In Re: Hawkins, General Manager, the Indian Aluminium Company Limited - Court Judgment

Excerpt:

criminal procedure code (act v of 1898), section 432, reference under - indian electricity act (ix of 1910), section 33, scope of--'every person,' meaning of. - - 1. in making this reference the presidency magistrate should have distinctly formulated the questions of law which he referred for our opinion. ' as regards the second we may add that the wording of the section is perfectly clear and specifies cases likely to have resulted in loss of life or personal injury as well as those which actually so resulted.ayling, j.1. in making this reference the presidency magistrate should have distinctly formulated the questions of law which he referred for our opinion.2. as far as we can deduce them from his letter of reference they are two in number--(1) whether the term 'every person' in section 33 of act ix of 1910 is confined to parsons licensed under parts ii and iii of the act?(2) whether section 33 is confined to cases in which the accident actually results in personal injury or death?3. our answer to both questions is 'no.' as regards the second we may add that the wording of the section is perfectly clear and specifies cases likely to have resulted in loss of life or personal injury as well as those which actually so resulted. whether such a result was likely in any case in which it did not actually ensue is a question of fact to be determined with reference to the surrounding circumstances.