Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Year: 2006 Page 36 of about 5,322 results (0.218 seconds)

S.K. Sharma Vs. the General Manager, Railway

Court : Madhya Pradesh

Reported in : 2007(2)MPLJ117

..... sinha (supra), it was laid down by the patna high court that the person travelling without ticket or permission is not passenger within the meaning of section 82a of the railway act, 1890. there is no dispute with the aforesaid preposition. the passengers were travelling without ticket in that case. in the instant case facts are different. ..... /-. the other two members; judicial and member (technical) disagreed with the opinion. it was held by them that definition of 'passenger' is given in section 2(29) of the act which means a passenger travelling with a valid pass or ticket. the applicant was travelling by express train. he was holding iind class ordinary ticket, which was ..... the correctness of an affidavit filed by claimant. thus, on facts, it is clear that the claimant was a passenger as contemplated under section 2(29) read with sections 55 and 124a of the act.10. shri s.p. sinha, learned counsel appearing on behalf of the railway has submitted that the case of oral permission should not .....

Tip Top General Agencies Pvt. Ltd. and anr. Vs. Commercial Tax Officer ...

Court : Madhya Pradesh

Reported in : (2008)14VST153(MP)

..... buying, selling, supplying or distributing goods directly, within the definition of a 'dealer'.8. as regards the word 'business', it has been defined in section 2(bb) of the said act in inclusive manner. it includes any transaction of sale or purchase of goods in connection with or incidental or ancillary to the trade, commerce, manufacture, ..... material used in the work of repairs stood transferred to the northern coalfields limited (who owned the tyres).6. 'dealer' was defined under section 2(d) of the m. p. general sales tax act, 1958 as follows:'dealer' means any person who carries on the business of buying, selling, supplying or distributing goods, directly or otherwise whether ..... agreement in favour of the petitioners amount to works contract and the petitioner no. 1 falls within the definition of 'dealer' as defined under section 2(h) of the m. p. commercial tax act. accordingly, it was informed that petitioner no. 1 was found liable to sales tax with effect from january 1, 1994 under .....

Commissioner of Central Excise Vs. Modern Steels Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)(116)ECC237

..... and utilized credit of central excise duty paid by them at 16% on receipt/purchase of ctd bars, angle, channel, ms bar, joist and shapes and sections falling under chapter 72 of the central excise act, 1985 for their project work, treating these goods as capital goods. since it appeared that they did not fall within the purview of the definition of ..... : (i) all goods falling under chapter 82, chapter 84, chapter 85, chapter 90, heading no. 68.02 and sub-heading no. 6801.10 of the first schedule to the tariff act; (iii) components, spares and accessories of the goods specified at (i) and (ii) above; it is evident from the deliberate change in the definition of "capital goods" by omitting "plant .....

Pluto Plastics Pvt. Ltd. and NitIn Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... accept the submission of the learned counsel that it is not sustainable for the reason that in the first round of litigation, penalty was imposed only under section 11ac of the central excise act and no penalty was imposed under rule 173q, in spite of proposal for the same in the show cause notice and it is only in the present impugned .....

Nagender Singh, Ex. Constable of Vs. Govt. of Nct of Delhi Through

Court : Central Administrative Tribunal CAT Delhi

..... police officer, which render you liable to be dealt with departmentally in accordance with section 21 of d.p. act, 1978.8. in the disciplinary enquiry, many witnesses had been examined. the applicant never disputed that he did take the pistol and ammunition at ..... proceedings and criminal proceedings were identical and inextricably intertwined, therefore, the disciplinary authority should have waited till the result of the criminal case. criminal proceedings registered under section 409 ipc in fir no. 2/97 culminated in acquittal of the applicant. thus as per rule 12 of delhi police (punishment & appeal) rules, ..... about the whereabouts of the said pistol and ammunition. in this connection the case fir no. 2/97 under section 409 ipc was got registered at p.s. chanakyapuri, new delhi. the above act on your part amounts to grave misconduct, carelessness, dereliction in the discharge your official duties and unbecoming of a .....

General Glass Co. (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)108TTJ(Mum.)854

..... in terms covenanted thereunder. willingness to perform the roles ascribed to a party, in a contract is primarily a mental disposition. however, such willingness in the context of section 53a of the act has to be absolute and unconditional. if willingness is studded with a condition, it is in fact no more than an offer and cannot be termed as willingness. ..... facts and in the circumstances of the case and in law, the learned cit(a) erred in holding the reopening of assessment under section 147 of the it act, 1961, was proper and thereby erred in confirming the reopening of assessment. looking to the facts and in the circumstances of the case and in law, the appellant ..... appeal is filed by the assessee and is directed against the order dt.8th nov., 2004 passed by the cit(a) in the matter of assessment under section 143(3) r/w section 147 of the it act, 1961, for the asst. yr.1996-97. grounds of appeal, as set out in the memorandum of appeal, are as follows: 1. on the .....

Parkash Singh Badal and anr. Vs. State of Punjab and ors.

Court : Supreme Court of India

Reported in : AIR2007SC1274; 2007(3)ALD8(SC); JT2007(1)SC89; 2006(13)SCALE54; (2007)1SCC1; 2007AIRSCW115; (2007)1SCC(Cri)193; 2007(1)LawHerald(SC)142; 2007(1)KLJ497; 2007(2)KCCRSN92.

..... committed must have something to do, or must be related in some manner, with the discharge of official duty. no question of sanction can arise under section 197, unless the act complained of is an offence; the only point for determination is whether it was committed in the discharge of official duty. there must be a reasonable ..... , it is not every offence committed by a public servant while engaged in the performance of his official duty, which is entitled to the protection of section 197(1), an act constituting an offence, directly and reasonably connected with his official duty will require sanction for prosecution under the said provision. use of the expression, 'official duty ..... legislative assembly. shri sukhbir singh badal was a member of the parliament. as noted above, primary stand is that the effect of section 6(2) of the old act corresponding to section 19(2) of the act was not considered and in that view of the matter the judgment in antulay's case (supra) is to be considered per .....

Ghanshyam Singh Bhadoria Vs. Union Bank of India and ors.

Court : Rajasthan

Reported in : 2007(2)WLN464

..... respondent per contra submits that in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (hereinafter referred to as 'the act of 2002'), the definition of 'borrower' is provided in section 2(f) of the act of 2002 which is quoted herein below:'borrower' means any person who has been granted financial assistance ..... in it. it is the will of the person authorised under the act of 2002 to proceed in accordance with the provisions of section 13 of the act against the person to whom he thinks fit. even under sub-section (11) of section 13 of the act of 2002, no preferential right has been conferred on the guarantor of the ..... creditor because it says that without prejudice to the rights conferred on the secured creditor under or by this section, secured creditor shall be entitled to proceed against .....

Commissioner of Income-tax Vs. Oswal Woollen Mills

Court : Punjab and Haryana

Reported in : [2009]311ITR230(P& H)

..... 2005]278itr546(sc) .10. learned counsel for the assessee sought to make a distinction by contrasting the expression 'in the nature of guest house' used in section 37(3) of the act with the expression 'running and maintenance of motor cars'. reading the provision as a whole, the distinction sought to be made out is not material. the ..... the judgment of the hon'ble supreme court in britannia industries ltd. v. cit : [2005]278itr546(sc) , wherein the question of interpretation of section 37(3b) of the act in the context of disallowance for guest house was examined and it was held that the said provision being a special provision, the disallowance will apply ..... cit v. travancore cements ltd. : [1999]240itr816(ker) , wherein distinction was made between the expression 'repairs' used in section 31 of the act and the expression 'maintenance' used in section 37(3b) of the act in the context of maintenance of cars, was disapproved and the view taken by the calcutta high court in kesoram industries and .....

Sunil Prakash Sharma S/O Late Suraj Prakash Sharma Vs. Central Bank of ...

Court : Allahabad

Reported in : 2007(2)AWC1194; [2007(113)FLR88]; (2007)2LLJ1005All

..... is governed by clause 12 of the memorandum of settlement reached between the parties, which is binding on them in view of the provisions of section 18 of the industrial disputes act, 1947. the said clause provides that a lawyer may be engaged as a defence nominee only with the permission of the bank otherwise the employee ..... aforesaid judgment..in the aforesaid judgment, apex court was considering the question as to whether appeal against the order of conciliation officer is maintainable under section 4 of industrial disputes (appellate tribunal) act, 1950. the apex court in that context examined the question as to whether when an authority which is under duty to ..... require that order by the appellate authority has to be an order by the tribunal. orders passed by appellate and revisional authorities under any u.p. act or central act are dealt and in separate category whereas orders.passed by tribunal and court are dealt in separate category. by adopting golden rule of interpretation that when .....