Array ( [0] => ..... kessowli issur v. great indian peninsule railway company, reported in i.l.r. 31 bom. 381, for the observations therein on the phrase. 'if the appellate court requires' occurring in section 568 of the then prevalent civil procedure code of 1882, which phrase is similar to the phrase occurring in rule 27(1)(b) of the civil procedure code of 1908, namely that the appellate ..... merits had been heard, and the evidence as it stood had been examined by the judges, but on special and preliminary application. this is important, because the legitimate occasion for section 568 is when, on examining the evidence as it stands, some inherent lacuna or defect becomes apparent, not where a discovery is made, outside the court, of fresh evidence and ..... [1] => ..... show as to how the difference in the time schedule allowed for payment of dues tantamounts to manipulation of conditions of delivery or price as envisaged in section 2(o) of the act, we may also state that as held by their lordships of hon'ble supreme court of india in the case of smt. parvati devi v. rajasthan ..... kendriya bhandar and canteen store department vis-avis stockists/distributors. these practices are contended to be restrictive trade practices as covered under section 2(o) and section 33(1)(e) of the monopolistic trade practices act (in short "act). it is prayed that inquiries be instituted against the said respondents and cease and desist order be passed against them.2. in ..... view that notice of enquiry needs to be discharged on the facts as brought on record as well for the reason given in the paragraphs hereinafter. section 33(1)(e) of the act reads as under : (1) [every agreement falling within one or more of the following categories shall be deemed, for the purposes of this ..... [2] => ..... in the case of m. shashikant & company and ors. v. uoi reported in 1987 (30) e.l.t. 868 (bom.). therefore, provisions contained in the proviso to section 147(3) of the customs act would come into play if the cha, had undertaken the malicious activity, has been settled by the following decisions :commissioner of customs, cochin v. trivandrum rubber works ltd ..... of the commissioner of customs, madras.(g) a show cause notice was thereafter issued proposing to demand rs. 5,31,42,396/- + rs. 4,78,130/- under section 28(1) of the customs act, 1962 and to impose penalties on the ground. (i) demand of rs. 5,31,42,396/- was sought to be made on the ground that the cash numbers ..... of customs, airport, chennai, in terms of which duty demand of rs. 5,36,20,526/- under section 28 read with section 147 of the customs act, 1962 has been confirmed and penalties of rs. 5,31,42,396/- imposed under section 114a of the said act on the appellants and rs. 15,00,000/- on shri rami reddy.(b) the appellants are in the ..... [3] => ..... one where the question to be considered is as, to the exclusion of jurisdiction of civil court in view of the provisions of section 90 read with section 156 of the act. provisions of 1986 act, as already made clear above, apply in addition to the other provisions available under ether enactments. it follows that the remedies available ..... by any court in respect of anything which is done or intended to be done by or under this act.' 8. section 3 of the 1986 act reads:-'section 3. act not in derogation of any other law - the provisions of this act shall be in addition to and not in, derogation of the provisions of any other law for the ..... appellant and dismissed the appeals filed by the respondents. the state commission held that complaints filed by the respondents were themselves not maintainable having regard to section 90 of the act. hence, the state commission did not deal with the other contentions.4. aggrieved by the order of the state commission, the respondents approached the national ..... [4] => ..... of sri pampanagouda with the result that the liability to pay compensation could be fastened on the insurance company concerned in terms of the provisions of section 147 of the motor vehicles act and the policy of insurance issued by it.3. the claim petitions were opposed by the insurance company and the owner of the tractor - trailer ..... of the liability that arose qua the owner of the vehicle as the policy issued by the company was an act policy and did not provide a cover wider than what was absolutely necessary under section 147 of the act. he urged that the liability of the insurance company could in the event of the finding on issue no. ..... question of fixing the liability of the insurance company by reference to the provisions of the workmen's compensation act. the accident in question has as observed earlier taken place in july - 1989. section 4 of the workmen's compensation act as it then stood envisaged payment of compensation by multiplying an amount equal to 40% of the monthly ..... [5] => ..... as to the petitioner-company on 10.3.2003 with a request to recognise five of their workmen as protected workmen under section 33(4) of the industrial disputes act, 1947 (hereinafter referred as 'the act') for the year 2003-2004. annexure-a is the copy of the said letter. the petitioner replied to the said ..... aforesaid rival contentions, it is necessary to have a look at the provisions, which governs the same. section 33 of the act deals with the conditions of service etc. of the workmen. section 33 (3) & (4) of the act deals with recognition of protected workmen and protecting their interests during the pendency of an industrial dispute. the ..... said provisions read as under: 'section-33(3); notwithstanding anything contained in sub-section (2), no employer shall during the pendency of ..... [6] => ..... plaintiff's toothbrush would still be incapable of design registration as it is a mere mechanical device and is, thereforee, banned from registration under sub-section(d) of section 2 of the act. it is submitted that the plaintiff itself advertised the functionality of its toothbrush handle by stating on the packaging 'ergonomically shaped handle for total control ..... but it is only buying it after it is imported and bristled and it is only marketing it under its own house mark.11. sub-section(1) of section 22 of the act was enacted to eliminate the violation of the copyright in any design, in other words, the piracy of registered design. it is as under:-'22 ..... components of the toothbrush and sold out separately. the answer is in emphatic negative. so the handle (grip) is not an article as defined by section 2(a) of the act. 20. the second contention of the defendant is that the plaintiff itself advertised the functionality of its toothbrush handle by stating on the packaging 'ergonomically ..... [7] => ..... e., w.p.(c) no. 133/03, also (mact case no. 44/03). this is definitely a perverse findings vis-a-vis provisions of section 142 of the act. section 140 of the act has never contemplated such hasty and unconscionable action.14. at the risk of repetition the payment of rs. 25,000 as compensation on no fault count ..... court in this regard do not give any exhaustive but only limited statutory right to the insurer either to file an appeal as contemplated by section 173 of the act without complying section 170 of the act or to file a writ petition under article 226/227 of the constitution, in alternative, against 'award' of the claims tribunal, the ..... as well as dependants (legal representatives) of the person who died should be given immediate financial relief and what is 'permanent disablement' has been defined in section 142 of the act which goes as follows:'142. permanent disablement. - for the purpose of this chapter, permanent disablement of a person shall be deemed to have resulted from an ..... [8] => ..... without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence.(2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of , or is ..... sessions judge was not right in concluding that accused no. 4 (the present respondent) was not liable for prosecution. on a careful reading of sections 291 and 292 of the companies act, it is seen that they are enabling provisions and as regards liability of a director for prosecution for the dishonoured cheque issued on behalf of ..... the i additional civil judge and chief judicial magistrate, dharwad, in a case filed against a company and its directors alleging an offence punishable under section 138 of the negotiable instruments act.2. the case of the complainant is that in the course of transaction between the complainant and accused no. 1 - company, a cheque dated ..... [9] => ..... came to be filed by the management of madura coats limited (in short 'the management') against one murugan and ramasamy, under the provisions of section 33(2)(b) of the industrial disputes act (in short 'the i.d. act'), for approval of their action of dismissing the said two employees. in this appeal, we are concerned only with ramasamy. the said approval was ..... held to be proved. he was dismissed from service, considering his past record with effect from december 29, 1986.an application came to be filed under section 33(2)(b) of the i.d. act, for seeking approval of the dismissal since there was already a dispute pending between the union and the management vide i.d. no. 1 of 1985 ..... guilty of theft and they were ordered to be dismissed by the order dated december 29, 1986.again the approval was sought before the labour court under section 33(2)(b) of the i.d. act, which was numbered as a.p. no. 36 of 1987. it seems that murugan was not interested and he has compromised the matter with the ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Year 2003 - Page 20 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Year: 2003 Page 20 of about 4,629 results (0.199 seconds)

Dec 12 2003 (HC)

iridium India Telecom Ltd. Vs. Motorola Inc. and ors.

Court : Mumbai

Decided on : Dec-12-2003

Reported in : 2004(1)ALLMR418; 2004(1)BomCR479

..... kessowli issur v. great indian peninsule railway company, reported in i.l.r. 31 bom. 381, for the observations therein on the phrase. 'if the appellate court requires' occurring in section 568 of the then prevalent civil procedure code of 1882, which phrase is similar to the phrase occurring in rule 27(1)(b) of the civil procedure code of 1908, namely that the appellate ..... merits had been heard, and the evidence as it stood had been examined by the judges, but on special and preliminary application. this is important, because the legitimate occasion for section 568 is when, on examining the evidence as it stands, some inherent lacuna or defect becomes apparent, not where a discovery is made, outside the court, of fresh evidence and .....

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Dec 12 2003 (TRI)

Director General of Vs. Hindustan Lever Limited

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Decided on : Dec-12-2003

Reported in : I(2004)CPJ10MRTP

..... show as to how the difference in the time schedule allowed for payment of dues tantamounts to manipulation of conditions of delivery or price as envisaged in section 2(o) of the act, we may also state that as held by their lordships of hon'ble supreme court of india in the case of smt. parvati devi v. rajasthan ..... kendriya bhandar and canteen store department vis-avis stockists/distributors. these practices are contended to be restrictive trade practices as covered under section 2(o) and section 33(1)(e) of the monopolistic trade practices act (in short "act). it is prayed that inquiries be instituted against the said respondents and cease and desist order be passed against them.2. in ..... view that notice of enquiry needs to be discharged on the facts as brought on record as well for the reason given in the paragraphs hereinafter. section 33(1)(e) of the act reads as under : (1) [every agreement falling within one or more of the following categories shall be deemed, for the purposes of this .....

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Dec 12 2003 (TRI)

Hetero Drugs Ltd. Vs. Commissioner of Customs, Airport

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Decided on : Dec-12-2003

Reported in : (2004)(168)ELT211Tri(Bang.)

..... in the case of m. shashikant & company and ors. v. uoi reported in 1987 (30) e.l.t. 868 (bom.). therefore, provisions contained in the proviso to section 147(3) of the customs act would come into play if the cha, had undertaken the malicious activity, has been settled by the following decisions :commissioner of customs, cochin v. trivandrum rubber works ltd ..... of the commissioner of customs, madras.(g) a show cause notice was thereafter issued proposing to demand rs. 5,31,42,396/- + rs. 4,78,130/- under section 28(1) of the customs act, 1962 and to impose penalties on the ground. (i) demand of rs. 5,31,42,396/- was sought to be made on the ground that the cash numbers ..... of customs, airport, chennai, in terms of which duty demand of rs. 5,36,20,526/- under section 28 read with section 147 of the customs act, 1962 has been confirmed and penalties of rs. 5,31,42,396/- imposed under section 114a of the said act on the appellants and rs. 15,00,000/- on shri rami reddy.(b) the appellants are in the .....

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Dec 11 2003 (SC)

The Secretary, Thirumurugan Co-operative Agricultural Credit Society V ...

Court : Supreme Court of India

Decided on : Dec-11-2003

Reported in : AIR2004SC448; 2004(5)ALLMR(SC)108; [2004]118CompCas253(SC); (2004)1CompLJ339(SC); 2004(2)MhLj581; (2004)2MLJ94(SC); 2004MPLJ242(SC); 2003(10)SCALE635; (2004)1SCC305; 2004(1

..... one where the question to be considered is as, to the exclusion of jurisdiction of civil court in view of the provisions of section 90 read with section 156 of the act. provisions of 1986 act, as already made clear above, apply in addition to the other provisions available under ether enactments. it follows that the remedies available ..... by any court in respect of anything which is done or intended to be done by or under this act.' 8. section 3 of the 1986 act reads:-'section 3. act not in derogation of any other law - the provisions of this act shall be in addition to and not in, derogation of the provisions of any other law for the ..... appellant and dismissed the appeals filed by the respondents. the state commission held that complaints filed by the respondents were themselves not maintainable having regard to section 90 of the act. hence, the state commission did not deal with the other contentions.4. aggrieved by the order of the state commission, the respondents approached the national .....

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Dec 11 2003 (HC)

Smt. Bhimavva and ors. Vs. Shankar @ Adya and ors.

Court : Karnataka

Decided on : Dec-11-2003

Reported in : 2005ACJ301; ILR2004KAR3562

..... of sri pampanagouda with the result that the liability to pay compensation could be fastened on the insurance company concerned in terms of the provisions of section 147 of the motor vehicles act and the policy of insurance issued by it.3. the claim petitions were opposed by the insurance company and the owner of the tractor - trailer ..... of the liability that arose qua the owner of the vehicle as the policy issued by the company was an act policy and did not provide a cover wider than what was absolutely necessary under section 147 of the act. he urged that the liability of the insurance company could in the event of the finding on issue no. ..... question of fixing the liability of the insurance company by reference to the provisions of the workmen's compensation act. the accident in question has as observed earlier taken place in july - 1989. section 4 of the workmen's compensation act as it then stood envisaged payment of compensation by multiplying an amount equal to 40% of the monthly .....

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Dec 11 2003 (HC)

Dhl Worldwide Express (i) Pvt. Ltd. Vs. Airfreight Employees Union, Re ...

Court : Karnataka

Decided on : Dec-11-2003

Reported in : [2004(101)FLR399]; ILR2004KAR1307

..... as to the petitioner-company on 10.3.2003 with a request to recognise five of their workmen as protected workmen under section 33(4) of the industrial disputes act, 1947 (hereinafter referred as 'the act') for the year 2003-2004. annexure-a is the copy of the said letter. the petitioner replied to the said ..... aforesaid rival contentions, it is necessary to have a look at the provisions, which governs the same. section 33 of the act deals with the conditions of service etc. of the workmen. section 33 (3) & (4) of the act deals with recognition of protected workmen and protecting their interests during the pendency of an industrial dispute. the ..... said provisions read as under: 'section-33(3); notwithstanding anything contained in sub-section (2), no employer shall during the pendency of .....

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Dec 11 2003 (HC)

Glaxo Smithkline Consumer Healthcare Gmbh and Co. Kg Vs. Amigo Brushes ...

Court : Delhi

Decided on : Dec-11-2003

Reported in : 109(2004)DLT41; 2004(28)PTC1(Del)

..... plaintiff's toothbrush would still be incapable of design registration as it is a mere mechanical device and is, thereforee, banned from registration under sub-section(d) of section 2 of the act. it is submitted that the plaintiff itself advertised the functionality of its toothbrush handle by stating on the packaging 'ergonomically shaped handle for total control ..... but it is only buying it after it is imported and bristled and it is only marketing it under its own house mark.11. sub-section(1) of section 22 of the act was enacted to eliminate the violation of the copyright in any design, in other words, the piracy of registered design. it is as under:-'22 ..... components of the toothbrush and sold out separately. the answer is in emphatic negative. so the handle (grip) is not an article as defined by section 2(a) of the act. 20. the second contention of the defendant is that the plaintiff itself advertised the functionality of its toothbrush handle by stating on the packaging 'ergonomically .....

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Dec 11 2003 (HC)

New India Insurance Co. Ltd. Vs. Lalhlmingthangi and anr.

Court : Guwahati

Decided on : Dec-11-2003

..... e., w.p.(c) no. 133/03, also (mact case no. 44/03). this is definitely a perverse findings vis-a-vis provisions of section 142 of the act. section 140 of the act has never contemplated such hasty and unconscionable action.14. at the risk of repetition the payment of rs. 25,000 as compensation on no fault count ..... court in this regard do not give any exhaustive but only limited statutory right to the insurer either to file an appeal as contemplated by section 173 of the act without complying section 170 of the act or to file a writ petition under article 226/227 of the constitution, in alternative, against 'award' of the claims tribunal, the ..... as well as dependants (legal representatives) of the person who died should be given immediate financial relief and what is 'permanent disablement' has been defined in section 142 of the act which goes as follows:'142. permanent disablement. - for the purpose of this chapter, permanent disablement of a person shall be deemed to have resulted from an .....

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Dec 11 2003 (HC)

Ramasita Finance and Investments Private Limited Vs. Smt. Meenakshi Na ...

Court : Karnataka

Decided on : Dec-11-2003

Reported in : III(2004)BC72; 2004CriLJ1029; ILR2004KAR421; 2004(2)KarLJ279

..... without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence.(2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of , or is ..... sessions judge was not right in concluding that accused no. 4 (the present respondent) was not liable for prosecution. on a careful reading of sections 291 and 292 of the companies act, it is seen that they are enabling provisions and as regards liability of a director for prosecution for the dishonoured cheque issued on behalf of ..... the i additional civil judge and chief judicial magistrate, dharwad, in a case filed against a company and its directors alleging an offence punishable under section 138 of the negotiable instruments act.2. the case of the complainant is that in the course of transaction between the complainant and accused no. 1 - company, a cheque dated .....

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Dec 11 2003 (HC)

Madura Coats Ltd. Rep. by Its Group Industrial Relations Manager Vs. P ...

Court : Chennai

Decided on : Dec-11-2003

Reported in : (2004)IILLJ192Mad; (2004)1MLJ564

..... came to be filed by the management of madura coats limited (in short 'the management') against one murugan and ramasamy, under the provisions of section 33(2)(b) of the industrial disputes act (in short 'the i.d. act'), for approval of their action of dismissing the said two employees. in this appeal, we are concerned only with ramasamy. the said approval was ..... held to be proved. he was dismissed from service, considering his past record with effect from december 29, 1986.an application came to be filed under section 33(2)(b) of the i.d. act, for seeking approval of the dismissal since there was already a dispute pending between the union and the management vide i.d. no. 1 of 1985 ..... guilty of theft and they were ordered to be dismissed by the order dated december 29, 1986.again the approval was sought before the labour court under section 33(2)(b) of the i.d. act, which was numbered as a.p. no. 36 of 1987. it seems that murugan was not interested and he has compromised the matter with the .....

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