Court : Privy Council
..... the dominion and the provinces of canada regarding the right to control and regulate aeronautics, including the granting of certificates to persons to act as pilots, the inspection and licensing of aircraft, and the inspection and licensing of aerodromes and air-stations. the question is whether the subject is one on which the dominion parliament ..... effect as a new law. the governor-general in council, on 31st december 1919, pursuant to the air board act, issued detailed "air regulations" which, with certain amendments, are now in force. by the national defence act, 1922, the minister of national defence thereafter exercised the duties and functions of the air board. by these ..... of the british empire under this convention, which was then in course of preparation, the parliament of canada enacted the air board act, chap.11, statutes of canada, 1919 (1st session), which, with an amendment thereto, was consolidated in the revised statutes of canada, 1927, under the title of the aeronautics .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR529
..... section 517 of the criminal procedure code was amended in 1923, provision was made for confiscation of the property used for the commission of an offence under the particular act, as for instance in,ss. 4 and 17 of the press (emergency powers) act, 1931, in section 33 of the dangerous drugs act, 1933, in section 13 of the indian aircrafts act, 1934, in section 27 of the ..... indian petroleum act, 1934, and in section 55 of the indian forests act, 1927. such a provision in all these acts is superfluous and is evidently intended to emphasise the power of confiscation which the criminal courts already possessed under section 517 of the criminal procedure code. if the amendment of rule 81(4) of .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR644
..... upon the central government by section 2(2)(xxii). of the defence of india act, 1939. that clause is now amended by ordinance no. xxvi of 1944 after the sessions judge acquitted the accused in this case. before its amendment the clause empowered the central government to make rules 'controlling the use or disposal of ..... prohibiting or regulating the possession, use or disposal.' but that clause deals with articles of a different kind, explosives, arms, ammunitions, vessels, wireless telegraphic apparatus, aircraft, photographic and signalling apparatus and any means of recording information. in the case of these articles one may use them and still be in possession of them, ..... clause (xxii) of section 2(2) without doing violence to the language of that clause. it is true that as clause (xxii) stood before its later amendment it did not mention expressly 'possession' of coin. the rule, however, does not prohibit posesssion of coin, except above the reasonable requirements of individuals. it .....
Tag this Judgment!Court : Privy Council
..... s. 12 defined the offences and prescribed the penalties which are relevant to the present proceedings. [16] the material parts of s. 12 (as amended) are as follows: "(1) if any person acts in contravention of or fails to comply with any of the provisions of this ordinance or any rule made thereunder, or aids or abets in any ..... , save as hereinafter provided, be forfeited to the government; (b) if in any criminal prosecution facts are established to the satisfaction of the court which render a vessel aircraft or vehicle or other means of conveyance forfeited to the government, the court may by order confirm such forfeiture and such order shall save as provided in para, (e) ..... construction of the ordinance does not appear to present any doubt or difficulty. in the first place the meaning of the words "whether that person or the vessel or aircraft came there voluntarily or not" is plain. they do not admit of the gloss which id sought to be put upon them. either the vessel came voluntarily into .....
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