Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Year: 2006 Page 7 of about 5,322 results (0.135 seconds)

Prakash Kaur and anr. Vs. Kulvindra Singh and anr.

Court : Rajasthan

Reported in : 2008ACJ1414

..... . in shivaji dayanu patil v. vatschala uttam more : [1991]3scr26a , there was a collision between a petrol tanker and truck, the injuries caused to the deceased by explosion and fire was held due to accident arising out of use of vehicle. it was held that the petrol tanker after collision lying turtle at a distance from road does ..... exh. a1.7. after hearing the parties, the learned juftge, motor accidents claims tribunal, sri ganganagar held that the accident has not occurred due to rash and negligent act of the driver of truck no. rrc 7166. thus, the claimants-appellants are not entitled to get any compensation and dismissed the claim petition vide judgment and award dated ..... instruct milkiyat singh to replace the tyre of the back wheel. he was not responsible to pay compensation to the claimants. the deceased was wholly responsible for his own act of negligence. he also stated that it was not an accident but was a casual incident. he prayed that the claim petition may be dismissed.5. in the .....

State of Uttaranchal Vs. Mohd. Sayed

Court : Uttaranchal

Reported in : 2006CriLJ4334

..... the police started the investigation in this matter. the prosecution has further stated that another case was registered on 30th july, 1998 under sections 121/12a/112, i.p.c. and 4/5 explosives act and 18 foreigners act, 1948 in the railway station, delhi. while making the investigation of that case, the delhi police arrested the respondent-accused. the ..... the magistrate. the case was committed to the court of sessions and the learned sessions judge framed the charges under section 4/5 explosive substances act, under section 216/34, i.p.c. and 151/34 of railway protection of property act.5. the accused denied the charges and claimed the trial.6. thereafter, the matter was listed for the ..... in session trial no. 241/03 in case crime no. 150 of 1997 whereby he convicted and sentenced the accused under sections 216/34, i.p.c. and 4/5 explosive substances act and 151/34 of railways act to the period already undergone by him in jail.2. brief facts for the disposal of this appeal are that an .....

The Commissioner of Central Vs. Gulf Oil Corporation Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

..... not sustainable. further the learned advocate pointed out that as per para 141 of the explosives act, 1884, there are certain requirements as under : 141. restrictions on sale of explosives - (1) no person shall sell any explosive to any person who is not authorized to possess such explosives under these rules. (2) no person shall sell, deliver or cause to be delivered ..... petrochemicals ltd v. commissioner of c. ex., chennai 2004 (167) elt 434 (tri. - chennai) wherein it has been held that removal of goods to r & d section for testing which is situated within factory compound and also marked in ground plan - nod duty is demandable.neelkamal plastics ltd. v. cce, noida wherein it has been held ..... as drugs could not be sold in market without compliance with rules ibid, the samples were not marketable and they were not liable to duty - sections 2 (f) and 3 of central excise act, 1944.j.k. industries ltd. v. cce, jaipur 2003 (156) elt 437 (tri del) wherein it has been held that samples of tyred .....

Shri Vishan Shamlal Milwani and Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(109)ECC113

..... the goods. they did not have the capacity to manufacture the entire goods stated to have been clandestinely removed that their manufacture of fireworks is governed under the explosive act and so the production cannot be concealed and that they cannot work during night as electricity is not used in the premises as the heat generated by electricity can ..... possible for them to remove calendestinely finished goods valued at rs. 1.36 crores from the factory premises.10. as regards penalty it was submitted that penalty under section 11ac is not mandatory as has been held in a number of decisions and since no clandestine clearances have been effected the penalty is not imposable at all.11 ..... as in case of clandestine removal all facts cannot be similar and each case has to be judged on its own merits.15. as regards the mandatory penalty under section 11ac, we hold that the penalty is the maximum penalty provided and not equivalent penalty and we are inclined to reduce this penalty to rs. 5 lakhs only .....

Md. Wahab Mian Vs. the State of Bihar (Now Jharkhand)

Court : Jharkhand

Reported in : 2006CriLJ3938

..... mortem. 6. the investigation continued, during which witnesses were examined. sanction order, ext.7, was obtained for prosecution of the appellant and the other accused under section 3 and 5 of explosive substances act. after the completion of investigation, final report was filed against the appellant and others by the police officer, sarjug pathak, who was in-charge of mohanpur police ..... i.p.c, he was sentenced to one year r.i. on being found guilty under section 436 i.p.c, he was sentenced to ten years r.i. he was also found guilty under section 3 & 5 of explosive substance act, for which he was sentenced to r.i. for two years with a direction that the sentences of imprisonment will ..... .00 p.m. this aspect we are specifically mentioning, since a faint attempt was made by the counsel that since no specific overt act was attributed to the appellant, he cannot be found guilty under section 149 i.p.c. there is no need for us to mention that if a person is a member of an unlawful assembly and .....

State of Orissa Vs. I.D.L. Chemical (P) Ltd.

Court : Orissa

Reported in : [2006]147STC231(Orissa)

..... of assessee, m/s. idl industries (formerly idl chemicals ltd.), a company under the indian companies act having its registered office at kukatpalli, andhra pradesh, engaged in manufacturing explosives, detonators and accessories and holding licence under the explosives act, 1884. it has a manufacturing unit at sonaparbat near rourkela in orissa which is also registered under both ..... of the transactions being held to be inter-state sales, the petitioner be permitted to avail of the concessional rate envisaged by section 8(1) read with section 8(4) of the act; or, in the alternative, the assessments to local sales tax be quashed in so far as they included the turnover of the ..... beginning from hyderabad all the way, until delivery to the customer it was an inter-state movement. the sale transactions were inter-state sales under section 3(a) of the act;....13. in the present case, admittedly there was purchase order issued by m/s. cil and pursuant to that order ultimately goods were supplied .....

The J.C.i.T., Special Range-1 Vs. Kwality Cafe and Restaurant (P)

Court : Income Tax Appellate Tribunal ITAT Chandigarh

..... on behalf of foreign principals and bought and sold on its own account. under an unwritten agreement which was terminable at will the appellant acted as sold agents and distributors of explosives manufactured by the imperial chemical industries (export) ltd. that agency was terminated and by way of compensation the imperial chemical industries (export) ltd ..... disclosed by the assessee for goodwill was not sufficient as it was without any basis. it was further contended that the amendment in section 55(2)(a) and section 32 of the act clearly indicate the legislative intent. it was accordingly pleaded that the appeal of the revenue may be allowed.20. we have given our ..... in the alternative the assessee having incurred expenditure for the acquisition of trade marks and also having paid advertisement expenses, the amount received was assessable to tax under section 41. in support, reliance was also placed on the decision of the supreme court in the case of polyflex (india) pvt. ltd. v. cit 257 .....

Joint Commissioner of Vs. Kwality Cafe and Restaurant (P.)

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)105ITD169(Chd.)

..... on behalf of foreign principals and bought and sold on its own account. under an unwritten agreement which was terminable at will the appellant acted as sold agents and distributors of explosives manufactured by the imperial chemical industries (export) ltd. that agency was terminated and by way of compensation the imperial chemical industries (export) ltd ..... 1982. it was contended that there was no breach of contract insofar as there was no violation in terms of the trade marks act, 1958/1999 in particular section 34 of the act. our attention was invited to delhi high court judgment in senor laboratories ltd. v. jagsonpaul pharmaceutical air 1922 delhi 102 para 9 ..... that in the alternative the assessee having incurred expenditure for the acquisition of trademarks and also having paid advertisement expenses, the amount received was assessable to tax under section 41. in support, reliance was also placed on the decision of the supreme court in the case of polyflex (india) (p.) ltd. v. cit . .....

Gulf (Oil) Corporation Limited Vs. Steel Authority of India Limited an ...

Court : Kolkata

Reported in : 2006(3)CHN718

..... it came to the knowledge of the petitioner, that is when he received the letter, the communication of acceptance became complete against the respondents. under section 5 of the contract act, the proposal could be revoked at any time before the communication of the acceptance was complete as against the petitioner, but not afterwards. therefore, ..... pleads that there is a live dispute between the petitioner and the respondents on the following three points:a) whether there is any agreement to supply the explosives to the respondents by the petitioner herein in terms of the loi dated 19th november, 2004,b) whether the clause 14 of the loi dated 19th november ..... the petitioner on 7th december, 2004. the petitioner also received another letter 7th december, 2004 advising the petitioner to resume supply of the balance quantity of explosives, that is the quantity mentioned in the tender notice minus the quantity already supplied by the petitioner on 3rd november, 2004 and 16th november, 2004. again .....

Maqbool HussaIn and ors. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2007(1)JKJ226

..... and ammunition were recovered from the possession of accused and trial court rightly convicted and sentenced the accused for the commission of offence punishable under section 7/25 arms act.71. in view of the above discussion, this review petition merits to be partly allowed and partly rejected. viewed thus, the order of ..... is relevant, insofar as they are necessary for the purpose, are relevant. so the evidence of identification is a relevant piece of evidence under section 9 of the evidence act where the evidence consists of identification of the accused person at his trial. the statement of the witness made in the court, a fortiori ..... shafi, ghulam hussan wani, nissar hussain and lal hussain were apprehended and arms, ammunition and explosives were recovered from their possession details of which are given in the seizure memos.4. accused had brought the arms, ammunitions, explosives from paskistan after crossing border and obtaining training from isi, in order to escalate the militant .....