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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Year: 2003 Page 2 of about 4,577 results (0.098 seconds)

Apr 16 2003 (SC)

Aslam Parwez Etc. Vs. Govt. of Nct of Delhi

Court : Supreme Court of India

Decided on : Apr-16-2003

Reported in : AIR2003SC3547; 2003CriLJ2525; [2003(3)JCR27(SC)]; JT2003(4)SC92; 2003(4)SCALE44; (2003)9SCC141

..... by aslam parwez against the judgment and order dated 2.2.1998 of addl. designated court (ii) delhi by which the former was convicted under section 25 of the arms act and section 5 of explosive substances act and was sentenced to two years ri and a fine of rs. 1,000/- under the first count and four years ri and a fine of ..... was issued on 20.10.87 i.e. subsequent to the recovery made on 12.9.87 and accordingly a-1, a-2 and a-3 were charged under section 25 of arms act and section 5 of explosive substances act. since the recovery at the pointing out of aslam @ pappu was made subsequent to the issuance of notification, he was charged under ..... rs. 1500/- under the second count and the latter was convicted under section 5 of terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred as 'the tada') and .....

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Apr 02 2003 (HC)

Rambriksha Bhuian Vs. the State of Bihar (Now Jharkhand)

Court : Jharkhand

Decided on : Apr-02-2003

Reported in : 2003(51)BLJR885; [2003(2)JCR450(Jhr)]

..... seizure-list. pw 8, akbarali mian, a formal witness, has proved the sanction order (ext. 9) to prosecute the appellant under section 3/5 of the explosive substances act and under section 25a of the arms act. in this case there is no eyewitness of the alleged occurrence. the appellant, rambriksha bhuian, was admittedly on his duty at his place ..... (ext. 3). on thebasis of the written information (ext. 1), formal fir (ext. 2) was drawn and case under sections 3 and 4 of the explosive substance act under section 25a/26 of the arms act and under section 326 of the ipc was registered. in course of treatment of injured, bijay bhuian, succumbed to his injuries on 8.10.2001. ..... authority relied by the learned counsel for the appellant, the sanction order, ext. 6 proved by a formal witness, to prosecute this appellant under sections 3 and 5 of the explosive substances act, is not a legal order of sanction. in view of my above considered opinion i find that the learned court below has not correctly .....

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Oct 29 2003 (HC)

State. Vs. Mohd. Afzal and ors.

Court : Delhi

Decided on : Oct-29-2003

..... proclaimed offenders. reports from cfsl were collected and made a part of investigation record. he obtained sanction from the concerned authority under section 50 of pota and under section 7 of explosive substances act and section 196 cr.p.c. he recorded statements of witnesses as and when required. he obtained the post-mortem reports of the terrorists ..... ), it, therefore, cannot be said that there was no valid sanction.159. turning to the second sanction accorded by the commissioner of police under section 7 of the explosive substances act, pw-12 has deposed that file was put up to the commissioner of police which contained copy of the fir, list of accused persons and ..... respect of the deposition by him as to what material was placed and considered by the commissioner of police. thus, the sanction accorded under section 7 of the explosive substances act meets the requirement of law.160. we may now note the fourth issue raised by the defense. contention raised was that pota had certain .....

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Jun 30 2003 (TRI)

Deputy Commissioner of Income Tax Vs. B.P. Agarwalla and Sons Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Jun-30-2003

Reported in : (2003)86ITD219(Kol.)

..... record, i find that there is no dispute in regard to the recovery of transportation charges by the assessee from the chemical companies for transportation of explosives. section 32 of the it act, 1961, provides for allowance of deduction on account of depreciation in respect of assets owned and used by the assessee for purposes of business or ..... amongst the members of bench in regard to the rate of depreciation applicable on vans used for transportation of explosives, the president of the tribunal has, accordingly, nominated me as third member under section 255(4) of the it act in regard to the point of difference formulated by the division bench as under : "whether, on the ..... in appeal before the cit(a) who concluded as follows: "3.2 i have examined the above submissions. it is a fact that while acting as consignment agent for transportation of explosives, the appellant was hiring out his vehicle to others. therefore, it is not correct to infer that in such activities, the appellant was .....

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Jan 23 2003 (SC)

Yusuf @ Babu Khan Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Jan-23-2003

Reported in : JT2003(3)SC585; 2003(4)SCALE428

..... to 5 years' rl with fine of rs. 500/- each; in default a simple imprisonment for 3 months was awarded. they were also sentenced under section 5 of the explosive substances act, 1908 and were sentenced to rl for a period of 2 years with fine of rs. 500/-; with default clause to suffer further imprisonment for 3 ..... above were the occupants of that van. they did not have any licence to carry the said explosives, hence, the van with the explosives was seized and the accusedpersons were taken into custody. a case under sections 4 to 6 of the explosive substances act, 1908 was registered in fir no. 195/90. subsequently it came to the knowledge of ..... investigating agency that the place where the explosive material was sized, was a notified area declared under section 2(1)(f) of the tada act, hence, the provisions of the said act were also invoked. after completing the investigation, a chargesheet was filed against the appellant and the tada .....

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Jul 23 2003 (SC)

Hindustan Petroleum Corpn. Ltd. Vs. Pinkcity Midway Petroleums

Court : Supreme Court of India

Decided on : Jul-23-2003

Reported in : AIR2003SC2881; 2003(5)ALD26(SC); 2003(2)ARBLR666(SC); 2003(4)AWC2674(SC); 2003(3)BLJR2433; (2003)4CompLJ311(SC); 2003(3)CTC438; [2003(4)JCR140(SC)]; JT2003(6)SC1; (2003)135

..... marketing discipline and for the proper carrying on of the dealership of the corporation.(b) the dealer shall observe and comply with the provisions of petroleum act, 1934, explosives act, 1884, weights & measures act, 1976, etc., and all rules and regulations made thereunder.(c) the dealer shall faithfully observe and perform all the obligations, duties and requirements under ..... no stay was granted.9. in reply to the plaint filed in the civil judge's court, the appellant filed an application under section 8 read with section 5 of the act in the said suit praying for referring the dispute pending before the civil court to the arbitrator as per clause 40 of the dealership ..... being fully understood and agreed by and between the parties hereto that the vacancy should not be supplied within the meaning of sub-section 1(b) of section 8 of the arbitration act, 1940 (act no. 10 of 1940).(f) the award of the arbitrator so appointed shall be final conclusive and binding on all parties to the .....

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Feb 19 2003 (HC)

Dr. Kondapally Venkateswarulu Vs. Kodela Siva Prasad Rao and ors.

Court : Andhra Pradesh

Decided on : Feb-19-2003

Reported in : 2003(2)ALD495; 2003(3)ALT176; 2003CriLJ3354

..... attorney general and hold that the nexus to connect the 1st respondent with the incident is not established for granting consent as provided under section 7 of the explosive substances act to launchprosecution. the action of the respondents in refusing to grant consent to launch prosecution against the first respondent, in the facts and ..... general twice opined that there is no prima facie case for sanctioning prosecution against the first respondent in respect of an offence falling under section 5 of the explosive substances act, 1908. the fourth respondent denied the allegations made by the petitioner and clarified that in the opinion of the learned attorney general, no ..... or with imprisonment for a term which may extend to five years, to which fine may be added.'19. section 6 of the explosive substances act, 1908 provides punishment for abettors, which reads as under:'section 6. punishment of abettors :--any person who by the supply of or solicitation for money, the providing of premises, .....

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Dec 16 2003 (SC)

James MartIn Vs. State of Kerala

Court : Supreme Court of India

Decided on : Dec-16-2003

Reported in : 2004(1)ALD(Cri)99; 2004(1)CTC390; JT2003(10)SC371; 2004(1)KLT513(SC); 2004(2)MhLj358; 2004MPLJ231(SC); 2003(10)SCALE74; (2004)2SCC203

..... james martin faced trial along with his father-xavier for alleged commission of offences punishable under sections 302, 307,324 read with section 34 and section 326 read with section 114 ipc and sections 25(b)(1) of the arms act, 1959 (in short 'the act') and sections 27 and 30 thereof. learned sessions judge, n. paravur, found the present appellant ( ..... was the threat of more violence to the person and properties, that the events taking place generated a sort of frenzy and excitement rendering the situation explosive and beyond compromise. despite all these to expect the accused to remain calm or to observe greater restraint in the teeth of the further facts found ..... property of the accused was not only imminent but did not cease, and it continued unabated. not only there were acts of vandalism, but also destruction of property. the high court noticed that explosive substances were used to destroy the properties of the accused, but did not specifically answer the question as to whether .....

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Oct 09 2003 (HC)

Sulochana and ors. Vs. Karnataka State Road Transport Corporation

Court : Karnataka

Decided on : Oct-09-2003

Reported in : II(2004)ACC534; 2005ACJ849; ILR2003KAR4911

..... passengers travelling in the same. a claim petition for payment of compensation was originally filed by the widow, minor, children and the parents of the deceased under section 166 of the motor vehicles act before the tribunal at bangalore. the said petition was subsequently amended so as to make a claim for compensation on no fault basis in terms of ..... as a result of the over turning of the tanker, the petrol contained in it started leaking and got collected nearby. few hours after the initial accident, an explosion took place in the petrol tanker resulting in a fire causing burn injuries to a number of persons who had gathered there to collect petrol that was leaking from the ..... to the conclusion that even when the tanker in question had turned turtle and could not be moved unless it was once again put back on wheels yet the explosion resulting in injuries to the people who had gathered to collect petrol was an accident arising out of the use of the vehicle. the following passages from the .....

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Dec 01 2003 (HC)

Indian Ammonium Nitrate Manufacturers Association and anr. Vs. Union o ...

Court : Andhra Pradesh

Decided on : Dec-01-2003

Reported in : 2004(1)ALD164; 2004(1)ALT306

..... tariff act. thus the imports of ammonium nitrate of explosive grade in bulk under the guise of fertilizer grade ammonium nitrate and its onward sales to the explosive industry is in clear breach of the restriction imposed by chapter vi of the said order and in particular section 19(a), (c)(iii), (vi) and section 25 ..... of respondent no. 5 also states that the chief controller of explosives, department of explosives, nagpur, by his letter dated 26.2.2003 clarified that the item ammonium nitrate is itself not an explosive and does not come under the purview of the explosive act and the rules administered by the department. the government of india ..... issued fertilizer control order, 1985 under essential commodities act, which contains specification of fertilizers sold in the country, method of .....

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