Court : Rajasthan
Decided on : Jan-21-2003
Reported in : RLW2003(1)Raj648; [2004]137STC326(Raj); 2003(2)WLC398; 2003(1)WLN462
..... , therefore, there is no effective sale of any explosive by the appellant so as to make it leviable for charging the sales tax under the provisions of the act and, therefore, the order as has been passed by the assessing officer was bad from very inspection. section 2(38) of the rajasthan sales tax act defines as to what is the sale and the ..... job of blasting is undertaken, the use of explosives in such job can neither be termed as sale within the meaning of rajasthan sales tax act nor it could be subjected to the levy of the tax. learned counsel sh. bhandari has argued before us rather he was pains to argue on the basis of section 2(38) clause (ii) that it remains ..... a case of sale because it involved a transfer of property in goods and he submits that the explosives had been purchased .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-2003
Reported in : 2003BomCR(Cri)1033; 2003CriLJ4238
..... 427 read with 34 of the indian penal code and under section 25(1)(a) and 27 of the indian arms act read with section 34 of the indian penal code. they were also chargesheeted for offence punishable under section-4 and 5 of the explosive substance act read with section 34 of the indian penal code. the trial court however, ..... has convicted the appellant-accused no. 1 only for the offence punishable under section 307 read with 34 of the indian penal code and sentenced to ..... of those who in one way or the other facilitate the execution of the common design is itself tantamount to actual participation in the criminal act. the essence of section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a particular result. such consensus can be developed .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-22-2003
Reported in : 2003(4)MPHT380
..... of facts are necessary for the disposal of this revision petition. suffice it to say, that the charge-sheet under section 3/5 of the explosive substances act, was filed in the committal court wherein an application under section 319 of the code was moved by the prosecution on 3-2-97 to array the applicant subhash chandra jain as ..... order. hence, this revision.3. in this revision petition, shri harpreet ruprah, learned counsel for the applicant has vehemently argued and submitted that the case under section 3/5 of the explosive substances act is triable by the court of sessions and hence the committal court was not enjoying any jurisdiction to allow the application filed under ..... section 319 of the code. to bolster his contention he has placed heavy reliance on the decision of the apex court in the case of raj kishore v. .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-17-2003
Reported in : 2003(51)BLJR578; [2003(2)JCR348(Jhr)]
..... examination of a witness in connection with sessions trial no. 70/2000 arising out of g.r no. 624 of 1998 registered under sections 324, 302/34 of the indian penal code and 3/4 of the explosives substance act. 2. short fact of the case as alleged that one vishwanath singh while returning from the call of nature the accused devendra singh ..... . vishwanath singh sustained injury due to explosion of the bomb. in the meantime, accused persons fled away. later on the injured died due to said injuries. 3. the police investigated into the case and submitted charge-sheet against the accused persons. prosecution examined the witnesses and after closing of the prosecution case, a petition under section 311, cr pc was filed for .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-20-2003
Reported in : 2003(159)ELT53(MP)
..... .6. manufacturing process of the petitioner unit is governed by a licence issued under the indian explosives act, 1884 read with the explosives rules, 1983.7. it is further averred that petitioner-company is not empowered under the licence to manufacture explosive at the support plant site since such plants are located in habitable areas. the vehicles brings ..... he has submitted that there should be uniform procedure of such taxing events as may be laid down by central board of excise and customs under section 37b of the central excise act, 1944. he has relied upon a circular issued by the govt. of india, ministry of finance (department of revenue), central board of excise ..... and directions of the said board.13. i find that prayer made by the petitioner to approach the central board of excise and customs, new delhi, under section 37b has not been seriously opposed.14. without expressing any opinion on the merits of the case and the rival submissions advanced, petitioners may if so advised, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-09-2003
Reported in : AIR2003SC4076; 2003(1)ALD(Cri)1016; 2003(2)ALT(Cri)25; 2003CriLJ2302; 2003(2)JKJ271[SC]; 2003(3)SCALE698; (2003)5SCC499; [2003]3SCR470
..... under tada and thereafter submitted charge-sheets against the three accused.3. the designated judge, meerut, took cognizance of the offences and framed charges under section 25 of the arms act, section 5 of the explosive substances act and section 5 of tada against the three accused. the prosecution in support of its case examined 12 witnesses and filed some documentary evidence. the articles recovered were ..... -3 were taken on police remand from the court in crime case no. 30 of 1993 under section 302/207 ipc and sections 3 and 4 of tada and section 5 and 6 of explosive substances act. the accused made disclosure statement that they will get bombs and explosive materials recovered. accordingly, he along with some other police personnel and the accused proceeded for lisari gate .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-06-2003
Reported in : AIR2003SC1191; JT2003(1)SC594; 2003(2)MPHT377; 2003MPLJ37(SC); 2003(1)SCALE689; (2003)3SCC1; [2003]1SCR906; 2003(2)LC828(SC)
..... chapters v-a, vi and vii and section 216-a, 224 and 225 (if it is a case of an escape from a jail), 231, 232, ..... rule prohibits release of specified classes of offenders in relation to the offences for which they are convicted and thus defeats the very object of the act.23. section 9(4) which enables framing rules to classify the offenders impliedly permits their classification not merely on the basis of their antecedents and their conduct in ..... prisoners shall not be released under act:- (a) those convicted of offences under the madhya barat vagrants, habitual offenders and criminals (restrictions and settlement) act, 1952, or any law in force in any region of the state corresponding to the said act, or the explosive substances act, 1908 or under the following chapters or sections of the indian penal code, .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-30-2003
Reported in : (2003)2GLR1835
..... at shahpur police station, ahmedabad city on 25-11-1995 for the offences punishable under sections 467, 468, 469, 471 and 201 of i.p.c. and under sections 25(1a), (1-aa), 1b, 3 and 29 of the arms act and section 9 of the explosive act.2. undisputedly, the applicant is in judicial custody since 7-12-1995 in connection ..... with the aforesaid offences. he has been charge-sheeted along with other co-accused on 26-11-1996. initially, the case of the present applicant and the co-accused was committed under section 209 of cr ..... may be imposed by the court while releasing him on bail.5. the applicant was immediately arrested and was charge-sheeted for the offence punishable under section 25(1-aa) of the act which is exclusively triable by the court of sessions. but after hearing, the learned sessions judge while dealing with the discharge application preferred by the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-27-2003
Reported in : 2004(1)ALD91; 2004(1)ALT430; 2004(1)ARBLR436(AP)
..... dealership of the appellant. clause 20 of the said agreement also requires the dealer to observe and comply with the provisions of the petroleum act, explosives act and the weights and measurements act, 1976 and the rules and regulations made thereunder.18. the apex court on analyzing clause 30 of the dealership agreement observed that the ..... ., : [1963]3scr209 , and jaikishan v. l. kanoria & co., : air1974sc1579 .10. the learned counsel for the respondents further submits that inasmuch as section 3 of the benami transactions (prohibition) act, 1988, prohibits purchase of property benami, the alleged purchase of property by the applicant under the alleged agreement dated 6-2-1990, in the names of the ..... to them. on the complaint being referred to banjara hills police station, the police registered the same as fir no. 556/2001, dated 21-10-2001 under sections 379, 420, 467, 468 and 471 i.p.c. the applicant states that when he made an application to the economic offences court, nampally, for .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-04-2003
Reported in : (2003)3GLR1899
..... the powers flowing from the code and especially from sections 437/439.77.2 the phraseology of sub-section (4) of section 34 indicates, indirectly two contingencies : (i) where an accused is found guilty of the offence punishable under the i.p.c. or any other law such as arms act, explosives act etc. but has been acquitted by the very judgment of ..... not found acceptable because it does not take care of the fact situation if the same judge/court would have been appointed under section 23 to act as a judge/court competent to try the cases of offence punishable under p.o.t.a.77.1 it is decided by the apex court in more ..... bail so that the presiding judge of special court can appreciate the case of the prosecution in the light of all relevant provisions and the restrictions imposed under section 49 of the act. if this submission is accepted, then the resultant effect would be of relegation of the petitioners-accused to special court for bail afresh. this submission is .....
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