Court : Supreme Court of India
Decided on : Jul-23-1973
Reported in : AIR1973SC2474; (1973)2SCC449; [1974]1SCR266
..... , 324/34 and 333/34 indian penal code, section 25 of arms act read with section 34 indian penal code, section 27 arms act read with section 34 indian penal code, section 3 explosive substances act read with section 34 indian penal code, section 4 explosive substances act read with section 34 indian penal code, section 5 explosive substances act read with section 34 indian penal code and section 6 explosive substances act read with section 34 indian penal code. in the alternative ..... , there were charges against the accused for the above offences read with section 149 indian penal ..... code. learned sessions judge acquitted the other eight accused and convicted the appellant for offences under section 302 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-19-1973
Reported in : AIR1973SC1425; (1973)1SCC856; [1974]1SCR1
..... the more dangerous types of detenus should be denied the privilege of the advisory board. i am free to confess that prescription of specific circumstances or a more rigid and definite specification of classes would have been better and more desirable. but that is crying for the ideal. the constitution has not in terms put any such limitation _________.' (per das ..... ), namely, where a foreigner enters or attempts to enter india or is found with arms, ammunition or explosives, or where a foreigner enters or attempts to enter a notified area or is found therein in breach of section 3 of the criminal law amendment act, 1961, or where such a foreigner enters or attempts to enter in an area adjoining the borders of ..... has to give its report to the government within ten weeks from the date of detention. sub section (4) of section 11 disentitles the detenu to appear by any legal practitioner before the board and makes the proceedings before and the opinion of the board confidential. section 12 provides that if the board is of opinion that there is sufficient reason for the detention ..... the detenu the grounds of detention and confers on him the right to make a representation does not provide for its consideration by an independent and impartial body, is bad; (iv) section 12 is bad as government can, contrary to principles of natural justice, confirm detention for a period longer than three months on the strength of an advisory board's report .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-16-1973
Reported in : AIR1973AP315
..... of the conditions, that is, the number of persons employed on any one day by the petitioner-company admittedly exceeds 50, all the provisions of the act including section 17 must apply to the petitioner-company.10. now, in ordinary usage, ' and ' is conjunctive and ' or ' disjunctive. but to carry out ..... used in connection with the excavation. in such a case also, the main clause (b) of sub-section (1) of sec. 3 would not govern. in other words, if sub-clause (ii) of the proviso ..... ; (b) the number of persons employed on any one day does not exceed fifty ; and (c) explosives are not used in connection with the excavation. (2). notwithstanding anything contained in sub-section (1), the central government may, if it is satisfied that, having regard to the circumstances obtaining in relation ..... safety issued the impugned notice under section 22(1) of the mines act directing the petitioner-company to appoint a qualified mines manager under section 17 of the act. the petitioner-company submitted its explanation on 1-4-1970 contending inter alia that the provisions, except those mentioned in section 3, are not applicable and ..... provisions of the act would apply is where it is an open cast working, the depth of the excavation of which measured from its highest to its lowest point nowhere exceeds six metres ; the number of persons employed on any one day does not exceed fifty ; and explosives are not .....
Tag this Judgment!Court : Chennai
Decided on : Sep-12-1973
Reported in : AIR1974Mad375
..... so as to escape from liability. in view of the fact, that the trial court was absolutely oblivious to the change effected in section 73 of the indian railways act by act 39 of 1961, it had no occasion to frame the necessary issues and concentrate its discussion on the real points that had to ..... ; (g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods; (h) latent defects; (i) fire, explosion or any unforeseen risk; provided that even where such loss, destruction, damage, deterioration or non delivery is proved to have arisen from any one or more of the ..... in fresh evidence with reference to the issues so recast.3. we may also make it clear that the conclusion of the trial court on issue no. 4, viz., whether the suit is bad for misjoinder of parties, causes of action and multifariousness as well as on issue no.2 viz., whether the ..... learned subordinate judge found on issue no.4 that the suit was not bad for misjoinder of parties, causes of action and multifariousness. on issue no. 2, the learned subordinate judge held that the ..... a portion of the freight charges? 3. whether the damages caused to goods was due to vis major and if so whether the defendants are not liable? 4. whether the suit is bad for misjoinder of parties, cause of action and multifariousness? 5. to what relief, if any, are the plaintiffs entitled? the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-13-1973
Reported in : AIR1973All579
..... be removed by the director of education. it necessarily follows that in a case where director wants to proceed to make a recommendation under sub-section (4), he has not only to issue a direction to the management to remove defects or deficiencies coming to his notice, but also to inform ..... of the institution all such powers and authority as the management would have if no orders were made under this sub-section or sub-section (4). (5-b) .....' the scheme underlying the section indicates that the director has been given a power to inspect a recognized institution from time to time. if as ..... the main point in controversy was whether after receiving the recommendation made by the director of education for taking action under sub-section (4), it was obligatory upon the state government to afford an opportunity to the petitioner to have his say in the matter before making an ..... an opportunity to the petitioner to explain why the recommendation made by the director of education be not accepted, as is contemplated by section 16-d (4) (5a) of the act.3. on behalf of the respondents it is contended that before making his recommendation to the state government, the director of education ..... for the appointment of an authorized controller, as in his opinion serious irregularities existed in the institution which could lead to a serious and explosive situation and that the explanation of the managing committee appeared to be baseless. there is not a single word in his recommendation which may .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-03-1973
Reported in : [1978]111ITR542(Cal)
..... the transaction which was really a lease of an entire undertaking for a long term. the learned standing counsel has drawn our attention to section 105 of the transfer of property act and also to sections 108 and 111 of the said act. he has contended that the document in question is clearly a document of lease as provided in the transfer of property ..... situate on the lessor's adjoining land or from the calcutta electric supply corporation limited or otherwise. (4) in the event of the demised premises or any part thereof being damaged or destroyed by fire, explosion, tempest, earthquake, storm, flood,riot, civil commotion, war, act of god or other irresistible force forthwith at its own expense to rebuild or reinstate or replace the ..... section 66(1) of the indian income-tax act, 1922, has referred the following questions of law to this court:'1. whether, on the facts and in the circumstances of the case, the tribunal was right ..... matter and on the aforesaid findings, the tribunal allowed the appeal of the assessee in part.7. the assessee required the tribunal to state a case to this court under section 66(1) and in its application the assessee had suggested four questions. on the said application of the assessee and on the aforesaid facts the tribunal under .....
Tag this Judgment!Court : Chennai
Decided on : Jul-30-1973
Reported in : (1974)2MLJ179
..... on the same footing. this is yet another reason for not importing wholesale into clause (a) of sub-section (4) of section 65, the provisions contained in sub-section (1) of section 65 of the act.10. as against this, we can also see that the rules referred to already merely proceed on the ..... or restrictions have not been prescribed by the government, the commissioner cannot exercise the power conferred on him under clause (a) of sub section (4) of section 65. this specific provision contained in the enactment is easily understandable. the commissioner is a creature of the statute and he is exercising the ..... commissioner will apply to the deputy commissioner also under section 64 (5) (a) of the act. therefore, we are clearly of the opinion that it was the definite intention of the legislature that the power of the commissioner under section 65 (4) (a) of the act should be a restricted power and should not ..... the legislature must have intended to insert the words 'or such serious personal injury', otherwise the words 'or if any serious personal injury arises from explosion therein' were wholly inoperative. the court, however, declined to imply that these words had been omitted by accident and the court stated, ' we ..... of coal mines act of 1855, which enacted that if loss of life to any person employed in a coal mine occurs by reason of any accident within such coal mine, or if any serious personal injury arises from explosion therein, the owner of such mine shall, within twenty-four .....
Tag this Judgment!Court : Chennai
Decided on : Jun-22-1973
Reported in : (1976)ILLJ15Mad
..... the labour court is in any way not warranted on the facts. it is only in cases where reinstatement of a worker whose services have been terminated would result in explosive industrial relations between the management and the terminated workers that it would be necessary for an industrial court to consider whether the alternative remedy of awarding compensation would be adequate ..... it is seen that there were conciliation proceedings before the labour officer which failed and consequent upon such failure a reference was directed by the state government under the appropriate section of the industrial disputes act. i cannot, therefore, see any error of law or erroneous exercise of jurisdiction in the award challenged.5. the writ petition is dismissed. ..... . this request was elaborately considered by the labour court and found against the management.4. again, it is pointed out that there was no demand raised by the workers against the managements in, the usual manner and, therefore, the reference itself was initially bad. it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-18-1973
Reported in : AIR1973SC2667; 1973CriLJ1801; (1973)2SCC688; [1974]1SCR662; 1973(5)LC814(SC)
..... future. you further exhorted them to organise the movement in a systematic manner, raising volunteers and setting offices at suitable places in punjab. you further directed them to collect arms, explosives etc. for use for the achievement of the object at the proper time. you further instigated them to create hatred amongst hindus and sikhs and cause communal disturbances in punjab ..... are, the constitution makers in their wisdom have provided for it. it is not necessary to give further examples to show that prejudicial activities contemplated under section 3(1) of the maintenance of internal security act are not necessarily activities prohibited or made punishable by a specific provision of law. the cases relied upon to support the contrary proposition should be confined ..... well known, preventive detention is not a punishment for an offence. to accept the argument on behalf of the appellant would make the grounds given in section 3(1) of the maintenance of internal security act meaningless. take for instance action prejudicial to the relations of india with foreign powers. as far as we are aware, there is no law enabling anybody ..... ) of section 3 read with section 3(1)(a) & (ii) of the maintenance of internal security act, 1971. this order was approved by the state government on 27-11-1972. the advisory board's report in respect of the detention was made on 4-1-1973 and the state government confirmed the order of detention on 16-1-1973. the grounds of detention were .....
Tag this Judgment!Court : Delhi
Decided on : Apr-06-1973
Reported in : 10(1974)DLT46
..... no person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a license issued in accordance with the provisions of the act and the rules framed there under. section 4 gives the power to the central government to provide for acquisition possession or carrying of arms other than fire arms in any particular area ..... v deals with arms other than firearms. category vi does not specify any firearms' but refers to amnaunition which is defined as articles containing explosives or fulminating material, fuses and frictioa tubes, and ingredients as defined in section 2(1)(b) vil (10) schedule ilsets out, inter alia,the categories of arms and ammunitions and the licencing authorities. for categories l(a ..... 3 sets out that for the purposes of the act and the rules 'arms' or ammunition' shall be of the categories specified in columns 2 and 3 respectively of ..... been granted. section 44 gives to the ceatral government powers to make rules for carrying oat the purport of the act generally and in particular with respect to the-matters specified in subsection (2).-- (8) in exercise of the powers conferred by the various provisions of the arms act, the central government made the arms rules, 1962. rule 2 gives all the definitions. rule .....
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