Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Year: 2003 Page 29 of about 4,577 results (0.118 seconds)

Sreenath Travel Agency and anr. Vs. Lt. Governor of Delhi and ors.

Court : Delhi

Reported in : 2003VIAD(Delhi)457; AIR2004Delhi1; 106(2003)DLT623; 2003(71)DRJ363

..... maharashtra's case (supra) relied upon by the learned counsel for the respondents. in that decision, as indicated in paragraph 4 thereof, sub-section (1) of section 207 of the act came up for interpretation, though on a different aspect. on behalf of the state of maharashtra, it was contended that violation of any condition ..... requires for its support an additional substitution of words or which results in rejection of words as meaningless has to be avoided.' 16. clearly, section 207 of the said act must be construed in such a manner which does not result in the rejection of words as meaningless. if the interpretation advanced by the learned ..... ors to show that, in identical circumstances, the punjab and haryana high court had restrained the competent authorities from detaining, seizing or impounding vehicles under section 207(1) of the act till rules were published and enforced.6. ms avnish ahlawat, the learned counsel for the respondents, while admitting that no rules as such have been .....

Alexander George Vs. Commissioner of Income Tax

Court : Kerala

Reported in : (2003)182CTR(Ker)277

..... in the assessee's appeal, the cit(a) held that the capital gains arising on the transfer of the land constituted income within the meaning of section 2(14) of the act and so it was rightly brought to tax. another contention that the assessee had raised before the cit(a) was that the capital gains, if at ..... to be considered is whether the tribunal was right in holding that the transfer took place in the year 1986. section 2(47) defines 'capital asset' includes compulsory acquisition under any law. section 2(14) of the above act defines 'capital asset', regarding agricultural land, the definition says that it does not include agricultural land in india not ..... and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse.'8. section 16 of the land acquisition act says that when the collector has made an award under section 11, he may take possession of the land, which shall thereupon vest absolutely in the government, free from all encumbrances. .....

Nemi Chand Kothari Vs. Commissioner of Income-tax and anr.

Court : Guwahati

..... namely, nemichand nahata and sons (huf) and pawan kumar agarwalla. the appellant had also shown, in accordance with the burden, which rested on him under section 106 of the evidence act, that the said amounts had been received by him by way of cheques from the creditors aforementioned. in fact, the fact that the assessee had received the ..... under law, in the absence of specific proof of that knowledge, it cannot be assumed that the assessee has the knowledge in question within the meaning of section 106 of the evidence act. . ... to require the firm or the individual partners to go further and adduce proof of the sources from which the deposits in question appearing in the ..... s) had taken place between his creditor and the sub-creditor. no such additional burden can be placed on an assessee, which is not envisaged by section 106 of the evidence act. the revenue/assessing officer, however, remains free to show that the amount, which has come to the hands of the assessee by way of loan from .....

Bangalore University Vs. K.S. Gurumurthy and ors.

Court : Karnataka

Reported in : 2004(2)KarLJ1

..... would not wipe-out the mode of recruitment under section 49(9) of the act in respect of appointment in the college and it is also well-settled that there is difference between 'department', 'department of studies', 'post- ..... in the undergraduate college in the university is by promotion on the basis of seniority-cum-merit from readers and lecturers respectively as provided by section 49(9) of the act. it is also settled that mere introduction of post-graduate courses and other departments of the university in the university college of engineering, ..... for the post of reader in the department of the university or for the undergraduate college, it is relevant to extract the various definitions under section 2 of the act, which read as follows:(2) 'college' means an institution maintained by the university as such and includes an institution admitted to the privileges of .....

Universal Construction and Trading Company Vs. Garhwal Mandal Vikas Ni ...

Court : Allahabad

Reported in : AIR2004All115; 2004(1)ARBLR521(All)

..... thirty days from receipt of a request by one party from the other party, the appointment shall be made by the chief justice. sub-section (6) of section 11 of the act applies in three contingencies in a case wherein an appointment procedure is already agreed upon by the parties. these three contingencies are as follows :--( ..... them being essentially to aid the constitution of an arbitral tribunal immediately, just by appointing an arbitrator without wasting any time.34. therefore, the application under section 11(6) of the act is allowed. i appoint justice kamleshwar nath (retired) as an arbitrator. he will get rs. 3,000/- (rs. three thousand only) per day ..... advocate for the applicant and shri umesh chandra for the opposite parties at length on the contentions raised before passing an order appointing an arbitrator under section 11 of the act.13. so far as the first and second contentions raised by the learned counsel for the opposite parties are concerned, after seeing the counter affidavit, .....

Dilip Kumar Goushalawale and ors. Vs. State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Reported in : 2003(3)MPHT217; 2003(1)MPLJ504

..... would stand defeated by doctrine of delay and laches. a stand is taken that the petitioner was assured that there would be withdrawal of acquisition under section 48 of the act and, therefore, they could have challenged the award on the grounds which are being putforth at present. as it appears they had submitted a ..... passed exparte, it cannot be placed reliance upon. it is urged by him that the award has not been passed within two years as stipulated under section 11a of the act and, therefore, the entire land acquisition proceedings lapsed and no benefit could have accrued in favour of the beneficiary, namely, the m.p. housing board ..... them. as the representation was not dealt with in quite promptitude the petitioners filed w.p. no. 3046/1998 to decide their representation preferred under section 48 of the act. this court by order dated 10-10-1998 directed the state government to consider the representation of the petitioners. eventually the representation was rejected making a .....

Sarala Moharana and anr. Vs. State of Orissa

Court : Orissa

Reported in : 2003(II)OLR632

..... to undergo r.i. for three moths and to pay a fine of rs. 2,000/-, in default to undergo r.i. for 15 days for. the offence under section 4 d.p. act, is impugned in this appeal.2. bereft of all unnecessary details, the short facts necessaiy for appreciating the case, are stated herein below :an f.i.r. (ext ..... humiliated by the said fact, his sister committed suicide. the belated attempt made by the prosecution to rope in the appellants for commission of offence under section 498-a i.p.c. and section 4 d.p. act appears to be an after-thought, and with an avowed oblique motive to wriggle out of repayment of the amount borrowed.12. to bring home ..... acquitted appellant no. 2 of the said charge.7. the appellants, in this appeal, have challenged the portion of the order convicting them under section 498-a i.p.c. and section 4 of the d.p. act. it is pertinent to mention here that no appeal has been preferred by the state challenging the order of the court below acquitting the appellants .....

Om Parkash Vs. Ami Lal and anr.

Court : Punjab and Haryana

Reported in : (2003)135PLR57

..... .' 7. it is argued that the penalty under section 22 of the act can be imposed only if any violation is committed as envisaged under section 6, sub-section (2) of section 8, sub-section (1) of section 10. section 11 or section 21.8. the perusal of these sections would show that under section 6, the landlord is not entitled to claim anything ..... can be said to be made out against the petitioner.6. learned counsel for the petitioner has argued that the purpose and intention of section 22 and section 6 of the act is entirely different. the perusal of these provisions would show that such situation does not fall within the mischief of these provisions and that ..... the petitioner has filed the present petition making the aforesaid order as subject matter of challenge. it has been pleaded that the provision as envisaged under section 22 of the act would not be attracted to the facts of this case. thus, the rent controller has fallen into error in granting sanction for prosecution of the landlord .....

State of Andhra Pradesh and ors. Vs. Goverdhanlal Pitti

Court : Supreme Court of India

Reported in : AIR2003SC1941; 2003(3)AWC2417(SC); JT2003(5)SC74; 2003(2)KLT106(SC); (2003)2MLJ137(SC); RLW2003(2)SC305; 2003(3)SCALE107; (2003)4SCC739; [2003]2SCR908; (2003)2UPLBEC1667

..... the actis not fair and it is only to scuttle a valid decree passed bythe civil court which amounts to 'malice in law'. thepower under section 4(1) of the act cannot be exercised tothwart a valid decree passed by the civil court'.by the impugned order, the division bench also in writ appealcame to the same ..... appropriate authority having failed in their attemptearlier twice, the orders having been quashed by the highcourt, had taken the third attempt of issuing notificationunder section 4(1) and 17(4) of the act, such acquisitioncannot be held to be mala fide and, therefore, theconclusion of the division bench in the impugned judgmentthat the acquisition is mala fide ..... no. 6487 of 1988and in breach of undertaking given by the state to vacate, the statehurriedly issued on 26.4.1989 notifications under section 4(1) andsection 6 of the land acquisition act for acquisition of the buildingand premises of the school. later in the proceedings of acquisition,an award was passed on 08.5.1992 granting .....

National Insurance Co. Ltd. Vs. Malathi C. Salian

Court : Kerala

Reported in : 2003ACJ2033; 2003(3)KLT460

..... the provisions of law and decisions referred to herein above we are of the view that the claim petition was maintainable on behalf of the claimant under section 163a of the act and on fulfilment of the requirements as envisaged thereunder, she was entitled for payment of compensation. decisions relied upon by the tribunal below while rejecting ..... place and as soon as it is an occurrence where the motor vehicle is involved, it is covered under section 163a and/or section 166 or under section 140. accident referred in sections 140 and 163a of the act, is the occurrence wherein a motor vehicle is involved and the consequence of that occurrence is either fatal or disablement ..... show that chap.x and the provisions contained therein is substantive law and has created new rights and liabilities in favour of the claimants. under section 140 of the act claim for compensation can be made where death or permanent disablement of any person has resulted from an accident arising out of the use of the .....