Court : Andhra Pradesh
Decided on : Sep-10-2003
Reported in : 2003(6)ALD299; 2003(5)ALT705
..... and rejected.' the commissioner of police in exercise of the power conferred upon him under clauses (f), (g) and (h) of sub-section (1) of section 21 of the hyderabad city police act, 1348 fasli promulgated the rules with the assent of h.e.h. the nizam's government known as 'the rules relating to places of public ..... to the public street, by persons other than government or municipal officers authorised in this behalf, (iv) the carrying through public streets or public places gunpowder or other explosive substances, (v) blasting, (g) regulating the entrance or exit at any place of public amusement or place of public entertainment or at any meeting or public ..... theatre, music and dancing hall, billiard room, gymnasium or any other place allotted for such purpose'. 'public place of entertainment' is also defined in section 3 (h) of the police act, which reads; 'public place of entertainment' means any enclosed or open place to which the public have access and where any kind of articles of food .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-01-2003
Reported in : 2004(3)ALD357
..... chahal engineering and construction company v. irrigation department, punjab, sirsa, : air1993sc2541 , this court held that the words 'is otherwise invalid' in clause (c) of section 30 of the act would include an error apparent on the face of the record. in trustees of the port of madras v. engineering constructions corporation limited, : air1995sc2423 , after adverting to ..... the parties has a tradition in india. it has a social purpose to fulfil today. it has a great urgency today when there has been an explosion of litigations in the courts of law established by the sovereign power. new rights created, or awareness of these rights, the erosion of faith in ..... or voidable between the parties thereto is not applicable to an agreement the formation whereof law interdicts or which falls within the prohibitory range of section 23 of the contract act. thus, no legal relations are created by the agreement offending a statute or public policy enabling neither party to enforce the agreement. (see .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-09-2003
Reported in : III(2003)ACC717; 2003(4)AWC2620
..... was the provision under section 166 of the motor vehicles act. in the absence of section 163a of the act and the schedule ii, which contains only the guidelines, the motor accident claims tribunal proceeded with the claim petition treating the same ..... as a senior teacher in kendriya vidyalaya, air force, station hindon, ghaziabad.4. it may be noticed that the death had occurred in the accident caused by the explosion of bomb in the bus. the tribunal drew ample support for its conclusion from the observations made in the case of samir chand v. m. d., assam state ..... 4.1996. the claim petition, however, had been filed in the year 2000. during the pendency of the claim petition, the amendment became effective and section 163a of the motor vehicles act itself was deleted. the effect was that by the date of the judgment/award, the only provision under which the claim petition could be continued, .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-04-2003
Reported in : 2003(4)AWC2800; (2003)2UPLBEC1307
..... adjudicator, after receipt of the reference of such dispute will have first to direct the workmen to approach the appropriate government for abolition of the contract under section 10 of the act and keep the reference pending. if pursuant to such reference, the contract labour is abolished by the appropriate government, the industrial adjudicator will have to give ..... from the date of termination, the order dated 17.4.1995 was liable to be set aside as having been passed in violation of the provisions of section 6n of the act, 1947. therefore, he should be reinstated with all consequential benefits and regularized with the principal employer in view of the provisions of the contract labour (regulation ..... the workmen employed by the contractor were certainly not the workmen of the corporation.'13. this court while deciding the writ petition no. 14758 of 1990, indian explosives ltd. v. state of u. p. and ors., vide its judgment dated 25.1.1991 considered the definition of workmen under the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-17-2003
Reported in : [2003(97)FLR874]; 2003(2)MPHT65; 2003(2)MPLJ555
..... be specified in, such notification. first notification was issued on 31-12-1960. the notification provides that ail the provisions of the said act other than sections 1 and 112 shall come into force on 31-12-1960 in respect of undertakings in the industries specified in the schedule below wherein ..... fibres including regenerated cellulose-rayon, nylon and the like. (8) coke over by-products. (9) coal-tar distillation products like, naphthalene, anthracene and the like. (10) explosives including gunpowder and safety fuses. (11) insecticides, fungicides, weedicides and the like. (12) textile auxiliaries, (13) sizing materials including starch. (14) miscellaneous chemicals. from the ..... .p., indore and ors., reported in 1968 mplj page 95, the division bench of this court has held that the notification issued under section 1 (3) of the act making it applicable to cement industry. workers engaged for construction of factory for manufacturing cement cannot be deemed to be working in cement industry .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-07-2003
Reported in : 2003(51)BLJR655; 2003CriLJ2089; [2003(1)JCR431(Jhr)]
..... under sections 341, 323, 452 and 353 of the indian penal code. 11. the ..... (mihijam) p.s. case no. 250 of 1996 under section 392 of the indian penal code. (v) jamtara p.s. case no. 194 of 2001 under sections 147, 148, 149, 353, 427 and 307 of the indian penal code, section 27 of the arms act and section 3/4 of the explosive substance act. (vi) kundahit p.s. case no. 15 of 2002 ..... that the sub-divisional officer, jamtara requested the superintendent of police, jamtara to send a proposal to the deputy commissioner, jamtara to detain the petitioner under section 12 of the act and thereafter the superintendent of police, jamtara recommended accordingly for detention of the petitioner. pursuant to the said recommendation, the deputy commissioner, jamtara by order dated .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-05-2003
Reported in : II(2004)ACC108; AIR2004P& H162; (2004)136PLR440
..... i.e., railway risk rate, then the railway administration is liable for the loss or damage caused to the same during the course of transit.15. section 78 of the act pertains to exoneration from responsibility in certain cases, which reads as under:-78. exoneration from responsibility in certain cases.- notwithstanding anything contained in the foregoing ..... or the consignee;g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods;h) latent defects;i) fire, explosion or any unforeseen risk;provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of ..... the state of despatch. in view of the aforesaid judgments, i am of the opinion that the railway administration was not entitled for any benefit under section 74 of the act.21. in view of the aforesaid discussion, the instant appeal is allowed with costs. the impugned judgment and decree passed by the learned trial court is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-08-2003
Reported in : 2003(2)ALD(Cri)810; 2003(2)ALT(Cri)351; JT2003(7)SC302; 2003(6)SCALE181; (2003)10SCC586; 2003(2)LC1288(SC)
..... method of proof in a case like this, cannot be on the lines of a crime under the provisions of ipc inasmuch as sub-section (2) of section 3 and section 4 of the act engrafts the statutory presumptions to be drawn from the facts and that this would make all the difference in the nature of consideration required in ..... violence to the language, scheme underlying and the very object of the said provision besides rendering otiose or a dead letter the specific provision engrafted in sub-section (2) of section 3 of the act. in view of this, the decision of the single judge of the high court in 1993 crl.l.j. 2984 (supra) cannot be said ..... cause to be done the illegal act. for an offence under section 120b the prosecution need not necessarily prove that the perpetrators expressly agreed to do or cause to be done the illegal act; the agreement may be proved by necessary implication. in this case, the fact that the appellants were possessing and selling explosive substances without a valid licence for .....
Tag this Judgment!Court : Delhi
Decided on : Jan-15-2003
Reported in : 2003IIAD(Delhi)41; 102(2003)DLT840; 2003(26)PTC200(Del); 2003(1)RAJ464; [2003]47SCL574(Delhi)
..... laboratories ltd. (supra) the trade marked 'supaxin' and 'spoxin' were held to be deceptively similar in clause (d) of sub-section (1) of section (2) of the act and it was held that if such mark is likely to deceive or cause confusion it could not be registered. the question in that ..... pharmaceuticals ltd. (supra) as has been mentioned hereinabove. consequently, learned counsel for the appellant is right in his submission that clause (a) of section 11 of the act is attracted and the medicine 'bicillin' is likely to be confused for 'biocilin' or vise versa. consequently, this trade mark 'bicillin' could not ..... place to mention that different acts like drugs and cosmetics act, 1940, food adulteration act, trade and merchandise marks act, copyright act, designs act etc. have made numerous provisions to protect the consumers. but as is bound to happen in impending legislative explosion following globalization and numerous existing acts, different authorities act differently. such an approach .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-17-2003
Reported in : 2004(1)CHN162
..... , we have found that in the subsequent judgment, viz. contai thana (supra), an argument was sought to be made about two clauses of sub-section (3) of section 10 of the tribunal act and this argument is noted in paragraph 5 of the judgment in contai thana (supra). but, no finding on the same has been reached by ..... the scope and extent of the judicial power which has been vested on such tribunals. after analysing different decisions of the supreme court and the factual aspect of litigation explosion and the huge arrears before the different high courts, the learned judges, in paragraph 93 of the said judgment at page 1154 of the report, held:(a) ..... , averments have been made, about alternative remedy. but from the said averments, this court cannot come to the conclusion that the remedyprovided under the act, viz. under section 49(4) of the said act is eitherinadequate or is one, which creates undue hardship on the applicant. in factthere is no such pleading.25. for the reasons aforesaid, this .....
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