Court : Kerala
Decided on : Jul-27-2006
Reported in : II(2007)ACC120; 2007ACJ338; 2006(4)KarLJ63
..... the petrol tanker no. mkl 7461.in that case since negligence of the owner of motor vehicle was not proved, court awarded only compensation under section 92-a (equivalent to section 140 of present act). in this case taxi was driven by petitioner to workshop for repair and while repairing gas exploded due to pure accident. therefore, on the same ..... motor vehicle the taker had fallen on one of its sides 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 field of protection made available to the victims of an accident and is in consonance with the beneficial object underlying the enactment.37. was the accident involving explosion and fire in the petrol tanker connected with the use of tanker as a motor vehicle? in our view, in the facts and circumstances of the present case .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-26-2006
..... of the opposite party no. 2, so the local police started a separate case being mango (azadnagar) p.s. case no. 38 dated 01/2/2006 under sections 3 and 5 of the explosive substance act. the opposite party no. 2 was also shown arrested in connection with bowbazar p.s. case and the articles were also shown to have been seized in ..... justified. as the matter involves transfer of a case from one state to another state, so the learned chief judicial magistrate, jamshedpur was not authorized to pass such order under section 186(b) cr.p.c. which runs as under:high court to decide, in case of doubt, district where enquiry or trial shall take place: * * * * * * * *(b) if the courts are .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-25-2006
Reported in : 2008ACJ892
..... must be a causal relationship between the accident and the user of the motor vehicle for the purpose of maintainability of a claim under section 92-a of the act.(37) was the accident involving explosion and fire in the petrol tanker connected with the use of tanker as a motor vehicle? in our view, in the facts and ..... dealing with the concept of 'arising out of use of the motor vehicle' provided under section 92-a of the motor vehicles act, 1939, expressed the view as under:(27) the only other question which remains to be considered is whether the explosion and fire which caused injuries to the deceased son of the respondent can be said to ..... advert to other issues and accordingly dismissed the claim petition. being dissatisfied with and aggrieved by the said award the claimants-appellants have preferred the present appeal under section 173 of the act.7. mr. n.k. jain and mr. tiwari appearing for the appellants have submitted that the tribunal has grossly erred in holding that there was no .....
Tag this Judgment!Court : Delhi
Decided on : Jul-24-2006
Reported in : 131(2006)DLT376
..... flat at 98, sunder nagar, new delhi by way of a parcel bomb resulting in the registration of a case against him under section 302 ipc and sections 3, 4 and 6 of the explosive substances act bearing case no. rc-3/83. the said case was pending in the court of ms.mamta sehgal, additional sessions judge posted at ..... on the administrative side which is under challenge in this petition.6. in the course of arguments, the principal ground for assailing the order under challenge was that section 407 of code of criminal procedure circumscribes the power of the high court to transfer criminal cases and appeals and the same contemplates issuance of notice to the accused ..... by the earlier additional sessions judge, the same cannot be sustained in view of the fact that the successor judge stands empowered in view of the provisions of section 326 of the code of criminal procedure to try the case on the evidence recorded by his predecessor.7. having carefully considered both the aforesaid decisions, we are .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jul-20-2006
Reported in : 2007CriLJ513
..... sent to him by the police. such is the position of law as to the proving of the contents of a document. chapter iv of the evidence act smvt. 1977, in section 60, provides that oral evidence must in all cases whatever, be direct, that is to say if it refers to an opinion or to the grounds on ..... admissible in evidence. section 510 of the chapter xli of the code of criminal procedure dealing with special rules of evidence, reads thus:510. report of chemical examiner(1) any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government (or the chief inspector of explosive or the director ..... most casual and cursory manner.incriminating circumstances appearing in evidence in a prosecution are required to be put separately to the accused for his explanation, is the mandate of section 342 of the code of criminal procedure. learned sessions judge has committed an error in not following this mandate. appellant's counsel, in my opinion, is, thus, .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-18-2006
Reported in : 2007(1)BLJR367
..... all other seven accused persons from all the charges. the trial court further sentenced appellant parikhit mahato to serve rigorous imprisonment for seven years for the offence under section 3 of the explosive substance act.3. the present appeal has been preferred on the grounds that the trial court has committed mistake of fact as well as law by not believing the story ..... of the indian penal code and sentenced to serve rigorous imprisonment for seven years, and appellant no. 2 parikhit mahato stands further convicted for the offence under section 3 of the explosive substance act and sentenced to serve rigorous imprisonment for seven years, by the 3rd additional sessions judge. dhanbad in sessions trail no. 153 of 1986.2. brief facts leading to this .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-18-2006
Reported in : [2006(4)JCR622(Jhr)]
..... all other seven accused persons from all the charges. the trial court further sentenced appellant parikhit mahato to serve rigorous imprisonment for seven years for the offence under section 3 of the explosive substance act.3. the present appeal has been preferred on the grounds that the trial court has committed mistake of fact as well as law by not believing the story ..... of the indian penal code and sentenced to serve rigorous imprisonment for seven years, and appellant no. 2 parikhit mahato stands further convicted for the offence under section 3 of the explosive substance act and sentenced to serve rigorous imprisonment for seven years, by the 3rd additional sessions judge, dhanbad in sessions trial no. 153 of 1986.2. brief facts leading to this .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-18-2006
Reported in : 2006(4)CHN111
..... directly from the victim himself, the learned judge made no mistake either in fact or in law in convicting the appellants under section 302/34 of the ipc and under section 9b(1)(b) of the indian explosives act.16. we have heard and considered submissions of both mr. basu and mr. sengupta and we have also examined the ..... and finding a strong prima facie case against all the five appellants, charge-sheet was submitted against all of them under section 302/34 of the ipc and also under section 9b(1)(b) of the indian explosives act.5. the learned additional sessions judge after framing charges against the appellants on the basis of police papers explained the charges ..... /34 of the ipc and sk. basir and manjur ali were sentenced to suffer rigorous imprisonment for one year each for the offence under section 9b(1)(b) of the indian explosives act.7. mr. basu, appearing in support of the appeal has seriously challenged the conviction order as well as the consequential order of sentence as recorded .....
Tag this Judgment!Court : Chennai
Decided on : Jul-04-2006
Reported in : (2006)3MLJ492
..... has arranged for a show room at tharamangalam with telephone, constructed godown at a cost of rs. 2 lakhs etc., the chief controller of explosives, department of explosives, government of india chennai, after satisfied with the construction of the godown issued licence in form f for storage of lpg cylinders under gas cylinder ..... towards acquiring land, construction of godown, setting up show room, acquiring transport vehicles, employing technical men, getting registration certificates, f licence from controller of explosives etc., but because of the injunction granted by this court, she was put to irreparable loss and hardship and could not commence the dealership business.7. ..... rules, 1981. she has also obtained certificate of registration under tamil nadu general sales tax act and the central sales tax act from 20.03.2001 .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jul-03-2006
Reported in : (2006)(113)ECC327
..... material is found in the consignment. this is not in dispute. the commissioner of customs found that the goods are liable for confiscation under section 111(d) of customs act, 1962 on the ground that the appellants have not produced pre-shipment certificate. therefore, the commissioner of customs, kandla in all the cases ..... and the exporter stipulating that the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radio active contaminated, or any other explosive material in any form either used or otherwise.4. in the present cases, importer did not furnish sale contract document, but however furnished pre-shipment certificate ..... 28 to the effect that: a) the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radio active contaminated or any other explosive material in any form either used or otherwise. waste/scrap/seconds/defective as per the internationally accepted parameters for such a classification. c) copy of the .....
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