Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Year: 2003 Page 15 of about 4,577 results (0.120 seconds)

Ratan Malla Vs. Smt. Sefali Malla

Court : Guwahati

..... law prescribes a period of limitation for any suit, appeal or application, different from the period prescribed by the schedule under the limitation act, the provisions of section 3 of the limitation act shall apply wherein it is provided that any suit, appeal and application filed after the prescribed period shall be dismissed subject to the provisions ..... the court given in the exercise of its original civil jurisdiction.(2) orders made by the court in any proceeding under this act, under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders and every such appeal shall he to the court to which appeals ..... and divorce.6. as regards the submission of delay in applying for the certified copy of the impugned judgment made on behalf of the respondent, section 12(2) of the limitation act in its clear language provides that the time requisite for obtaining a certified copy of the decree, sentence or order to be assailed, shall .....

United India Insurance Company Ltd. Vs. Lehru and ors.

Court : Supreme Court of India

Reported in : I(2003)ACC611; 2003ACJ611; AIR2003SC1292; 2003(3)ALLMR(SC)708; 2003(4)ALT38(SC); 2003(2)AWC1601(SC); (2003)2GLR1771; [2003(2)JCR165(SC)]; JT2003(2)SC595; 2003(2)KLT97(SC);

..... the vehicle when the accident took place, the insurer shall be deemed to be a judgment debtor in respect of the liability in view of sub-section (1) of section 96 of the act. it need not be pointed out that the whole concept of getting the vehicle insured by an insurance company is to provide an easy mode of ..... itbar singh and ors. : [1960]1scr168 , the question was whether an insurance company can take up defences other than those enumerated in section 96(2) of the motor vehicles act, 1939. the provisions of section 96 including section 96(6) were considered. it was held that the insurance company got a right to defend or file an appeal only by virtue of ..... only be exercised subject to the restriction laid down by the statute. it was held that an insurance company could only defend on grounds enumerated in section 96(2) of the motor vehicles act, 1939 and on to other ground. in answer to a submission that not permitting insurance companies to take up all available defences would be unfair, .....

Mr. Akshay Kapur and ors. Vs. Mr. Rishav Kapur and ors.

Court : Delhi

Reported in : 2003(2)ARBLR508(Delhi); 105(2003)DLT467; 2003(69)DRJ332; 2003(3)RAJ189

..... fact that messrs ernst & young are not parties to the arbitration clause and that all the defendants have not joined in the prayer under section 7 read with section 5 of the act inasmuch as 50.2% of the shares of atlas industries is with the public. it is impermissible to equate the joint managing committee, ..... manager, northern railway and another vs . sarvesh chopra, : [2002]2scr156 :-' to sum up, our conclusions are: (i) while deciding a petition under section 20 of the arbitration act, 1940, the court is obliged to examine whether a difference which is sought to be referred to arbitration is one to which the arbitration agreement applies. if ..... had occasion to compare these very provisions in smt. kalpana kothari vs . smt. sudha yadav and others, : air2002sc404 , and observed thus:- '8. section 34 of the 1940 act provided for filing an application to stay legal proceedings instituted by any party to an arbitration agreement against any other party to such agreement, in derogation of the .....

A.S. Periasamy Vs. State of Tamil Nadu Rep. by Its Secretary, Social W ...

Court : Chennai

Reported in : 2004(2)CTC406; (2004)1MLJ194

..... . the contention of the learned counsel for the petitioner at this stage is that the publication in the district gazette is not contemplated under section 4(1) of the act. section 4(1) of the central act is to the following effect: (a) for the expression 'whenever it appears to the appropriate government', the expression 'subject to the provisions ..... in view the decisions of this court as well as the supreme court, i think it fit and proper to quash the declaration under section 6 and the notification under section 4(1) of the act and accordingly the same are quashed. it is, however, made clear that if there is a requirement for acquisition of the land, it ..... petitioner is therefore accepted. 12. learned counsel for the petitioner has also raised serious contention regarding the manner of notice relating to section 4(1) as well as section 5-a of the land acquisition act. it is his contention that apart from publishing the 4(1) notification in the gazette, in the newspaper and in the locality .....

Prof. M. Gurunath Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2003(4)KarLJ203

..... the rights of the students to take the services of the teachers to give specialised coaching or training to them. the restriction imposed under section 4 of the act only prevents the employees of a recognised educational institution from giving private tuition outside the premises of the recognised educational institutions. the students who ..... the students in the educational institutions. therefore, if the state which has the responsibility of regulating the education in the state, has by incorporating section 4 of the act, mandates recognised educational institutions not to allow tuition by its employees and also prohibits such employees from giving tuition, in my view such a ..... 8. in the light of the rival contentions advanced, the only question that would emerge for my consideration is as to whether sub-section (28) of sections 2 and 4 of the act are liable to be declared as unconstitutional on the grounds urged by the learned counsel appearing for the petitioners?9. it would be useful .....

Mullapudi Satyam and ors. Vs. Sub-collector and ors.

Court : Andhra Pradesh

Reported in : 2003(5)ALD679

..... 2001, dated 7-10-2002 in support of the said contention.23. the petitioners herein filed w.p. no. 3486 of 2000 challenging sub-section (6) of section 8 of the act as amended by act no. 16 of 1987 as arbitrary and unconstitutional being violative of articles 14 and 19 of the constitution. as a consequential direction they also sought ..... liberty to the petitioners to seek legal remedies by way of private law remedy seeking declaration and damages. by reason of the second part of sub-section (4) of section 7a of the act, the determination by the special tribunal as to title and ownership is binding on all the persons having interest in such land. the petitioners claim interest ..... p. no. 3486 of 2000, the petitioners were only given liberty to seek appropriate declaration from the civil court which means that the provisions of sub-section (4) of section 7-a of the act were not even brought to the notice of this court. in any event, by reason of the observations made by the division bench in w.p .....

P. Ravinder Vs. National Stock Exchange of India Ltd.

Court : Andhra Pradesh

Reported in : [2004]121CompCas275(AP); (2004)4CompLJ201(AP); [2004]49SCL43(AP)

..... central government vis-a-vis the stock exchanges.25. for the purpose of the present case, it is necessary to examine the scope of sections 13 - 15 of the act. section 13 reads as follows:'13. contracts in notified areas illegal in certain circumstances.--if the central government is satisfied, having regard to the nature ..... individuals, whether incorporated or not, constituted for the purpose of assisting, regulating or controlling the business of buying, selling or dealing in securities.'under section 19 of the act, it is declared that no person shall organize or assist in organizing, entering into or performing any contract in securities except as a member of ..... light of these judgments, it is contended that respondent no. 1 being a recognized stock exchange is entitled to frame bye-laws under section 9 of securities contracts (regulation) act, 1956 and section 9(2)(k) empowers making of bye-laws as to the regulation of the entering into, making, performance, recession and termination of .....

J.K. Impex and anr. and Mangali Impex Ltd. and anr. Vs. Union of India ...

Court : Delhi

Reported in : 105(2003)DLT605; 2003(71)DRJ709; 2003(89)ECC412; 2004(167)ELT270(Del)

..... make orders and announce export and import policy. exim policy 1997-2002 has been announced by the central government in exercise of powers contained in section 3 of the act. section 7 of the act stipulates that no person shall make any import of export under ie code no. granted by the dgft or the officer authorised by the ..... director general or the licensing authority has to do so for good and sufficient reasons to be recorded in writing. (f) not only this, sub-section (5) of section 9 of the act provides for remedy of appeal against an order refusing to grant, or renew or suspending or cancelling a license. 14. coming to the nature of advice ..... provides that no export or import shall be made by any person without an importer-exporter code unless specifically exempted.12. in exercise of powers conferred by section 19 of the act, the central government has framed foreign trade (regulations) rules 1993 (for short `the rules'). these rules state in detail the procedure for grant of license .....

Nasik Hing Supplying Company Vs. Annapurna Gruh Udyog Bhandar

Court : Gujarat

Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)

..... the division bench of this court in the trade and merchandise marks rules, 1959 cannot take away the right of appeal conferred by sub-section (5) of section 109 of the t.m. act. as per the settled legal position, the delegated legislation such as rules under a statute contain procedural or machinery provisions, and therefore, the ..... practitioner before a labour court or tribunal except with the consent of the other parties and with the leave of the labour court or tribunal. section 30 of the advocates act, 1961 provides that every advocate shall be entitled as of right to practise in all courts and before any tribunal. there is, therefore, an ..... the high court. for instance, an order passed by a single judge or a larger bench under section 39 of the arbitration act, 1940 or section 202 of the companies act and other similar local or special acts. if these special acts could, without affecting the jurisdiction of the letters patent or overriding the same, provide a supplementary or additional .....

M.D., Army Welfare Housing Organisation Vs. Sumangal Services Pvt. Ltd ...

Court : Supreme Court of India

Reported in : AIR2004SC1344; 2003(3)ARBLR361(SC); JT2003(Suppl2)SC300; 2003(8)SCALE424; (2004)9SCC619; [2003]48SCL344(SC)

..... in kuju collieries ltd. v. jharknand mines ltd. and ors. : [1975]1scr703 this court held that in relation to a contract which is hit by section 23 of the contract act section 75 and section 70 of the contract act shall not apply. only in a case where a contract has become void due to subsequent happenings, the advantage gained by a person should be ..... one of three possible reasons would have imputed negligence to the shipowners. it was held by the house of lords that, since the charterers were unable to prove that the explosion was caused by the fault of the owners, the defence of frustration succeeded and the contract was discharged. it should perhaps be rioted that in many cases a self- ..... never explained. the rule is open to the objection that the charterer is much less likely than the owner to be able to show how the explosion occurred. this reasoning does, indeed, prevail in one group of cases: a person to whom goods have been bailed, and who seeks to rely on their destruction as a .....