Court : Supreme Court of India
Decided on : Aug-13-2003
Reported in : 2003(156)ELT625(SC); JT2003(7)SC196; 2003(3)KLT655(SC); 2003(6)SCALE393; (2003)7SCC270; (2003)3UPLBEC2652
..... in respect of the following categories of goods, namely:-a) gold/silver bullion and goods which are notified or specified under the customs act, 1962;b) arms and ammunition, explosives;c) opium and other narcotic drugs;d) goods not declared which are seized in the customs area or customs waters; ande) freely ..... by the appropriate authorities (such as tribunal, fera board, etc.) resulting in the upholding of confiscation, demand, fine penalties, etc. imposed under the respective acts.7. to whom reward may be paid7.1 ordinarily, informers and government servants (upto the level of group 'a' superintendents/assistant collectors of customs and central ..... the appellant-government not only authorized the state police authorities to effect seizure and investigation of cases under the central excise & salt act, customs act, gold control order and foreign exchange regulation act, to present smuggling of gold and other articles through the coastal areas of kerala, as well as in other parts of the .....
Tag this Judgment!Court : Jharkhand
Decided on : Aug-12-2003
Reported in : 2005ACJ1605; AIR2004Jhar66; [2003(4)JCR695(Jhr)]
..... are entitled to get compensation from the government.9. in the instant case, it has been held in the foregoing paragraphs that the police, having not called explosive experts, acted in a manner which failed to protect the life of the deceased rajnish @ dablu. however, taking into consideration the fact that even the members of the police ..... members of the. family were dependent upon the income of the deceased rajnish kumar @ dablu. it has also been stated that rajnish died due to the bomb explosion.10. the aforementioned paragraphs 8, 9 and 10 have not been controverted by the respondents in their counter affidavit. all that they have said is recorded at paragraph ..... is stated that unaware of the contents of the parcel, the police party alongwith the son of the petitioner tried to open the parcel and in the subsequent explosion, the on of the petitioner was killed while the members of the police party suffered serious bomb blast injuries. the son of the petitioner himself volunteered to open .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-08-2003
Reported in : 2003(2)ALD(Cri)810; 2003(2)ALT(Cri)351; JT2003(7)SC302; 2003(6)SCALE181; (2003)10SCC586; 2003(2)LC1288(SC)
..... method of proof in a case like this, cannot be on the lines of a crime under the provisions of ipc inasmuch as sub-section (2) of section 3 and section 4 of the act engrafts the statutory presumptions to be drawn from the facts and that this would make all the difference in the nature of consideration required in ..... violence to the language, scheme underlying and the very object of the said provision besides rendering otiose or a dead letter the specific provision engrafted in sub-section (2) of section 3 of the act. in view of this, the decision of the single judge of the high court in 1993 crl.l.j. 2984 (supra) cannot be said ..... cause to be done the illegal act. for an offence under section 120b the prosecution need not necessarily prove that the perpetrators expressly agreed to do or cause to be done the illegal act; the agreement may be proved by necessary implication. in this case, the fact that the appellants were possessing and selling explosive substances without a valid licence for .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-08-2003
Reported in : I(2004)ACC463; III(2004)ACC828; 2005ACJ982
..... the other motor vehicle the tanker had fallen on one of its side on sloping ground resulting in escape of highly inflammable petrol and that there was grave risk of explosion and fire from the petrol coming out of the tanker. in the light of the aforesaid circumstances the learned judges of the high court have rightly concluded that the ..... a result of overturning of petrol tanker, petrol contained in it leaked out and collected nearby. at about 7.15 a.m. about 4 1/2 hours of accident an explosion took place in the said petrol tanker, resulting in fire, causing death and injuries to few persons. the case on behalf of petrol tanker was that at the time ..... that the death was not caused by the tractor-trolley and was caused by the bus and, therefore, the appellant was not liable for compensation under the provisions of section 147 of the act. he contended that the tractor-trolley was standing and as a result of being dashed by the bus, the trolley turned and fell on the deceased, munir ahmad .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-30-2003
Reported in : AIR2003SC3057; 2003(4)ALLMR(SC)707; 2003(4)AWC2920(SC); 2003(3)CTC620; JT2003(6)SC283; (2003)135PLR531; 2003(5)SCALE602; (2003)8SCC369
..... : [1988]1scr1 .15. incidentally it may be noted that so far as the state of haryana is concerned, in the haryana municipal act, 1973 (act no. 24 of 1973) section 13a has been inserted to make a provision for similar disqualification for a person from being chosen or holding the office of a member of ..... the poverty line. the laudable goals spelt out in the directive principles of state policy in the constitution of india can best be achieved if the population explosion is checked effectively. therefore, the population control assumes a central importance for providing social and economic justice to the people of india (usha tandon, reader, ..... then have not been realised. (population policy and the law, ibid, pages 44-46).37. the above facts and excerpts highlight the problem of population explosion as a national and global issue and provide justification for priority in policy-oriented legislations wherever needed.38. none of the petitioners has disputed the legislative competence .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-29-2003
Reported in : AIR2003SC3074; 2003(2)ALD(Cri)465; 2003(2)ALT(Cri)182; 2003CriLJ3854; 2003(4)CTC42; II(2003)DMC379SC; JT2003(7)SC143; 2003(6)SCALE127; (2003)10SCC78
..... power of the union extends.(iii) prisoners convicted under narcotic drugs and psychotropic substances act, the scheduled castes and scheduled tribes (prevention of atrocities) act, explosive substances act, indian explosive substances act, indian explosive act and indian arms act, while being sentenced to imprisonment for life.(iv) prisoners convicted for crimes against women such as section 376 and 351 ipc while being sentenced to imprisonment for life.(v) prisoners convicted ..... for the offences of theft, robbery, dacoity and receiving stolen property (i.e. section 173 to 411 ipc) while .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-28-2003
Reported in : 2004(177)ELT133(Raj); RLW2004(1)Raj246; 2003(4)WLC418
..... reference has been made to us by the customs, excise and gold (control) appellate tribunal, new delhi, under section 35g(1) of the central excise act, to consider the following question of law:'whether the explosive used in the respondents' mines situated outside the premises of their cement factory, for the purpose of excavating limestone ..... excise rules, 1944.4. the assistant commissioner disallowed the credit on the ground that the mining area was situated outside the factory and therefore, the explosives did not qualify for the credit. this order of the assistant commissioner was sustained by the commissioner (appeals).5. thereafter, the respondent preferred an appeal ..... so extracted was exempt from payment of excise duty by reason of exemption notification. the respondent claimed that in manufacture of cement, it had used explosives which were inputs and in respect of which notification had been issued by the central government. the respondent claimed modvat credit under rule 57a of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-23-2003
Reported in : AIR2003SC2881; 2003(5)ALD26(SC); 2003(2)ARBLR666(SC); 2003(4)AWC2674(SC); 2003(3)BLJR2433; (2003)4CompLJ311(SC); 2003(3)CTC438; [2003(4)JCR140(SC)]; JT2003(6)SC1; (2003)135
..... marketing discipline and for the proper carrying on of the dealership of the corporation.(b) the dealer shall observe and comply with the provisions of petroleum act, 1934, explosives act, 1884, weights & measures act, 1976, etc., and all rules and regulations made thereunder.(c) the dealer shall faithfully observe and perform all the obligations, duties and requirements under ..... no stay was granted.9. in reply to the plaint filed in the civil judge's court, the appellant filed an application under section 8 read with section 5 of the act in the said suit praying for referring the dispute pending before the civil court to the arbitrator as per clause 40 of the dealership ..... being fully understood and agreed by and between the parties hereto that the vacancy should not be supplied within the meaning of sub-section 1(b) of section 8 of the arbitration act, 1940 (act no. 10 of 1940).(f) the award of the arbitrator so appointed shall be final conclusive and binding on all parties to the .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-14-2003
Reported in : 2004(1)ARBLR127(Jhar); 2003(3)BLJR1971; [2003(3)JCR269(Jhr)]
..... award on all the claims except one as quoted hereinabove. the appellant challenged the said award before the court below by filing objection under section 34 of the said act. the court below after hearing the parties dismissed the said objection and refused to set aside the award.11. in addition to the original ..... contended that the claimant contractor was responsible to arrange for their own quarry and transport equipment and all other arrangements for working the quarry including approach road, explosives and detonators etc. the appellants' further case is that inspite of availability of the approved drawing there was unsatisfactory progress of work and for that a ..... i.e.(i) failure to arrange necessary fund for completion of work.(ii) failure to issue necessary drawings in right time.(iii) failure to issue explosive materials and or cement in right time.(iv) failure to complete land acquisition process and to prevent objection by erstwhile landowners and/or villagers who prevented .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-04-2003
Reported in : (2003)3GLR1899
..... the powers flowing from the code and especially from sections 437/439.77.2 the phraseology of sub-section (4) of section 34 indicates, indirectly two contingencies : (i) where an accused is found guilty of the offence punishable under the i.p.c. or any other law such as arms act, explosives act etc. but has been acquitted by the very judgment of ..... not found acceptable because it does not take care of the fact situation if the same judge/court would have been appointed under section 23 to act as a judge/court competent to try the cases of offence punishable under p.o.t.a.77.1 it is decided by the apex court in more ..... bail so that the presiding judge of special court can appreciate the case of the prosecution in the light of all relevant provisions and the restrictions imposed under section 49 of the act. if this submission is accepted, then the resultant effect would be of relegation of the petitioners-accused to special court for bail afresh. this submission is .....
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