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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Year: 2006 Page 31 of about 5,322 results (0.139 seconds)

Dec 08 2006 (SC)

Chenna Boyanna Krishna Yadav Vs. State of Maharashtra and anr.

Court : Supreme Court of India

Decided on : Dec-08-2006

Reported in : 2007CriLJ782; 2006(13)SCALE256; (2007)1SCC242

..... at a finding on the basis of broad probabilities. however, while dealing with a special statute like mcoca having regard to the provisions contained in sub-section (4) of section 21 of the act, the court may have to probe into the matter deeper so as to enable it to arrive at a finding that the materials collected against the ..... it does not provide that even in case a person remains behind the bars for a period exceeding three years, although his involvement may be in terms of section 24 of the act, the court is prohibited to enlarge him on bail. each case, therefore, must be considered on its own facts. the question as to whether he is ..... 474, 475, 476 and 34 of the indian penal code. a case was also registered under the provisions of section 63(a) and 63(b) of the bombay stamps act, 1958. subsequently, sections 3 and 24 of the maharashtra control of organized crimes act, 1999 (hereinafter referred to as 'mcoca') were also invoked. against some of the accused, including the appellant, .....

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Dec 08 2006 (HC)

Ch. Purushotham Vs. the Senior Divisional Commercial Manager, S.C. Rai ...

Court : Andhra Pradesh

Decided on : Dec-08-2006

Reported in : 2007(3)ALD73; 2007(3)ALT342

..... herein that such a notification has been issued by the central government, (let alone its being published in the official gazette), conferring powers under section 5 of the act on the enquiring authorities of the railways. to a specific query from this court, sri r.s. murthy, learned standing counsel, would submit ..... a revision, under rule 25 of the railway servants (discipline & appeal) rules, 1968, is an effective alternative remedy requiring the tribunal, under section 20 of the administrative tribunals act, and this court, under article 226 of the constitution of india, to refrain from exercising discretion. suffice to state that the question, whether the ..... remedy of a revision can be equated to an appeal, under section 20 of the administrative tribunal act, which would bar the tribunal from exercising its jurisdiction is left open for examination in an appropriate case.the writ petition fails and is .....

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Dec 08 2006 (SC)

Ajendraprasadji N. Pande and anr. Vs. Swami Keshavprakeshdasji N. and ...

Court : Supreme Court of India

Decided on : Dec-08-2006

Reported in : AIR2007SC806; 2007(2)ALD93(SC); RLW2007(3)SC1790; 2006(13)SCALE525; (2006)12SCC1

..... any stage'. the proviso uses the phrase 'no application for amendment shall be allowed'.20. the submission of the learned senior counsel is that when in the same section of an act the word may is used in one place and shall in another place, may will have to be interpreted as may and shall will have to be interpreted as ..... . i have no reason to disbelieve the same. the above submission assumes significance for the reason that first defendant is a proclaimed offender. the proclamation has been issued under section 82 of cr.p.c. for the alleged commission of certain offences. he has not yet surrendered to the court. in page 4 of the counter affidavit, it is ..... wholly omitted so that an amendment itself was not permissible, although sometimes effort was made to rely on section 148 for extension of time for any purpose. ultimately to strike a balance the legislature applied its mind and re-introduced rule 17 by act 22 of 2002 w.e.f. 1.7.2002. it had a provision permitting amendment in the .....

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Dec 08 2006 (HC)

Raj Marketing Vs. State of Maharashtra,

Court : Mumbai

Decided on : Dec-08-2006

Reported in : AIR2007Bom76; 2007(3)ALLMR195; 2007(2)BomCR824; 2007(1)MhLj654

..... agree with the view taken by the learned single judge of the andhra pradesh high court. in our opinion, the contention as urged in so far as section 1(3) of the act is concerned, must also be rejected.5. we then come to the seizure in respect of the other packages. rule 2(x) defines a wholesale package ..... packages as a specific notification has not been issued in respect of a packed commodity like agarbatti as required under section 2(3)(d) of the standards of weights and measures act, 1976, which hereinafter shall be referred to as the act.(2) in so far as the seizure of the wholesale packages of candyman, minto-fresh and badam halwa. ..... . 4(a). after considering the various notifications in para. 5 we have noted that by notification dated 26th september, 1977 various provisions of the act as set out therein, have been brought into force and once those sections had come into force there was no need for a different notification specifying the different dates for different provisions of the .....

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Dec 08 2006 (HC)

Narendra Anantsing Kachave Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Dec-08-2006

Reported in : IV(2007)BC188; 2007(1)BomCR972

..... purpose of deciding this application against acquittal are as under:appellant is a proprietor of narendra enteiprises, kisan agro agency, mangalwedha. he filed complaint under section 138 of ni act against the respondent no. 2 bearing s.t.c. no. 30/02 in which it was alleged that respondent no. 2 had purchased drip irrigation ..... the notice and, therefore, complaint was filed. appellant examined three witnesses and after appreciating evidence, learned magistrate found the respondent no. 2 guilty under section 138 of n.i. act. against the said judgment and order, appeal was preferred by the respondent no. 2 in the court of 3rd additional sessions court, pandharpur. the ..... has submitted that 3rd additional sessions judge, pandharpur, had erred in acquitting the respondent no. 2. he further submitted that all the ingredients of section 138 of n.i. act had been proved by the appellant and, therefore, there was no reason for the sessions court to interfere with the findings recorded by the learned .....

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Dec 08 2006 (HC)

Sureskumar Makhansing Prajapati Vs. the State of Gujarat

Court : Gujarat

Decided on : Dec-08-2006

Reported in : (2007)3GLR2666

..... 21 years of age. the record shows that he was aged only 19 years at the time of incident. in view of that, compliance of sub-section (2) of section 6 of the act is obligatory. absence thereof causes miscarriage of justice. this court is of considered opinion that the ends of justice will be served if a direction is given ..... advocate for the appellant successfully pointed out to the court that the learned additional sessions judge did not comply with a mandatory obligation under sub-section (2) of section 6 of the probation of offenders act, 1958 (the act, for short). for ready reference relevant part of the same is reproduced:. the court shall call for a report from the probation officer ..... of the commission of the offence:the order of the high court is set aside and the high court is directed to make an order under section 6 of the probation of offenders act, 1958 and if it so desires remand the case to the sessions court or the trial court for doing so. the appeal shall stand allowed .....

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Dec 08 2006 (HC)

Prem Chandra Mishra Vs. the State of Bihar and ors.

Court : Patna

Decided on : Dec-08-2006

..... to the entrepreneurs. the advocate general also referred to the bihar industrial area development authority act, 1974. section 2(f) of the act defines industrial area to mean an area for which an authority is constituted under section 3 of the act. section 3 empowers the state government to constitute an authority for any area or areas for ..... the building. it is also alleged that the action of the state government/authority in granting to respondent no. 5 lands at different places was an act of malafide and called for institution of criminal cases against the concerned people and an investigation by the central bureau of investigation.4. the writ petition, ..... development and promotion of industry. section 6 deals with the powers and duties of the authority and makes it responsible for planning, .....

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Dec 08 2006 (HC)

Mahanagar Ghaziabad Chetna Munch Through Its President, Sri Ram Avtar ...

Court : Allahabad

Decided on : Dec-08-2006

Reported in : 2007(2)AWC1113

..... due to the state committee from any source; and(iv) the moneys, if any, standing to the credit of a state haj committee, at the commencement of this act.section 33 deals with the application of state haj fund, as under:33. application of state haj fund.-- the state haj fund shall, subject to any rules that may ..... to it by government.(2) the local government shall afford all reasonable assistance to the port haj committee in the discharge of the duties imposed by this section.section 20 of such act provides for haj funds, as follows;20. haj funds.-- in each port in which there is a port haj committee there shall be. created a fund ..... maintenance of any particular religion or religious denomination.38. however, the supreme court held factually on the local law that the object of the contribution under section 76 of the madras act is not the fostering or preservation of the hindu religion or any denomination within it. the purpose is to see that religious trusts and institutions, wherever .....

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Dec 08 2006 (HC)

K. Chakarabani Vs. the Presiding Officer, Labour Court and the Panruti ...

Court : Chennai

Decided on : Dec-08-2006

Reported in : (2007)1MLJ517

..... from the starting point as well as bonus, surrender leave, contribution to welfare fund are all without any basis. it goes without saying that a claim under section 33(c)(2) of the i.d. act is available only when there is an entitlement either under any law, contract, settlement or under an award.12. however, the contention of the second respondent ..... in affirmative, then as to the rate with which he is eligible to get the amount.9. the writ petitioner approached the first respondent labour court under section 33(c)(2) of the i.d. act and he has filed three claim petitions being c.p. nos. 117 of 1995, 43 of 1997 and 115 of 1996 respectively. he has not challenged ..... an employee in no event, will be liable to refund or forfeit any part of the subsistence allowance admissible to him which are paid under section 3(1) of the said act.5. the provisions of the said act are undoubtedly applicable to the co-opearative society and this court as early as in 1989 (1) l.l.n. 689 [c. selvaraj and .....

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Dec 08 2006 (HC)

Union of India (Uoi) Vs. Gupta Builders Pvt. Ltd. and ors.

Court : Mumbai

Decided on : Dec-08-2006

Reported in : (2008)215CTR(Bom)74; [2008]297ITR310(Bom)

..... offence and has proceeded to discharge the accused. it is always open for the respondents/accused to file application for compounding of offence under section 279(1) of income tax act and circulars and notifications which are issued therein from time to time for the purpose of compounding the offence and if such application is made ..... 1 to 3 and original accused no. 4 under section 276b read with 278b of income tax act for not making the payment of tax deducted at source within prescribed time to the credit of central government. in these cases, application ..... 47th court, esplanade, mumbai whereby accused no. 1 to 4 were discharged from the prosecution which was launched by income tax department under section 276b read with 278b of income tax act.2a. brief facts which are relevant for the purpose of deciding this application are as under:forty complaints were filed against the respondents nos. .....

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