Array ( [0] => ..... excellency the governor cannot be deemed to be an order of the local government. the argument is that as the order purports to be made not only under section 7 of the explosive substances act but also under para. 8 of the india and burma (transitory provisions) order, 1937, and it must be held that the consent to the prosecution ..... by the government. it is however not necessary to deal with this point finally because even if the point is sound and the prosecution and trial under section 3 of the explosive substances act are deemed to have been invalid for want of valid sanction or consent, the fact remains that the appellant has been convicted of an offence under ..... objection was taken in the court below and the same objection was repeated in appeal to the validity of the consent given to the prosecution under section 7 of the explosive substances act (vi of 1908) by the government in ex. r, which is the government order on the point. it is contended that this order being one which purports ..... [1] => ..... we are satisfied that the appellant was in unlawful and secret possession of a large quantity of arms, ammunition and explosive substances in circumstances, which created offences under section 20, arms act, section 5, explosive substances act, and section 411, penal code. he was therefore in our view, properly convicted by the learned sessions judge on these charges.43 ..... that he was in possession of such articles under circumstances that raised a suspicion that they were not being kept for a lawful purpose contrary to section 5, explosive substances act. the appellant, ram, singh was further charged that on 13th day of july 1931, in the house of his uncle hakim. gyan singh he ..... chatta, he threw a bomb in a compound at the rear of the said police station with intent to cause an explosion and thereby endanger human life and property contrary to section 4(a), explosive substances act. (3) that on 6th april 1932, he abetted the commission of an offence of extortion by supplying a typewriter ..... [2] => ..... given we are satisfied that the appellant was in unlawful and secret possession of a large quantity of arms, ammunition and explosive substances in circumstances which created offences under section 20, arms act, section 5, explosive substances act and section 411, penal code. he was, therefore, in our view, properly convicted by the learned sessions judge on these charges. ..... that he was in possession of such articles under circumstances that raised a suspicion that they were not being kept for a lawful purpose contrary to section 5, explosive substances act. the appellant, ram singh was further charged that, on july 13, 1931, in the house of his uncle hakim gyan singh he stole a ..... chatta, he threw a bomb in a compound at the rear of the said police station with intent to cause an explosion and thereby endanger human life and property contrary to section 4(a), explosive substances act. (3) that on april 6, 1932, he abetted the commission of an offence of extortion by supplying v. typewriter ..... [3] => ..... of committing a breach of condition 4 of the conditions of the license and of thus having committed an offence under rule 138 of the rules made under section 5 of the indian explosives act 1884. upon the question of penalty, i would remark that in such cases the employer's ignorance has often been held to be a mitigating circumstance, that the ..... the accused of a breach of condition no. 4 of the conditions of his license, and thus having committed an offence under rules 138 of the rules under section 5 of the indian explosives act, 1884, and sentence him to pay a fine of rs. 500. it is a serious case, which resulted in the servant's death ; and i think the ..... the accused should have been convicted of a contravention of rule 32 and consequently an offence punishable under rule 188, clause 4 or clause 9 of those framed under section 5 of the indian explosives act, 1884.22. the case, in my opinion, is one of those where the effect of the statute is to make the master liable for his servant's ..... [4] => ..... contention is equally devoid of foundation. the search was conducted, not under the code of criminal procedure, but under rule 32 of the government rules under the indian explosives act, 1884 (see pp. 396, 397, vol. iv, general statutory rules and orders, ed. 1910). at the search, on the 5th september 1910, police officers of ..... the superintendent of police put in another complaint before the additional district magistrate of dacca, together with the government sanction, or consent, required by section 7 of the explosive substances act (vi of 1908). on this complaint and sanction the proceedings, resulting in the present appeal, were initiated, continued and concluded.4. the learned ..... reason that the present case was otherwise initiated, on the 9th september 1910, four days later. it may be added, with reference to section 529(e), section 530(k), and section 531 of the code, that, unless it appears that the proceedings wrongly held have, in fact, occasioned a failure of justice,-they cannot ..... [5] => ..... that the various sentences passed on them should run concurrently. we set aside the conviction of accused no. 4 and the sentence passed on him under section 4(a) of the explosive substances act.28. the result is that the aggregate sentence passed on accused nos. 1, 6 and 13 comes to seven years, that on accused nos. 2 ..... bombs, and as it does not necessarily lead to the conclusion that he had a hand in the concealment of the bombs there, his conviction under section 4(a) of the explosive substances act cannot stand.23. as against accused no. 13 there is sufficient evidence to prove that he was present among the rioters and took part in it ..... be present in the morning when the riot took place. hence we confirm the conviction of all the appellants under the various sections except the conviction of accused no. 4 under section 4(a) of the explosive substances act.27. as regards the sentence the learned sessions judge! has rightly made a distinction between the different accused. the effect of ..... [6] => ..... india rules and not under section 17 of the explosives act. all that is urged before me is whether this phosphorus can be said to be a material used or intended ..... phosphorus and yellow phosphorus ' are declared as explosive substances. in these two g. os. all that is stated is that they can be used in the manufacture of explosives and therefore it is necessary to restrict the possession of such articles by individuals; but it cannot amount to a notification under section 17 of the explosives act, 1884. further this notification was under the defence of ..... [7] => ..... ? we think that it is.15. the only case which remains to be considered is that of the thirteenth accused, who has been sentenced under section 5 of the explosive substances act, 1908. in a statement made under section 162, criminal procedure code, the thirteenth accused said that after the occurrence he met the twelfth accused at the air raid precaution post in south veli street ..... each of these charges to undergo five years' rigorous imprisonment. the ninth and sixteenth accused were also convicted under these sections and under section 5 of the explosive substances act. their sentences were the same, except that in respect of the conviction under the explosive substances act, the sentence was of three years' rigorous imprisonment. the thirteenth accused was merely found guilty of an offence under ..... [8] => ..... murshidabad of the same date shows clearly that the government consented to a prosecution under section 4, explosives act, read with section 120-b, i. p.c, and section 436 read with section 120-b, i. pc, and for 'such other offence of offences as may be disclosed in the evidence.' in our opinion, therefore, the learned ..... penal code and consequently the special judge had no jurisdiction to try them. it is true that in the order, dated 27th may 1932, only section 4 explosives act, read with section 120-b, i. pc, and section 436 read with section 120-b, i. pc, are explicitly mentioned. but the letter from the deputy secretary to the government of bengal to the district magistrate of ..... [9] => ..... , all materials for the creation of bombs, with intent by means thereof to endanger life and had thereby committed an offence punishable under section 4 (b) of the explosive substances act, 1908. the second charge was to the effect that sasanka, dinesh, saroda, chandra sekhar, kalipada and khagendra, between march, 1911, ..... endorsed for execution, gave the first information, in which it was alleged that the four persons arrested had committed offences under sections 4 and 5 of the explosive substances act, 1908. on the 26th november, the district magistrate transferred the case for disposal to mr. veitch. on the 6th december ..... explosive substances under section 4 (b) of the explosive substances act, 1908, it is essential to specify in the charge the particular substance which the accused have conspired to make or have in their possession or under their control. there is, further, plainly no analogy between the case before us and the class of cases of which behari v. queen-empress (1884 ..... [10] => ..... ariff 39 i. a. 237 : 40 cal. 1 p.c.. in that case a certificate of incorporation of a company issued under section 41, companies act, 1882, (corresponding to section 24 of the act now in force) was sought to be challenged. the circumstances of the case were somewhat unusual. a wealthy gentleman wishing to transfer his property ..... requisitions which require legal determination in my opinion their lordships wore not dealing with this question. one of the requisites that a company must satisfy under section 5, companies act is that its objects must be lawful. can it be said that if a company was formed for unlawful objects the certificate of registration can prevent ..... to a contrary conclusion. in support of his contention he drew my attention to the definition of 'evidence' in section 3 and of 'conclusive proof' in section 4, evidence act and also to section 112 of that act which provides that the birth of a child during marriage is conclusive proof of legitimacy. i must confess my inability ..... [11] => ..... the taxable fee & that they must share this fee amongst themselves. i am unable to accept this interpretation of section 4 of the act, the meaning of which in my opinion, clearly is that every legal practitioner, in the absence of a definite contract, is entitled to the full legal ..... it being a case where the fee had not been privately settled between the legal practitioner & the client, the case must be governed by the second portion of section 4, legal practitioners (fees) act (xxi [21] of 1926, which provides as follows : '...... if no such fee has been settled, a fee computedin accordance with the law for the time ..... for the applicant that there being three legal practitioners in the case, the plff. became entitled to only one third of the taxable fee. he contends that section 4 should be interpreted to mean that where no fee has been settled all the legal practitioners appearing in a case for a particular client are together entitled to ..... [12] => ..... or comments on published news or any matter described in sub-section (1) of section 4 of the act without obtaining the necessary permission of the magistrate under section 16. sub-section (1) (d) of section 4 does not mention anything about the intention or motive in publishing such words etc., but ..... evidence on record may be inadequate to convict the appellant. but the matter before me now is different. in my opinion, in prosecutions under section 18, press (emergency powers) act, the prosecution need only prove that a document other than a newspaper has been intentionally made and published and that it contains either published news ..... the document in question was not a newspaper and did not contain public news or comments on public news but contained matters covered by section 4 (1) (d), press (emergency powers) act, that is, matters which tend directly or indirectly to bring into hatred or contempt his majesty or the government established by jaw in ..... [13] => ..... the proper sense of that term. it is not as if the same person is charged in respect of the same piece of income under two different sections of the act by the same taxing authority either directly or indirectly. as already pointed out, it is not incompetent for the indian legislature to enact that a company ..... the profits between manufacturing profits and the merchanting profits,15. of the several decisions cited before us, some of the decisions turned upon the interpretation of section 42 of the act and the decisions of the foreign courts turned upon the language of the particular statute which had to be construed. of the decisions in india reference ..... of sale of goods in british india manufactured outside india. this contention, as would be seen, is quite apart and independent of the applicability of section 42 (3) of the act. the question for consideration, therefore, is whether in the case of a non-resident carrying on manufacturing business outside british india when the sales are ..... [14] => ..... not exist therein for the purpose of giving effect to the obvious intention of the legislature.8. i may incidentally refer to the provisions of section 9, income-tax act, 1922. under that section tax on property is payable by an assessee in respect of 'property consisting of any buildings or land pertaining thereto of which he is the ..... belongs to thelessee and not to the lessor.4. but it is urged in this case that although this may be the correct position under section 108(h), t. p. act, the act applies to cases where there is no agreement to the contrary. i have, therefore, to consider the provisions of the agreement to lease as well ..... ownership of' though not necessarily 'of the absolute ownership of.' these words have been interpreted in cases that have arisen for determination in the english courts under section 557, merchant shipping act, 1894, which provides that if salvage services are rendered by any ship 'belonging to her majesty' no claim shall be allowed for any loss, damage, etc ..... [15] => ..... dividend cannot be recovered from the assessee company itself. now, in this case the income-tax officer had acted under section 18(3a) and section 18(3c). section 18(3a) casts an obligation upon any person responsible for paying to a person not resident in british india any interest not being 'interest on ..... to take the agreement between the state and the assessee company into consideration, the income-tax officer was fully competent to make the necessary order under section 23(a) of the act.8. with regard to the second question, sir jamshedji contends that the share-holders are not liable to pay any dividend and therefore such a ..... dealing with income-tax references is an advisory jurisdiction. it is a strictly limited jurisdiction and the limits of that jurisdiction are clearly laid down in section 66 of the act. the nature of that jurisdiction is to advise on questions of law that arise out of orders made by the appellate tribunal, and the advise that ..... [16] => ..... to the zamindar had been attached and this amount was utilised for raising the attachment, we are of opinion that this debt comes within the ambit of section 4, impartible estates act.12. our conclusion, therefore, is that out of the amounts claimed by the plaintiff in this suit, the amounts due under the promissory notes to sambayya ..... sum of rs. 1100 in favour of one purushotham. the object with which this money was borrowed was for paying off the peishkush due from the estate section 6, impartible estates act, prohibits the incurring of any debt by making the estate liable for paying of land revenue due to the government, unless the zamindar had first obtained ..... he represents the estate in other proceedings in which he has no personal estoppel against third parties is a real one; and wa are of opinion that section 4, impartible estates act, clearly enunciates this view. for purpose of our present case, it has to be said that an impartible estate-holder stands on an equal footing with ..... [17] => ..... the entire evidence, it is plain that the conspiracy charged against dinesh cannot be supported.25. we have next to consider the charge under section 4 (b) of the explosive substances act, 1908, against chandra sekhar, sarada and dinesh, against whom, as we have just found, the conspiracy charge has failed. it is obvious ..... been endorsed for execution, gave the first information, in which it was alleged that the four persons arrested had committed of ences under sections 4 and 5 of the explosive substances act, 1908. on the 26th november, the district magistrate transferred the case for disposal to mr veirh. on the 6th december, one kalipada ..... illegal. the cases reviewed are clearly distinguishable and do not support the contention that when the illegal act contemplated by section 120a, indian penal code, is the possession of explosive substunces under section 4 (b) of the explosive substances act, 1908, it is essential to specify in the charge the particular substance which the accused have ..... [18] => ..... the bar, it is now common ground that this debenture is a promissory note and therefore a negotiable instrument within the meaning of the negotiable instruments act (see sections 4 and 13). in ray judgment this is clearly the right view to take of the document; and i can see nothing in the city of bombay ..... one, viz., that each old or new debenture was a negotiable instrument. that being so it would be clear (apart from a certain argument on section 58 of the negotiable instruments act which i will mention later) that a forged endorsement being no endorsement, all subsequent endorsements would be inoperative and invalid. consequently the true owner could ..... these new debentures, and consequently the plaintiff's claim against them must fail. i need not, therefore, consider the bank's alternative argument under section 58 of the negotiable instruments act to the effect that they are thereby protected against forgery as well as other kinds of fraud under indian as opposed to english law.26. ..... [19] => ..... in the nature of a curative measure and in my view, it is perfectly open to any legislature or legislative authority specially constituted, such as the governor acting under section 88, constitution act, to enact 'ex post facto' legislation. very often, it may be desirable and necessary that such 'ex post facto' legislation should be enacted by the ..... , as well as defects and vagueness of the same are such infirmities as would invalidate the detention because of not conforming to the provisions of the act and since sections 4-a and 19 of ordinance iv [4] of 1949 declare that orders of detention should not be questioned or deemed to be invalid or unlawful ..... for a further period or periods not exceeding three years in the aggregate', were substituted while matters were in this state, the governor of madras, acting under section 88(1), government of india act, 1935, promulgated ordinance i [1] of 1949 on 11th august 1949 with the object of the removal of doubts regarding the validity of the ..... ) Explosives Act 1884 Section 4 Definitions - Court Privy Council - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: privy council Page 1 of about 11,701 results (0.045 seconds)

Aug 02 1938 (PC)

In Re: Lakshmipathi Naick

Court : Chennai

Reported in : AIR1939Mad168; (1938)1MLJ426

..... excellency the governor cannot be deemed to be an order of the local government. the argument is that as the order purports to be made not only under section 7 of the explosive substances act but also under para. 8 of the india and burma (transitory provisions) order, 1937, and it must be held that the consent to the prosecution ..... by the government. it is however not necessary to deal with this point finally because even if the point is sound and the prosecution and trial under section 3 of the explosive substances act are deemed to have been invalid for want of valid sanction or consent, the fact remains that the appellant has been convicted of an offence under ..... objection was taken in the court below and the same objection was repeated in appeal to the validity of the consent given to the prosecution under section 7 of the explosive substances act (vi of 1908) by the government in ex. r, which is the government order on the point. it is contended that this order being one which purports .....

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Nov 26 1934 (PC)

Bacha Babu and ors. Vs. Emperor

Court : Allahabad

Reported in : AIR1935All162

..... we are satisfied that the appellant was in unlawful and secret possession of a large quantity of arms, ammunition and explosive substances in circumstances, which created offences under section 20, arms act, section 5, explosive substances act, and section 411, penal code. he was therefore in our view, properly convicted by the learned sessions judge on these charges.43 ..... that he was in possession of such articles under circumstances that raised a suspicion that they were not being kept for a lawful purpose contrary to section 5, explosive substances act. the appellant, ram, singh was further charged that on 13th day of july 1931, in the house of his uncle hakim. gyan singh he ..... chatta, he threw a bomb in a compound at the rear of the said police station with intent to cause an explosion and thereby endanger human life and property contrary to section 4(a), explosive substances act. (3) that on 6th april 1932, he abetted the commission of an offence of extortion by supplying a typewriter .....

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Nov 26 1934 (PC)

Bachcha Babu and ors. Vs. Emperor

Court : Allahabad

Reported in : 155Ind.Cas.369

..... given we are satisfied that the appellant was in unlawful and secret possession of a large quantity of arms, ammunition and explosive substances in circumstances which created offences under section 20, arms act, section 5, explosive substances act and section 411, penal code. he was, therefore, in our view, properly convicted by the learned sessions judge on these charges. ..... that he was in possession of such articles under circumstances that raised a suspicion that they were not being kept for a lawful purpose contrary to section 5, explosive substances act. the appellant, ram singh was further charged that, on july 13, 1931, in the house of his uncle hakim gyan singh he stole a ..... chatta, he threw a bomb in a compound at the rear of the said police station with intent to cause an explosion and thereby endanger human life and property contrary to section 4(a), explosive substances act. (3) that on april 6, 1932, he abetted the commission of an offence of extortion by supplying v. typewriter .....

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Nov 17 1926 (PC)

Emperor Vs. Mahadevappa Hanmantappa

Court : Mumbai

Reported in : (1927)29BOMLR153

..... of committing a breach of condition 4 of the conditions of the license and of thus having committed an offence under rule 138 of the rules made under section 5 of the indian explosives act 1884. upon the question of penalty, i would remark that in such cases the employer's ignorance has often been held to be a mitigating circumstance, that the ..... the accused of a breach of condition no. 4 of the conditions of his license, and thus having committed an offence under rules 138 of the rules under section 5 of the indian explosives act, 1884, and sentence him to pay a fine of rs. 500. it is a serious case, which resulted in the servant's death ; and i think the ..... the accused should have been convicted of a contravention of rule 32 and consequently an offence punishable under rule 188, clause 4 or clause 9 of those framed under section 5 of the indian explosives act, 1884.22. the case, in my opinion, is one of those where the effect of the statute is to make the master liable for his servant's .....

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Aug 08 1911 (PC)

Lalit Chandra Chanda Chowdhury Vs. Emperor

Court : Kolkata

Reported in : (1912)ILR39Cal119,15Ind.Cas.65

..... contention is equally devoid of foundation. the search was conducted, not under the code of criminal procedure, but under rule 32 of the government rules under the indian explosives act, 1884 (see pp. 396, 397, vol. iv, general statutory rules and orders, ed. 1910). at the search, on the 5th september 1910, police officers of ..... the superintendent of police put in another complaint before the additional district magistrate of dacca, together with the government sanction, or consent, required by section 7 of the explosive substances act (vi of 1908). on this complaint and sanction the proceedings, resulting in the present appeal, were initiated, continued and concluded.4. the learned ..... reason that the present case was otherwise initiated, on the 9th september 1910, four days later. it may be added, with reference to section 529(e), section 530(k), and section 531 of the code, that, unless it appears that the proceedings wrongly held have, in fact, occasioned a failure of justice,-they cannot .....

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Mar 29 1944 (PC)

Emperor Vs. Namdeo Margoo Kaikadi

Court : Mumbai

Reported in : (1944)46BOMLR546

..... that the various sentences passed on them should run concurrently. we set aside the conviction of accused no. 4 and the sentence passed on him under section 4(a) of the explosive substances act.28. the result is that the aggregate sentence passed on accused nos. 1, 6 and 13 comes to seven years, that on accused nos. 2 ..... bombs, and as it does not necessarily lead to the conclusion that he had a hand in the concealment of the bombs there, his conviction under section 4(a) of the explosive substances act cannot stand.23. as against accused no. 13 there is sufficient evidence to prove that he was present among the rioters and took part in it ..... be present in the morning when the riot took place. hence we confirm the conviction of all the appellants under the various sections except the conviction of accused no. 4 under section 4(a) of the explosive substances act.27. as regards the sentence the learned sessions judge! has rightly made a distinction between the different accused. the effect of .....

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Aug 03 1945 (PC)

In Re: Tammina Mutyalu

Court : Chennai

Reported in : AIR1946Mad45; (1945)2MLJ414

..... india rules and not under section 17 of the explosives act. all that is urged before me is whether this phosphorus can be said to be a material used or intended ..... phosphorus and yellow phosphorus ' are declared as explosive substances. in these two g. os. all that is stated is that they can be used in the manufacture of explosives and therefore it is necessary to restrict the possession of such articles by individuals; but it cannot amount to a notification under section 17 of the explosives act, 1884. further this notification was under the defence of .....

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Oct 29 1943 (PC)

In Re: B.K. Rajagopal and ors.

Court : Chennai

Reported in : (1943)2MLJ634

..... ? we think that it is.15. the only case which remains to be considered is that of the thirteenth accused, who has been sentenced under section 5 of the explosive substances act, 1908. in a statement made under section 162, criminal procedure code, the thirteenth accused said that after the occurrence he met the twelfth accused at the air raid precaution post in south veli street ..... each of these charges to undergo five years' rigorous imprisonment. the ninth and sixteenth accused were also convicted under these sections and under section 5 of the explosive substances act. their sentences were the same, except that in respect of the conviction under the explosive substances act, the sentence was of three years' rigorous imprisonment. the thirteenth accused was merely found guilty of an offence under .....

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May 26 1933 (PC)

Shibadas Daw and ors. Vs. Emperor

Court : Kolkata

Reported in : AIR1934Cal114,147Ind.Cas.1172

..... murshidabad of the same date shows clearly that the government consented to a prosecution under section 4, explosives act, read with section 120-b, i. p.c, and section 436 read with section 120-b, i. pc, and for 'such other offence of offences as may be disclosed in the evidence.' in our opinion, therefore, the learned ..... penal code and consequently the special judge had no jurisdiction to try them. it is true that in the order, dated 27th may 1932, only section 4 explosives act, read with section 120-b, i. pc, and section 436 read with section 120-b, i. pc, are explicitly mentioned. but the letter from the deputy secretary to the government of bengal to the district magistrate of .....

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Feb 02 1915 (PC)

Amrita Lal Hazra and ors. Vs. Emperor

Court : Kolkata

Reported in : (1915)ILR42Cal957

..... , all materials for the creation of bombs, with intent by means thereof to endanger life and had thereby committed an offence punishable under section 4 (b) of the explosive substances act, 1908. the second charge was to the effect that sasanka, dinesh, saroda, chandra sekhar, kalipada and khagendra, between march, 1911, ..... endorsed for execution, gave the first information, in which it was alleged that the four persons arrested had committed offences under sections 4 and 5 of the explosive substances act, 1908. on the 26th november, the district magistrate transferred the case for disposal to mr. veitch. on the 6th december ..... explosive substances under section 4 (b) of the explosive substances act, 1908, it is essential to specify in the charge the particular substance which the accused have conspired to make or have in their possession or under their control. there is, further, plainly no analogy between the case before us and the class of cases of which behari v. queen-empress (1884 .....

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