Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Year: 2006 Page 100 of about 5,322 results (0.329 seconds)

Shri Vijaysinh R. Rathod and ors. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

..... owner cannot be ascertained. admittedly, the cost in his hands is nil. that being so, there is no scope for taking resort to 'subsection (3) of section 55 of the act. that being so, the calculation of capital gain made in the instant case by the appellate assistant commissioner and the tribunal by taking resort to the said provision ..... gains under that head and no provision at variance with such computation provisions can be applied for determining the chargeable profits and gains. the asset referred to in section 45 of the act has to be one: (i) in the acquisition of which it is possible to envisage a cost; (ii) in the acquisition whereof the assessee had incurred ..... as a result of the transfer of the capital asset, there shall be deducted the expenditure incurred in capital asset and the cost of any improvement thereto. section 49 of the said act sets out of the cost of acquisition with reference to certain modes of acquisition. 7. capital gain tax is levied on the profit or gain that .....

National Insurance Co. Ltd. Vs. K. Ramasamy,

Court : Chennai

Reported in : I(2007)ACC565; 2008ACJ516; (2006)4MLJ1747

..... technical breach of conditions concerning driving licence.83. we have construed and determined the scope of sub-clause (ii) of sub-section (2) (a) of section 149 of the act. minor breaches of licence conditions, such as want of medical fitness certificate, requirement about age of the driver and the like ..... n.panel- un classification duration- hazchem code of training- toxicity, for (c)flammability, third dayother definitionsproduct information - tremcards- cis/msds- importance of temperature pressure, level- explosive limits- knowledge about equipmentemergency procedure - communication- spillage handling- use of ppe- fire fighting- first aid- toxic release control- protection of wells, rivers, lakes, etc.,- ..... would apply 'the rule of main purpose' and the concept of 'fundamental breach' to allow defences available to the insurer under section 149(2) of the act.11. before applying the above said principles to the facts of this case, it will be useful to refer to the conditions contained .....

Daljeet Kaur and ors. Vs. Fakru and anr.

Court : Madhya Pradesh

Reported in : 2008ACJ949

..... such licence was issued nor it exists in the record of the licensing authority and, therefore, such certificate is admissible in evidence as a public document under section 74 (1) (iii) of the evidence act. learned counsel for the insurance company drew my attention to the decision of this court in the case of oriental insurance co. ltd. v. mulayam bai : ..... 40 years. considering the above, it can be safely held that the deceased was 40 years of age and as such as per second schedule framed under section 163-a of the motor vehicles act, 1988, the multiplier of 15 would be applicable and on applying the multiplier of 15 (i.e., rs. 24,000 x 15 = rs. 3,60,000) ..... that the driver was competent to drive the vehicle. thus, the owner satisfied himself that the driver has a licence and is driving competently, there would be no breach of section 149 (2) (a) (ii) and the insurance company would not then be absolved of its liability.10. in the case of national insurance co. ltd. v. mannibai , the .....

S.J.K. Steel Corporation Ltd. Vs. T. Sathya Narayana and ors.

Court : Andhra Pradesh

Reported in : 2007(2)ALD472; 2007(2)ALT632

ORDERC.Y. Somayajulu, J.1. Respondents 1 to 5 filed the suit against the revision petitioner and 6th respondent inter alia for an injunction restraining them and their agents from diverting the channel noted as ABCD in the plaint plan, which was flowing from East and passing towards South of the plaint schedule land, alleging that the said channel, which is also shown in the revenue records, has been in existence from a long time, and so any diversion of the said channel by the revision petitioner would cause great hardship to them and obtained an ad interim temporary injunction restraining the revision petitioner and 6th respondent from either closing the existing channel or diverting the said channel. Revision petitioner and the 6th respondent filed written statement contesting the suit. As the suit was dismissed for default, the petition in which an injunction was granted was also dismissed. On a petition for restoration of the suit, the suit was restored to file. In the meanwhile, ...

Sri Balmiki Pradhan Vs. State of Orissa and ors.

Court : Orissa

Reported in : 103(2007)CLT164; 2007(I)OLR8

..... be taken up for consideration at the meeting.7. a reading of the above provision clearly shows that no meeting for considering a vote of no confidence under section 24 of the act can be adjourned to a subsequent date.8. learned addl. government advocate submitted that the meeting having not been held on 15.1.2005, the question of ..... is on account of inability to hold the proceeding/meeting on the scheduled date. it is also clear from the above provision of the act that the bar imposed under section 24(2)(h) of the act is a bar for adjourning the meeting of 'vote of no confidence'. it is specifically provided that such a meeting cannot be adjourned. ..... confidence motion' passed against the sarpanch-petitioner in the meeting held on 2.2.2005.4. learned counsel for the petitioner relying on the provisions of section 24(2)(h) of the act contended that the said provision clearly bars adjournment of a meeting scheduled to be convened with regard to the vote of 'no confidence motion'. he further .....

Prantik, Represented Through Its Proprietor Sri Dipak Kumar Biswas Vs. ...

Court : Orissa

Reported in : 103(2007)CLT126

..... considered while passing the impugned award.6. on consideration of the rival contentions raised in the present proceeding, i am of the view that in terms of section 34 of the act, an arbitral award may be set aside by a court if the court is satisfied that the party making an application for setting aside an arbitral award ' ..... which the learned district judge has set aside the award is clearly not sustainable in law since the ground stated in the impugned order is not available in section 34 of the act and accordingly, the impugned order dated 1.10.2004 passed by the district judge, cuttack in arbitration misc. case no. 35 of 2002 is liable to ..... done the petitioner would suffer irreparable loss.3. the learned counsel for the appellant vehemently submits that the impugned order suffers from non-consideration of the requirement of section 34 of the act and further submits that the learned district judge ought not to have remanded the matter on payment of costs of rs. 1,000 /in view of the .....

Ntpc Limited Vs. West Bengal State Electricity

Court : Central Electricity Regulatory Commission CERC

..... basis is more reasonable.11. in our considered view, the change of methodology suggested by the petitioner does not fall within the scope of review under section 114 read with order xlvii of the code of civil procedure. impact of de-capitalisation of assets on cumulative re-payment of loan.12. the petitioner ..... of liabilities-impact adjustment for prior period.15. the petitioner has submitted that it is maintaining accounts on accrual basis as per the requirement of the companies act, 1956 and as laid down in accounting standards issued by institute of chartered accountant of india. the capital expenditure is entered in the books of accounts ..... 24. the petitioner has submitted that the part vi (b) of the sixth schedule to the electricity (supply) act, 1948 provides for accumulation of depreciation and that the fifth schedule to the electricity (supply) act, 1948 dealing with the charges for the generating companies also incorporate the above principle relating to accumulation of depreciation .....

Commissioner of C. Ex. Vs. Weld Fuse Pvt. Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

..... and other functions, which are fulfilled in combination with other components such as feeders and egg collectors and hence, in accordance with the section notes 4 to section xvi of the central excise tariff act, 1985 also, the impugned goods merit classification under chsh 8436. to sum up, the goods are parts of batteries of bird ..... particularly applicable in this case considering that the opinion expressed circular no. 36/cx/4, dated 31-8-90 is clearly against the relevant section notes of the central excise tariff act, 1985. the appellant's contention that the goods are classifiable as articles of iron and steel as they are made of iron and ..... are not considered as poultry keeping machinery and are rightly classifiable according to the constituent material. this circular is against the section note no. 5 of the section xvi of the central excise tariff act, 1985 wherein equipment is specifically included in the definition as machine and therefore cannot be considered as a legal circular. .....

Thomas Paul Vs. State of Kerala

Court : Kerala

Reported in : 2007(1)KLT267

..... the tribunal was that the karukutty railway station road on the side of which, construction has been taken up, is a road for the purpose of section 220(b) of the act. the petitioners contend that the above contention is untenable and that the panchayat only took a provisional decision to declare the road as a public road ..... 3 of the kerala panchayat raj (manner of publication of notification or notice) rules, 1996 notifying the same as a public road for the purpose of section 220(b) of the act.2. ext. p4 order passed by the 3rd respondent-karukutty gramapanchayat directing demolition of a newly constructed building as well as ext. p8 order passed by ..... door of the building, they were served with ext. p4 order-cum-notice, alleging that the construction is in violation of the distance rule provided under section 220(b) of the panchayat raj act. to ext. p4, the petitioners submitted ext. p5 objections. they became constrained to prefer an appeal against ext. p4 before the tribunal since the .....

E.S.i. Corporation Vs. Rajagopal Textile Mills (P) Ltd.

Court : Kerala

Reported in : 2006(4)KLT730

..... insurance court, palakkad, for short, the 'e.i.court', was as to whether holiday wages will amount to wages within the meaning of section 2(22) of the employees' state insurance act, 1948, hereinafter, the 'esi act', for short. the e.i.court, following the decision of the full bench of this court in e.s.i. corporation v. malabar cashewnut ..... was as to whether the additional remuneration paid to employees under the kerala industrial establishments (national and festival holidays) act, 1958, hereinafter, the 'holidays act', will come within the definition of 'wages' as defined in section 2(22) of the esi act. when the appeal came up for final hearing on 16-10-2001, it was submitted on behalf of the ..... was made to the 16th edn. of mulla on the code of civil procedure, 1908 wherein it is recorded that (1) in amrit lal v. madho das (1884) 6 all 292 it was held that where a decree is based upon a decision of a division bench of the high court, and that decision is subsequently overruled by .....