bench of this court in khem chand v. state of rajasthan and anr. (2), has struck down the provisions of section 6(2) of the act as ultra vires. therefore, while deciding this revision, the changed legal position has to be kept in mind.10. in view of the provisions of .....

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Dec 17 2003 (SC)

Rajendra and anr. Vs. State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Dec-17-2003

Reported in : 2004(1)BLJR219; 2004(91)ECC1; 2004(1)JKJ11[SC]; JT2003(10)SC349; 2004(I)OLR211; 2003(10)SCALE75; (2004)1SCC432; 2004(1)LC754(SC)

..... this position was settled beyond doubt by the constitution bench in baldev singh's case (supra). above being the position, the contention regarding non-compliance of section 50 of the act is also without any substance.15. a similar question was examined in madan lal and anr. v. state of himachal pradesh : 2003crilj3868 .16. coming ..... for his belief under the proviso thereto, he shall forthwith send a copy thereof to his immediate official superior. therefore, sub-section (2) only comes into operation where the officer concerned does not enumerated acts, in case any offence under chapter iv has been committed or documents etc. are concealed in any building, conveyance or enclosed ..... offence is kept or concealed in any 'building or conveyance or enclosed place' he may between sunrise and sunset, do the acts enumerated in clauses (a) and, (b), (c) and (d) of sub-section (1).10. the proviso came into operation if such officer has reason to believe that search warrant or authorization cannot be .....

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Dec 17 2003 (HC)

Kalasa Tea Produce Co. Ltd. Vs. Cct

Court : Karnataka

Decided on : Dec-17-2003

Reported in : [2004]135TAXMAN105(Kar)

..... on such examination if the revisional authority is satisfied that the appellate authority has failed to exercise the power conferred on it under sub-section (5) of section 32 of the act either by annulling the order of assessment or enhancing the tax levied by the original authority while considering the appeal filed by the assessee against ..... is within the period of limitation. further, one other reason we may also add in support of our above conclusion is that since sub-section (5) of section 32 of the act confers power on the appellate authority to modify, confirm, reduce, enhance or annual the entire order appealed against the original authority to make a ..... of assessment and direct the assessing authority to make a fresh assessment, after such further enquiry, as may be directed. therefore, reading of sub-section (5) of section 32 of the act does not give scope for any doubt that very wide power is conferred on the appellate authority and it is competent to modify, confirm, reduce .....

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Dec 17 2003 (HC)

Vijay Krishna Kumbhar Vs. Collector and ors.

Court : Mumbai

Decided on : Dec-17-2003

Reported in : AIR2004Bom129; 2004(2)ALLMR31; 2004(5)BomCR904; 2004(2)MhLj636

..... no. 8-architect, for preparation of building proposal for construction of gymnasium and swimming pool, keeping in mind the provisions of section 44 of the maharashtra regional and town planning act, 1966. being the local authority, it was exempted from making an application in writing for permission to carry out development on ..... was illegal and contrary to law. it was also stated that tenders ought to have been invited by observing the provisions of section 79 of the bombay provincial municipal corporations act, 1949. according to the petitioner, the sports complex had been constructed in 'green belt' wherein no such construction was permissible.16 ..... connection it may be profitable to refer to the relevant provisions of the act. chapter viii of the act deals with municipal property. whereas sections 76 to 78 provide for acquisition of property, sections 79 to 81 with disposal of property. section 79 enacts that with respect to disposal of property belonging to corporation (other .....

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Dec 17 2003 (HC)

Central Bank of India Vs. Roofit Industries Limited

Court : Mumbai

Decided on : Dec-17-2003

Reported in : 2004(2)ALLMR569; IV(2004)BC363; 2004(3)BomCR712; (2004)1CompLJ473(Bom)

..... that the court vacate an ex parte order dated 15 october, 2003 passed on an application for the grant of a stay under section 391(6) of the companies act 1956 ('the act'). on 15 october, 2003, on an application made by roofit industries ltd., the respondent herein, stating that the company was proposing ..... recovery tribunal, or the consumer courts, arbitration suits), and/or any interim proceedings therein, arbitration proceedings, winding up proceedings, criminal proceedings under section 138 of the negotiable instruments act, 1881 and other criminal cases relating to the non-payment of the dues to the various creditors and classes of creditors (and/or actions ..... in the company application that various proceedings are pending against the company all over the country. there are cases pending against the company under section 138 of the negotiable instruments act in various courts in mumbai. cases are pending before the co-operative courts and the labour court. there are cases which are in .....

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Dec 17 2003 (TRI)

Ashoka Rice Mill Vs. National Insurance Co. Ltd.

Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh

Decided on : Dec-17-2003

..... . in the instant case, the complaint was dismissed in limine on the ground that the complainant/appellant was not a consumer as defined under section 2(1)(d) of the consumer protection act and that the appellant may approach a civil court of competent jurisdiction for redressal of his grievances. 5. the impugned order shows that the district ..... 2003, dismissed the same in limine on the ground that the complainant was not a consumer within the meaning of the term as defined under section 2(1)(d) of the c.p. act and directed the appellant for approaching a civil court of competent jurisdiction. the impugned order is, therefore, contrary to law as laid down ..... that the dispute arising for adjudication was such as would require recording of lengthy evidence not permissible within the scope of a summary inquiry under the consumer protection act. 7. the learned counsel for the respondent submitted that he has no instructions to accept notice of the complaint case and as such the district forum may .....

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Dec 17 2003 (HC)

Hasan Abbas Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Dec-17-2003

Reported in : (2004)2UPLBEC1890

R.B. Misra, J.1. Heard Sri S.F.A. Naqvi learned Counsel for the petitioner. Sri Neeraj Tripathi said to be the Counsel for the Secretary, Basic Shiksha Parishad, Allahabad is not present, counter and rejoinder affidavits have been filed, therefore, assistance has been taken from Sri S.S. Sharma learned Standing Counsel for the State Government.2. In this petition, prayer has been made for issuance of writ of certiorari quashing the order dated 3.7.2000 passed by the Respondent No. 3 Basic Shiksha Adhikari, Sant Ravi Das Nagar. The claim of the petitioner is for getting employment on the compassionate ground in view of U.P. Recruitment of Dependants of Government servants Dying-in-Harness Rules, 1974 in short called 'Rules, 1974' hereinafter as amended Fifth Amendment Rules, 1999 as well as Sixth Amendment Rules, 2001.3. According to the petitioner the father and mother of the petitioner had already died in between 80-90 and only elder sister Km. Darakshan Bano was appointed Assistant T...

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Dec 17 2003 (SC)

State of Punjab Vs. Ramdev Singh

Court : Supreme Court of India

Decided on : Dec-17-2003

Reported in : AIR2004SC1290; 2004(1)ALD(Cri)160; JT2003(10)SC416; 2003(10)SCALE791; (2004)1SCC421

..... view to avoid payment false accusation has been made. the trial court placed reliance on the evidence of the prosecution witnesses and convicted the accused of the offence punishable under section 376 ipc and sentenced him to 7 years rigorous imprisonment and a fine of rs. 1,000/- with default stipulation. being aggrieved by the judgment, accused filed crl ..... complaining of having been a victim of the offence of rape is not an accomplice after the crime. there is no rule of law that her testimony cannot be acted without corroboration in material particulars. she stands at a higher pedestal than an injured witness. in the latter case, there is injury on the physical form, while in ..... examined the victim. in our opinion the same is of no consequence. the doctor examined the victim after about 3 weeks. that being so, the effect of the act on the physical form was practically obliterated. that is not denied by the doctor. merely because the friend of the victim was not examined that also cannot b .....

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