Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Year: 2003 Page 98 of about 4,577 results (0.338 seconds)

Madan Lal and anr. Vs. State of Himachal Pradesh

Court : Supreme Court of India

Reported in : AIR2003SC3642; 2003(2)ALD(Cri)688; 2003CriLJ3868; 2004(1)CTC381; 2003(89)ECC241; 2003(3)JKJ1[SC]; 2003(6)SCALE483; (2003)7SCC465

..... who filed a report vide ext. pw-10/a with the finding that the samples were that of charas. on being satisfied about commission of offence under section 20 of the act, a charge sheet was submitted. after framing of charge, the accused persons faced trial. 7. to substantiate its accusation, prosecution examined 11 witnesses. the ..... this position was settled beyond doubt by the constitution bench in baldev singh's case (supra). above being the position, the contention regarding non-compliance of section 50 of the act is also without any substance.17. coming to the plea that there was reduction in weight of the samples sent for analysis and there was tampering, ..... conscious possession has been established. it has not been shown by the accused-appellants that the possession was not conscious in the logical background of sections 35 and 54 of the act.28. in fact the evidence clearly establishes that they knew about transportation of charas, and each had a role in the transportation and possession .....

Megh Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR2003SC3184; 2003CriLJ4329; 2003(89)ECC709; JT2003(Suppl1)SC257; 2003(7)SCALE483; (2003)8SCC666; 2003(2)LC1532(SC)

..... this position was settled beyond doubt by the constitution bench in baldev singh's case (supra). above being the position, the contention regarding non-compliance of section 50 of the act is also without any substance.17. the decision in avtar singh and ors. v. state of punjab was rendered in a different factual background. in ..... persons have been acquitted that cannot be a factor to hold the accused-appellant innocent. it is submitted that since there was no personal search. section 50 of the act has no application.6. whether there was conscious possession has to be determined with reference to the factual backdrop. the facts which can be culled ..... to the plea of conscious possession it was held that the prosecution had produced ample evidence that accused was in physical possession and in terms of section 54 of the act conscious possession was presumed unless proved to the contrary. accused has failed to do so. therefore, conscious possession was established. accordingly the appeal filed .....

Commissioner of Income-tax Vs. Hotz Hotel Ltd.

Court : Delhi

Reported in : (2003)181CTR(Del)257; [2003]260ITR132(Delhi)

..... order does not involve any substantial question of law. 8. we find substance in the contention of learned counsel for the assessed. 9. clause (5) of section 43 of the act defines speculative transaction to mean a transaction in which a contract for the purchase or sale of any commodity, which may include stocks and shares, is periodically or ..... held by the assessing officer b. whether the income-tax appellate tribunal was right in not appreciating that the transaction related to speculative loss as covered under section 43 of the act c. whether the order of the income-tax appellate tribunal in holding that rs. 10,05,740 is a business loss, is perverse and has ignored ..... per share ; (iii) there was no contract between the buyer and the seller and, thereforee, the transaction could not be considered as an exception to section 43(5), proviso (b) of the act ; and (iv) the assessed did not discharge the onus which lay upon it to prove that the sales in question were for safeguarding further loss. .....

Municipal Corporation of Delhi Vs. Jai Veer and anr.

Court : Delhi

Reported in : 2003IIIAD(Delhi)714; 106(2003)DLT531; 2003(67)DRJ706; 2003LabIC3014; 2004(2)SLJ261(Delhi)

..... in the calendar year 1986. services of the petitioner were discontinued on 6th june, 1986. the definition of continuous service has been given in the section 25-b of the industrial disputes act. section 25-b of the act reads as under; -(1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted ..... of a female, she has been on maternity leave, so, however, that the total period of such maternity leave does not exceed twelve weeks. 5. the perusal of section 25-b of the act shows that in case the workman had i worked for 240 days during a period of 12 calendar months preceding the date with reference to which the calculation ..... the petitioner that calendar year has to be taken as the year from 1st january to 31st december of a particular year is not supported by plain reading of section 25-b ofthe act. since no other point has been argued i do not see any reason to interfere with the impugned award. there are no merits in this petition and the .....

Goverdhan Lal Soni Vs. Indian Sulphacid Industries Ltd. and ors.

Court : Delhi

Reported in : 111(2004)DLT4b; 2004(74)DRJ287

..... . briefly, the germane facts leading to the present petition are that the above named landlord had filed an eviction petition under section 14(1)(b) of the delhi rent control act, 1958 (hereinafter to be referred to as the `act') with the averments and allegations that the suit premises comprising of an industrial shed measuring 900 sq.ft. and one room ..... under article 227 of the constitution of india. in other words, the contention is that the order of the tribunal has attained finality, there being no provision in the act either for a second appeal or revision or review of such an order and, thereforee, this court cannot upset or reverse the finding recorded by the tribunal by re- ..... not provide any second appeal or revision to the high court. the purpose behind for not providing such remedy is to give finality to the order passed under the act. the power under article 227 is exercisable where it is found by the high court that due to a certain grave error an injustice has been caused to a .....

Bechu and Company Vs. Asst. Commissioner (Assessment)

Court : Kerala

Reported in : 2003(2)KLT1009

..... the rates and only at the points specified against such goods in the said schedules. it is unnecessary for us to refer to the other clauses of sub-section (1) of section 5 of the act for the purpose of this case. the first and second schedules specified the description of goods, the point of levy and the rate of tax. it ..... the state legislature has provided that sales of purchased goods by dealers holding patent or trade mark shall not be deemed to be resale within the meaning of section 2(26) of the act and the turnover of sales of goods purchased by such dealers shall not be deducted from its turnover. in other words in case of sales of such ..... of the supreme court in sales tax commr., indore v. j. singh : [1967]2scr720 .11. we have already extracted the provisions of sub-sections (2), (2a) and (2b) of section 5 of the act introduced by the finance act, 1998 with effect from 1.4.1998. before considering the validity of those provisions it is necessary to understand the scope and ambit of .....

Jindal Photofilms Ltd. Vs. State of Kerala and ors.

Court : Kerala

Reported in : [2006]146STC499(Ker)

..... which would weigh in construing a provision providing for payment of interest on unpaid amount of tax which ought to have been paid. section 3, read with section 5 of the act, is the charging provision whereas the rest of the provisions provide the machinery for the levy and collection of the tax. in order ..... 2003. the government pleader accordingly submitted that penalty was rightly imposed and that the learned single judge was also justified in sustaining the penalty under section 45aa of the act. the government pleader further submitted that the learned single judge had exercised the discretionary jurisdiction vested in the assessing authority and had limited the ..... before march 31, 2002 which amounted to contravention of the provisions of rule 21(7) of the rules, the assessing authority initiated proceedings under section 45a of the act for imposition of penalty. the explanation of the appellant before the assessing authority was that the appellant had remitted the tax due for the month .....

Council of the Institute of Chartered Accountants of India Vs. P.C. Pa ...

Court : Gujarat

Reported in : [2003]129TAXMAN80(Guj)

..... the schedules, the cases of the members found guilty will be forwarded to the high court by it with recommendations as contemplated by sub-section (5) of section 21 of the act.20.3 the council in exercise of its wide powers as a custodian of the interests of the profession and its members has issued a ..... who is a member of the institute of chartered accountants of india, guilty of misconduct other than the misconduct as is referred to in sub-section (4) of section 21 of the act, and recommended removal of the respondents name from the register of members of the institute of chartered accountants of india for a period of six ..... part of the institution in initiating the proceedings. the committee concluded that in its opinion. the respondent was guilty of 'other misconduct' under section 21, read with section 22 of the chartered accountants act, 1949, the committee consisted of a president and two members.4. the report of the disciplinary committee placed before the council, which consisted .....

izhar Ahmad Vs. Mahabir Prasad

Court : Patna

..... rule 93 (2) of the conduct of election rules 1961. soon after the result was published and then the present petition has been filed under the said sections of the act for declaring the election of the sole respondent to be void. 6. the above election petition has been contested by the sole respondent. in the written ..... form? (ii) whether the election petition suffers from non-compliance of the mandatory provisions and also being bereft of material facts and particulars as contemplated under section 87 of the act and under order vi, rule 16 of the code of civil procedure? (iii) whether the corrupt practice as alleged in capturing booths and undue influence as ..... of the candidate. 12. it has fairly been consented by learned counsel for both the parties that is such allegations are brought for corrupt practice under section 123 of the act onus lies on the person bringing allegations to prove the same to the hilt in the proceeding because such allegations if brought becomes a quasi criminal .....

Janak Singh Vs. Ram Das Rai and ors.

Court : Patna

..... votes. relief has been claimed in this election petition for setting aside of the election of the returned candidate and also for a further declaration under section 101 of the act to the effect that the petitioner be declared as returned candidate in place of respondent no. 1. 3. the announcement and publication of the ..... election petition, as filed, is maintainable in its present form? (2) whether the election is liable to be rejected for non-compliance of sections 81, 82, 117 and section 83 of the representation of people act ? (3) whether the irregularities and illegalities, as alleged in the election petition with its annexures make a case of recounting of ballots? ..... 1 who is the returned candidate all other 15 candidates in the fray had been made parties. in that way, section 82(a) of the act has been properly complied with. 18. section 117 of the act requires deposit of security cost. here, i have already mentioned in the foregoing paragraphs that the chalan regarding security cost .....