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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Year: 2003 Page 27 of about 4,629 results (0.102 seconds)

Dec 09 2003 (TRI)

Sebi Vs. Hsbc Securities and Capital

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Decided on : Dec-09-2003

..... .8.1 in the light of the aforesaid findings i, in exercise of the powers conferred on me as member of the board, in terms of section 19 of the sebi act 1992 read with regulation 13(4) of the enquiry procedure regulations, hereby hold that hsbc securities and capital market (india) pvt. ltd., as merchant ..... sebi accepts the position that the acquirers had duly fulfilled all their obligations without any remaining outstanding. in these circumstances, it is impossible to hold that hsbc acted negligently without ensuring that the acquirers had fulfilled their obligations.5.19 it may be noted that by an order dated 28th november 2002 the securities appellate tribunal ..... by the merchant banker. the obligation in respect of other shareholders for 15, 31,451 shares were not informed to the court.3.5 hsbc securities has acted negligently and caused the release of the balance amount from the escrow account to the acquirers without ensuring that the acquirer has complied with all the provisions of .....

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Dec 09 2003 (TRI)

Pragati Construction Co. Vs. Asstt. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Dec-09-2003

Reported in : (2004)89ITD271(Delhi)

..... . 95,772/- as business income. 3. the cit(appeal) has erred in disallow the deduction under section 48 of the income tax act for rs. 55,386/-. 4. the cit(appeals) has erred to sustain invoking the provisions of section 145 of income tax act to treat the investment as stock-in-trade. 5. the cit(appeals) has erred by not dealing ..... short term capital gain and was assessed as such. however, important thing to be noted here is that since it was declared as short term capital gain, no deduction under section 48(2) was claimed. hence its treatment as short term capital gain or as business income was irrelevant for computation of total income. moreover, assessment of each year is ..... in trading of space in devika tower itself shows that terms and conditions of the partnership deed have been violated. in view of the points cited above provision of section 145 are being involved and the investment in the space in devika tower is to be treated as stock-in-trade and profit from sale of the said space is .....

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Dec 09 2003 (TRI)

A.C.i.T. Vs. Amar Chand Raj Kumar [Alongwith

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Decided on : Dec-09-2003

Reported in : (2004)89ITD96(Chd.)

..... the return of income filed u/s 139(1) or alongwith the return of income filed in response to a notice u/s 142(1) of the act. the substantial requirement of section 44ab are i) to get the audit of accounts completed before the specified date and also ii) to furnish the said audit report before that date alongwith ..... the said audit report in the prescribed form duly signed and verified in the prescribed manner.the words "obtained before" have been substituted by words "furnishing by" in section 44ab by finance act, 1995 w.e.f. 1.7.1995. prior to the aforesaid amendment, there was no specific penalty provided for failure to furnishing of the report. the said provisions ..... and in the circumstances of the case, the id. cit (a) (c) has erred in deleting the penalty imposed u/s 271b of i.t. act, 1961 for not complying with the provisions of section 44ab within the stipulated period." 2. the relevant and material facts for the disposal of this ground of appeal are that the assessee firm was required .....

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Dec 08 2003 (HC)

Union of India (Uoi), South Central Railways Vs. Kurukundu Balakrishna ...

Court : Andhra Pradesh

Decided on : Dec-08-2003

Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100

..... to believe that the provisions of this section for such carriage are not complied with.(6) nothing in this section shall be construed to derogate from the provisions of the indian explosives act, 1884 (4 of 1884), or any rule or order made under that act, and nothing in sub-sections (4) and (5) shall be construed ..... presumption of law or 'conclusive proof.'classes (i), (ii) and (iii) are indicated in clauses (1), (2) and (3) respectively, of section 4, evidence act. 'presumption of facts' are inferences of certain fact patterns drawn from the experience and observation of the common course of nature, the constitution of the human mind ..... holder dies in any untoward incident, his legal heirs are entitled to seek compensation............................ .............................under sub-clause (2) of clause (c) of section 123 of the act, after the incident of accidental falling of any passenger from a train carrying passengers is also brought within the ambit of 'untoward incident'. that .....

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Dec 08 2003 (HC)

P. Ramachandra Reddy and anr. Vs. Sanghi Enterprises and ors.

Court : Andhra Pradesh

Decided on : Dec-08-2003

Reported in : 2004(1)ALD(Cri)406; IV(2004)BC391; 2004CriLJ2171

..... can a firm sue and be sued in its name. firm is not and cannot be different from its partners, as can be seen from section 4 of partnership act. as per section 12 of partnership act, subject to contract between the partners every partner has a right to take part in the conduct of the business and is bound to attend ..... who did not take part in the transaction resulting in the issuance of the dishonoured cheque are sought to be made liable for an offence under section 138 of the act, in view of section 141 of the act it is necessary to detail, in the complaint, the part played by them in the transaction. but, in the case of partnership, since ..... without his knowledge, or establishes that he exercised all due diligence to prevent the commission of such offence, he would not be liable for punishment. as per section 141(2) of the act, director, manager, secretary or other officer who connives with and due to whose neglect the offence is committed, would also be liable for punishment along with the .....

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Dec 08 2003 (HC)

Om Pal Singh Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Dec-08-2003

Reported in : 2004(1)AWC233

..... is taken, it can disrupt the entire scheme for which the acquisition is being done. abadi land is also land within the meaning of the definition in section 3(a) of the land acquisition act, and hence it can be acquired.4. the petitioner has filed a supplementary affidavit. annexure-sa-2 is the letter of the under secretary of the state ..... the plot. this point has also been dealt with in manveer singh's case (supra). it was held therein that the definition of the word 'land' in section 3(a) of the land acquisition act includes buildings by a legal fiction vide chaturbhuj pandey v. collector. air 1969 sc 255 (paras 8 and 9) ; s.p. gupta v. state of u. p ..... land is sought to be acquired for a public purpose, namely, for the planned industrial development in district gautam budh nagar through greater noida. the provisions of section 17(1) of the land acquisition act have also been applied.2. a division bench of this court in manveer singh and anr. v. state of u.p. and ors., 2003 (1) awc 116 .....

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Dec 08 2003 (SC)

Union of India (Uoi) Vs. Kuldeep Singh

Court : Supreme Court of India

Decided on : Dec-08-2003

Reported in : 2004(1)ALD(Cri)324; 2004CriLJ836; JT2003(9)SC584; 2003(10)SCALE496; (2004)2SCC590; 2004(1)LC638(SC)

..... acitic n hydride from the report of revenue control laboratory. after investigation the challan was filed against the accused under section 9a read with section 25a and section 29 of the act. the charges under sections 9a/25a and sections 9a/25a read with section 29 of the act were framed, read over and explained to accused kuldeep singh, who denied the charge and claimed trial. evidences of ..... conviction as done by the rajasthan high court in the impugned judgment. the respondent was found guilty of offences punishable under section 9a/25a and 9a/25a read with section 29 of the narcotic drugs and psychotropic substances act, 1985 (in short the 'act').3. factual background which led to trial of the respondent is essentially as follows:4. shri r.p. sharma, director .....

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Dec 08 2003 (HC)

United India Insurance Co. Ltd. Vs. K. Anjaiah and ors.

Court : Andhra Pradesh

Decided on : Dec-08-2003

Reported in : 2004(4)ALD444

..... and the injured (since deceased) was one of the pillion rider on the scooter. undoubtedly, triple riding on a two wheeler, is, prohibited under section 128 of the act. section 128 of the act reads thus:'128. safety measures for drivers and pillion riders :--(1) no driver of a two wheeled motor cycle shall carry more than one person ..... it is now held that the rider of the scooter was also at fault and contributed in causing the accident by allowing two pillion riders in violation of section 128 of the act, from out of the compensation arrived at under the head pecuniary damages 25 % has to be deducted. thus, the claimants are entitled to a sum ..... causing the accident is perverse inasmuch as admittedly the deceased along with two others were travelling on a scooter which is statutorily prohibited under section 128 of the motor vehicles act, 1988 (for short, 'the act'). learned counsel further contends that as there was triple riding on a scooter, which is meant for two persons, there would be .....

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Dec 08 2003 (HC)

Telangana Rashtra Samithi, Rep. by Its General Secretary Vs. Election ...

Court : Andhra Pradesh

Decided on : Dec-08-2003

Reported in : 2004(1)ALT382

..... ensuing elections till the petitioner is given the status of a recognised political party in accordance with the provisions of the symbol orders, 1968 and under section 29-a of the representation of the people act, 1951 and rules 5 and 10 of the conduct of elections rules, 1961. the election commission is required to reconsider whether the case on ..... a sudden be effaced.'15. the election commission of india in exercise of the powers under article 324 of the constitution of india read with section 29-a of the representation of the people act, 1951 and rules 5 and 10 of the conduct of election rules, 1961 and all other powers enabling it in this behalf made of symbols ..... -party as a state party and the commission vide its order dated 21-8-2001 has registered the telangana rashtra samithi as a political party under section 29-a of the representation of the people act, 1951.4. it is further stated that in the elections conducted to the local bodies in the state of andhra pradesh in august, 2001, .....

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Dec 08 2003 (HC)

Air India Limited Vs. B.P. Sharma and anr.

Court : Mumbai

Decided on : Dec-08-2003

Reported in : 2004(1)ALLMR660; 2004(2)BomCR68

..... govind phopale and another, reported in : (2002)iiillj1036bom and came to a conclusion that the issue as to whether the tribunal has power under section 33(2)(b) of the industrial disputes act, 1947 and passed the impugned order that it did have power to grant subsistence allowance. the present petition came to be filed on 8-10-2003 ..... the brief facts of the case are that on 5-3-2001 an application was made by the petitioner employer for grant of approval under section 33(2)(b) of the industrial disputes act, 1947. the employee had been dismissed prior to the making of this application for approval on the day when the application for approval was made ..... allowance to the employee during the pendency of the proceedings for approval under section 33(3)(b) of the industrial disputes act, 1947 did not arise at all. the proceedings before the learned single judge were proceedings under section 33(2)(b) of the industrial disputes act, 1947. i am of the view that the said judgment is passed .....

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