Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Year: 2003 Page 90 of about 4,629 results (0.100 seconds)

Hindustan Petroleum Corporation Ltd., Rep. by Its Senior Regional Mana ...

Court : Chennai

Reported in : AIR2004Mad110

..... various decisions of the madras high court taking the same view, i.e., actual physical possession of the demised premises is essential to maintain an application under section 9 of the act. as a matter of fact the learned counsel for the appellant cited the case in estate of t.p. ramaswami pillai v. mohd. yousuf and others ..... their benefit.13. learned counsel for the appellant contended that actual physical possession of the premises is not essential for exercising the privilege conferred on a tenant by section 9 of the act. in support of his contention, he relied on gummalapura taggina matada kotturuswami v. setra veeravva and others 1958 (1) scr 968. this was a case under ..... the courts have held that physical possession of the property by the tenant is a sine qua non for the tenant seeking to purchase the property under section 9 of the act. in the instant case, neither defendants 1 and 2 nor the fifth defendant have been able to show that they were in physical possession of the property .....

Prakash Cotton Mills Limited Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(91)ECC466

..... of the said decision below:- "6. we have considered the submissions of both the sides. as per provisions of section 11b(1) of the act any person claiming of refund of any duty has to make an application before the expiry of six months from the ..... that the duty was not paid under protest and accordingly refund claim is hit by the time-limit specified in section 11b of the central excise act." 12. in view of the foregoing discussions, we do not find any merits in the appeal and accordingly, reject ..... the department that is relied upon in this regard consists of an application dated 10^th december 1992 for registration under the act; a letter of 15^th december informing the jurisdictional officer of its compliance with this requirement on the application; a letter ..... date of payment of duty. as per second proviso to sub-section (1) of section 11b, the limitation of six .....

Prakash Cotton Mills Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... the said decision below: - "6. we have considered the submissions of both the sides. as per provisions of section 11b(1) of the act any person claiming of refund of any duty has to make an application before the expiry of six months from the date ..... that the duty was not paid under protest and accordingly refund claim is hit by the time-limit specified in section 11b of the central excise act." 12. in view of the foregoing discussions, we do not find any merits in the appeal and accordingly, ..... and the department that is relied upon in this regard consists of an application dated 10th december 1992 for registration under the act a letter of 15th december informing the jurisdictional officer of its compliance with this requirement on the application a letter of ..... of payment of duty. as per second proviso to sub-section (1) of section 11b, the limitation of six .....

Premlata Bhatia Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2004IAD(Delhi)186; 108(2003)DLT346

..... does not sit as a court of appeal. normally, no interference with the judgment and order of the additional district judge in an appeal under section 9 of the said act is called for. only under exceptional circumstances, such as where there are perverse findings or conclusions, violation of principles of natural jusrice, gross jurisdictional ..... be evicted from the said premises on the ground that the petitioner had 'sublet'2 the premises. the additional district judge, in an appeal under section 9 of the said act, confirmed the eviction order of the estate officer. however, while confirming the said order of eviction the learned additional district judge made the following observations ..... submits that she is not an 'unauthorized occupant' and, thereforee, the order of eviction passed by the estate officer on 16.10.1990 under section 5 of the said act as well as the appellate judgment dated 22.7.1992 of the additional district judge confirming the order need to be set aside and quashed. the .....

K.L. Venkateswar Rao Vs. State of A.P. and anr.

Court : Andhra Pradesh

Reported in : 2003(2)ALD(Cri)963; 2003(2)ALT(Cri)503; III(2004)BC99

..... and petitioner in crl. p. no. 4915/2001 and crl. p(sr) no. 17155/2001 filed two complaints for the alleged offence under sections 138 and 142 of negotiable instruments act, 1881 (for short 'the act') with regard to bouncing of cheques in cc nos. 851/96 and 901/96 respectively before iv metropolitan magistrate, hyderabad. learned magistrate by his ..... the valuable right accrued to the accused.16. it is fairly well settled that the main factor which would influence the court in extending the benefit of section 14 of the limitation act, 1963 to a litigant is whether the prior proceeding had been prosecuted with due diligence and 'good faith'. the expression 'good faith' as used in ..... dismissing the complaint acquitting the accused, appeal lies to the high court and appeal can be filed with special leave under section 378(4) and since there is delay of 4 years a petition under section 5 of limitation act can be filed.4. learned counsel for the petitioner-accused in cr. p. nos. 821 and 822 of 1999 .....

Paschimi Raj. Dugdh Utpadak Sahakari Sangh Ltd. Vs. State of Rajasthan ...

Court : Rajasthan

Reported in : RLW2004(1)Raj486; 2004(1)WLC639

..... milk for marketing.31. the conclusion is irresistible that the assessee is entitled to the concessional rate of tax, if not under sub-section (1) of section 10, under sub-section (3) of section 10 of the act, 1994.32. we may make it clear that so far as use of skimmed milk powder for processing the natural milk to standardize ..... not the skimmed milk. it loses its identity as raw material as soon as intermediary product milk is brought into existence for further processing.10. in the act, 1994 under section 2(27), the term 'manufacture' has been defined to include every processing of goods which brings into existence a commercially different and distinct commodity but shall not ..... . moreover, in our opinion, on the basis of the statement made before us, it is apparent that the case needs only interpretation of the provisions of section 10 of the act, 1994 in the light of cognate provisions. without going into other issues, the question needs to be decided by this court to set at rest ambiguity, .....

The Manipal Academy of Higher Education, Rep. by Its Registrar and ors ...

Court : Karnataka

Reported in : ILR2004KAR80; (2004)IILLJ35Kant

..... arise for consideration in this appeal is as to whether the encashment of earned leave can be treated as 'basic wages' within the meaning of section 2(b) of the act?8. section 2(b) of the act, which defines the 'basic wages', reads as follows:'2(b): 'basic wages' means all emoluments which are earned by an employee while on ..... of dearness allowance or payment of overtime allowance, bonus, commission or any other similar allowance payable to the employee as referred to in clause (ii) of section 2(b) of the act. the encashment of earned leave, in our view, cannot be brought within the purview of several items referred or similar to the similar matters set-out in ..... encashment availed of by the employees of the appellants forms part of the basic wages is totally erroneous in law. in this connection, he referred to us section 2(b) of the act wherein 'basic wages' has been defined. according to the learned counsel, 'basic wages' means all emoluments which are earned by an employee while on duty .....

Sohal Lal @ Sohan Singh and ors. Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR2003SC4466; 2004(1)ALD(Cri)1; 2003CriLJ4569; II(2003)DMC645SC; JT2003(Suppl2)SC556; 2003(8)SCALE568; (2003)11SCC534

..... -law) of kamlesh rani were charged with subjecting kamlesh rani to cruelty and harassment on account of demand of dowry and causing her dowry death, an offence punishable under section 304b of the ipc. the accused denied the charges and claimed to be tried. the prosecution examined dr. gurmanjit rai, lecturer, forensic medicines, medical college, amritsar ( ..... it is proved by the testimony of the magistrate that the declarant was fit to make the statement oven without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. a certification by the doctor is essentially a rule of caution and therefore the ..... by the learned counsel for the accused that the testimony of the naib tehsildar lakhbir singh (pw 6) is unbelievable because the district magistrate appears to have acted with great haste in deputing lakhbir singh to record the dying declaration as soon as he was approached by bansi ram (pw 2). it was also urged .....

The Deputy Regional Director, Employees' State Insurance Corporation V ...

Court : Karnataka

Reported in : ILR2004KAR162; 2004(1)KarLJ333; (2004)ILLJ945Kant

..... not examining the definition of 'wages' as stated in section 2(22) of the act. the impugned order was passed ignoring this relevant provision of law. the finding of the employees' state insurance court that the payments in question do not ..... question did not relate to non-availing of authorised leave of a particular period. even otherwise, the payments in question would fall within the ambit of section 2(22) of the act as the payments relate to authorised leave.6. in view of the above, the employees' state insurance court has committed an error in law in ..... pursuant to an arrangement entered into between the employer and the employees.5. learned counsel appearing for the respondent submitted that to come within the ambit of section 2(22) of the act, the payment should be for a specific period of authorised leave. obviously so, as the expression 'encashment of leave' itself would connote that it should .....

Chairman-cum-managing Director, National Textiles Corporation Ltd. and ...

Court : Supreme Court of India

Reported in : AIR2004SC179; JT2003(Suppl2)SC534; (2003)IIILLJ1102SC; 2003(8)SCALE613; (2003)11SCC31; 2004(86)SLJ94(SC); (2004)1UPLBEC330

..... government transferred all such mills to the national textile corporation ltd. (hereinafter referred to as 'ntc') which was brought into existence for this purpose. under section 5 the said act the liability towards wages, salaries and other dues of workers of such mills after the takeover of management by the central government, is that of the central ..... not a sufficient ground for us to deny relief to the staff/sub staff working in the mills. as per the provisions of section 5(2)(c) of the sick textile undertakings (nationalisation) act, 1974, the wages, salaries and other dues of the employees of the sick textile undertakings after the takeover of their managements by ..... as well as most of its subsidiaries have been constantly incurring losses and majority of them are sick companies facing proceeding under the sick industrial companies (special provision) act, 1985 (in short 'sica'). 3. in support of their plea of 'equal pay for equal work' the staff working in the mills claimed that the .....