Court : Rajasthan
Decided on : Jan-09-2003
Reported in : 2003CriLJ1995; RLW2003(2)Raj752; 2003(2)WLC461; 2003(1)WLN467
..... the documents supplied to the court by the learned counsel for the accused and also gone through the fir. it appears that there was no fire extinguisher and where explosive substances were collected and stored. the room in which distillation unit was installed was blocked by the unit in a manner in which only half of it can be ..... counsel that in absence of knowledge of leakage of gas and about the fact that, that would cause death or there was an intention to cause death, no charge under section 304 can be framed against the accused petitioners. learned counsel for the petitioner detailed procedure about operating of distlllator. as per learned counsel, it was expected from the deceased ..... ' extend also to illegal omissions. the word 'omission' is used in the sense of intentional non-doing. thus, according to this section 'act' includes intentional doing as well as intentional non-doing. the omission or neglect must no doubt be such as to have inactive effect conducing to the result, as a .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-24-2003
Reported in : 2003(3)ALLMR25; 2003(5)BomCR58; 2004(1)MhLj856
..... affect the freedom of speech and expression of the petitioner under article 19(1)(a) of the constitution. they go beyond the parameters prescribed under sub-section (1) of section 5b of the cinematograph act, 1952. accordingly, we allow this petition and set aside the impugned order passed by the fcat and direct the respondents to issue 'u' certificate ..... directed that the slogans be deleted. the second deletion is from a speech of a dalit leader bhai sangare. this shri sangare is seen giving a speech after explosion of the atomic device by india. the speech records anguish of the speaker on the device being exploded on the day of buddha jayanti. the speaker says that ..... bomb or the comment on the hindu gods will disrupt public order. in his submission, this is not something which is permissible even under sub-section (1) of section 5-b of the act which lays down the principles for guidance in certifying the films.13. as far as the addition is concerned, mr. sebastian submitted that this was .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-2003
Reported in : I(2004)DMC695; 2004(2)MhLj767
..... so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'son before' is very relevant where section 113-b of the evidence act and section 304-b indian penal code are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in ..... room and the deceased had kept water for boiling on the stove. after pumping the stove, she lighted a match stick near the burner when there was a sudden explosion and her clothes caught fire. she shouted for help and hearing her screams, her husband i.e. the petitioner came out of the bath-room and threw water ..... the marriage but not having a connection with the marriage of the parties will not constitute demand for 'dowry'. this is clear from the qualifying clause of section 2 in act 28 of 1961 reproduced above. cruelty and harassment by a husband or a relative of the husband which brings about unnatural death of the wife within 7 years .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-30-2003
Reported in : III(2006)ACC320
..... credibility of the evidence is concerned, it is mainly a matter for the commissioner and not for the high court sitting in appeal. proviso to sub-section (1) of section 30 of the act provides that 'no appeal shall lie against the order of commissioner unless a substantial question of law is involved in the appeal', therefore, all that ..... sustained by him in the course of employment he expired on 19.6.1997. when he was changing the cylinder of fire extinguisher an accident occurred because of explosion. she has also stated that her husband was employed by the bank as electrician to maintain the regular supply of electricity in the branch.9. as against this ..... rs. 1,29,987 along' with an amount of rs. 500 towards the costs with the commissioner on 10.5.2002. the certificate as required under section 30 of the act has also been filed along with the appeal.7. mr. maindiratta, learned counsel for appellant vehemently submitted that the commissioner failed to correctly appreciate the oral and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-13-2003
Reported in : 2003(156)ELT625(SC); JT2003(7)SC196; 2003(3)KLT655(SC); 2003(6)SCALE393; (2003)7SCC270; (2003)3UPLBEC2652
..... in respect of the following categories of goods, namely:-a) gold/silver bullion and goods which are notified or specified under the customs act, 1962;b) arms and ammunition, explosives;c) opium and other narcotic drugs;d) goods not declared which are seized in the customs area or customs waters; ande) freely ..... by the appropriate authorities (such as tribunal, fera board, etc.) resulting in the upholding of confiscation, demand, fine penalties, etc. imposed under the respective acts.7. to whom reward may be paid7.1 ordinarily, informers and government servants (upto the level of group 'a' superintendents/assistant collectors of customs and central ..... the appellant-government not only authorized the state police authorities to effect seizure and investigation of cases under the central excise & salt act, customs act, gold control order and foreign exchange regulation act, to present smuggling of gold and other articles through the coastal areas of kerala, as well as in other parts of the .....
Tag this Judgment!Court : Kerala
Decided on : May-21-2003
Reported in : (2003)184CTR(Ker)241; [2003]264ITR439(Ker)
..... alternative remedy, i think this court will be doing a great disservice to public interest. the efficacy of this court has been considerably compromised owing to docket explosion. the court's precious time should be preserved for those matters which this court alone is competent to deal with. even though the right to approach the ..... that the impugned orders have been passed ingross violation of the principles of natural justice. it is also contended that inview of the amendment introduced to section 251(1)(a) by the finance act, 2001,w.e.f. 1st june, 2001, the cit(a) does not have any power to remand the caseto the ao. therefore, it ..... requests, the reasons so recorded were not communicated to the petitioner, it is submitted. therefore, it was disabled in submitting effective objections to the notices issued under section 148. it is also the petitioner's case that the assessment orders were passed relying on certain materials unearthed by the central excise authorities. but, those materials .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-22-2003
Reported in : (2003)182CTR(Guj)362; [2003]261ITR338(Guj)
..... for the assessee in both the references stated that the assessee did not press for question no. 2 in both the references, which relates to relief under section 80j of the act. question no. 2 in both the references, therefore, stands disposed of accordingly as unanswered on the ground that the assessee has not pressed for the same. ..... a direct result of- (i) flood, typhoon, hurricane, cyclone, earthquake or other convulsion of nature ; or (ii) riot or civil disturbance ; or (iii) accidental fire or explosion ; or (iv) action by an enemy or action taken in combating an enemy (whether with or without a declaration of war), and, thereafter, at anytime before the expiry of three ..... to the assets other than the destroyed assets.19. it was contended that once we hold that the tribunal was not justified in denying the benefit of section 33b of the act in respect of the assets which were extensively damaged, we must, as a corollary, restore the order of the commissioner of income-tax (appeals) in its .....
Tag this Judgment!Court : Chennai
Decided on : Apr-10-2003
Reported in : 2003(2)CTC710
..... is not illegal merely because it proceeds on the uncorroborated testimony of the accomplice. 14.3. a harmonious reading of both illustration (b) to section 114 and section 133 of the act enunciates that though it is not illegal to convict upon the evidence of an accomplice supported by the confession of the co-accused, independent evidence ..... on the decision inghulam nabi war v. state of nct of delhi reported in 2000 scc (cri) 1135. in ghulam nabi war case, the prosecution recovered explosive substance from the bag of the first accused therein and the same was not used against the second accused therein, who was a tenant in possession of the ..... pw2 are approvers. in order to appreciate the evidence of pw1 and pw2, a reference to illustration (b) to section 114 and section 133 of the indian evidence act, (hereinafter referred to as the 'act') would be relevant. section 114: court may presume existence of certain facts.- the court may presume the existence of any fact which it thinks .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Dec-18-2003
Reported in : (2004)88ITD247Cal
..... basis of the rent payable to him. on the failure to recover any sum due on account of consolidated rate from the person primarily liable thereof under section 193, section 195 of the cmc act speaks of recovery from every occupier, by way of attachment of the rent payable by such occupier, a portion of the total sum due which bears ..... or as an agent to collect the surcharge from the occupier. in this connection the following observation of hon'ble madras high court in the case of cit v. southern explosives co. [2000] 242 itr 107 is useful to be referred- , in the instant case, the amounts collected by the assessee were amounts which were meant to be ..... occupation of the tenanted premises for commercial purposes is to be treated as actual rent received for the purpose of determining annual value within the meaning of section 23 of the it. act (as it then stood), and the taxes including surcharge levied by municipal corporation and actually paid by the assessee during the relevant year is to be .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-18-2003
Reported in : 2003(6)ALD686
..... the town or village which had been growing in size because of its commercial, industrial, educational, religious or any other kind of importance or because of its explosive population;(ii) the suitability of the acquired land for putting up the buildings, be they residential, commercial or industrial, as the case may be;(iii) possibility ..... an extent of ac. 105-92 cents was acquired by the vizagapatnam harbour authority in february, 1928 for execution of anti-malarial works. while referring to section 23 of the act, the privy council observed:'the compensation must be determined therefore, by reference to the price which a willing vendor might reasonably expect to obtain from a ..... , air 1967 sc 465, the supreme court reiterated to principle in the following words:'market value on the basis of which compensation is payable under section 23 of the act means the price that a willing purchaser would pay to a willing seller for a property having due regard to its existing condition, with all its .....
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