Court : Mumbai
Reported in : AIR1949Bom337; (1949)51BOMLR515
..... accept the averments made by the plaintiffs in the plaint.5. in my opinion, therefore, this is clearly a suit which does not fall within the purview of section 50 of bombay act lvii of 1947 and, therefore, this court has jurisdiction to try the suit. the order, therefore, made by the learned judge that this suit should be transferred ..... received from the plaintiffs. with regard to defendants nos. 3 to 7, who put in a joint written statement, their contention was that after the tenancy terminated on the explosion having taken place, the plaintiffs were no longer the tenants of the defendants but they were mere licensees, and the defendants required the plaintiffs as a term of the ..... of 13 months during which the tenancy was to continue. according to the plaintiffs it was also agreed that with regard to the tenancy of certain months anterior to the explosion for which the plaintiffs had not paid rent, they should pay a pugree of rs. 60 a month for 5-ir months, which came to rs. 345. according .....
Tag this Judgment!Court : Chennai
Reported in : (1936)70MLJ592
..... the condition - and that therefore, the insurance company, when sued on the policy, was not estopped from contending by way of defence, that the loss was caused by an explosion. on behalf of the respondents, reliance is placed on a passage contained in halsbury's laws of england, vol. xiii p. 472, wherein it is observed that,while a true ..... that an admission on a point of law is not an admission of a 'thing' so as to make the admission matter of estoppel within the meaning of section 115 of the evidence act. that was a case in which the plaintiff admitted in mutation proceedings that he and certain of the defendants were owners of the suit property in equal shares ..... from a fire would be covered, except for loss or damage as specified in the condition, and the manufacturers understood the qualification to refer only to an explosion due to hostile action. it was held that the representation by the agent was a representation, not of fact, but of law, - namely, as to the meaning and effect of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad1062; 161Ind.Cas.682
..... the condition--and that therefore, the insurance company, when sued on the policy, was not estopped from contending by way of defence, that the loss was caused by an explosion. on behalf of the respondents, reliance is placed on a passage contained in halsbury's laws of england, vol. xiii, p. 472, wherein it is observed that:while a true ..... that an admission on a point of law is not an admission of a 'thing' so as to make the admission matter of estoppel within the meaning of section 115 of the evidence act. that was a case in which the plaintiff admitted in mutation proceedings that he and certain of the defendants were owners of the suit property in equal shares ..... from a fire would be covered, except for loss or damage as specified in the condition, and the manufacturers understood the qualification to refer only to an explosion due to hostile action. it was held that the representation by the agent was a representation, not of fact, but of law, namely, as to the meaning and effect of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom333; (1945)47BOMLR79
..... ammunition etc., without a license is punishable under section 19(f) of the indian arms act; possession of explosives without a license is punishable under section 5 of the explosive substances act; possession of illicit liquor without a license is punishable under the bombay abkari act; under section 114, ill. (a), of the indian evidence act, 1872, possession of stolen goods soon after ..... about by the present war conditions, drastic measures were thought necessary, and the burden of proof, which could not be thrown on the accused under section 106 of the indian evidence act, has been expressly thrown upon them by sub-rule (2) of rule 39 of the defence of india rules. in some cases the accused ..... is found. but the central government having thought it necessary or expedient to make such a rule in exercise of the emergency powers under section 2 of the defence of india act, it is not within the province of the courts to consider the necessity or the expediency of the rule. it is not contended .....
Tag this Judgment!Court : Kolkata
Reported in : (1911)ILR38Cal169
..... course, very great force in that argument. we have come to the conclusion that the statement of abani cannot properly be treated as evidence under section 10 of the evidence act. that section, in our view, is intended to make evidence communications between different conspirators, while the conspiracy is going on, with reference to the carrying ..... in these exhibits are to be found the details as to the organization of secret societies, there are to be found instructions as to how high explosives and bombs are to be manufactured, and these instructions are illustrated with beautifully executed pencil drawings, which must have been made by draughtsmen of very considerable ..... revolution by violence, describing how secret societies to that end should be organized and the lines on which they should carry out their operations, how high explosives were to be manufactured and how, when prepared, they could most readily be employed for the purpose of murder and the destruction of property.2. all .....
Tag this Judgment!Court : Privy Council
Reported in : AIR1949PC250
..... seems to their lordships to be conclusive in the light of the evidence : "if one gives to a child an explosive substance, and the child, with a limited knowledge in respect to the likely effect of the explosion, is tempted to meddle with it to his injury, it cannot be said in answer to a claim on behalf of ..... of contributory negligent cannot be supported. 15 it follows from what their lordships have already said that the attempt to attribute the disaster which happened solely to the acts of the infant plaintiff must fail. that defence cannot indeed be maintained in the light of the concurrent findings of fact in this case, for when once the ..... on behalf of the defendant, at their lordships' bar, as it had been, without success, at the trial, that assuming its employee to have been negligent, the subsequent acts of the infant plaintiff were the real cause of his injuries, and were an intervening cause, or novus actus interveniens, to which alone those injuries should be ascribed. alternatively .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1915All273; 28Ind.Cas.655
..... aim at the restriction of any trade. it is very hard to say that cocaine could be considered to be an 'explosive', or a dangerous, filthy, 'noxious' or deleterious 'substance' within the meaning of the section. no doubt the abuse of cocaine may be followed by very serious consequences but this, it seems to us, is not ..... accused had been guilty of an offence under section 60a of the excise act and that he was rightly convicted. so far as the conviction under section 61 read with section 70 of the post office act is concerned, we think that the conviction was not justified by law. section 70 of the post office act, vi of 1898, provides that any ..... therefore, that the accused was wrongly convicted of an offence under the post office act. we think, however, that the sentence under section 60a of the excise act was inadequate. we, therefore, set aside the conviction under section 70 read with section 61 of the post office act and acquit the accused of that offence and remit the fine. we enhance .....
Tag this Judgment!Court : Kolkata
Reported in : (1909)ILR36Cal808,2Ind.Cas.697
..... of the informations so recorded was to implicate a large number of persons in the alleged conspiracy; and on the basis thereof, proceedings were commenced under the explosive substances act against twenty-seven persons. on the 4th november 1908, rakhal was examined in the court of the joint-magistrate before whom these proceedings were pending. he ..... record of the statements actually made by rakhal chandra. the question, therefore, arises whether the statements as specified in the charge are false within the meaning of section 193 of the indian penal code. the whole of the evidence on the record has been placed before us and discussed at considerable length, and, in our ..... his trial in the court of sessions. on the 29th march, the sessions judge in agreement with the two assessors found rakhal guilty of an offence under section 193, and sentenced him as already described.3. the propriety of this conviction has been challenged substantially on five grounds, namely, first, that the sanction on .....
Tag this Judgment!Court : Kolkata
Reported in : (1915)ILR42Cal1153
..... whole includes the part, and when the act deals with a particular class of arms such as fire-arms the section moans that parts of fire-arms are included in the word 'fire-arms.' the word 'fire-arms' only means 'arms that are fired by means of gunpowder or other explosive.'20. if section 14 prohibits the possession of arms that ..... are fired by means of gunpowder or other explosive then clearly, having regard to section 4, the possession of parts of such arms is prohibited. that the possession of parts of fire-arms ..... a conspiracy both to manufacture and keep arms. the learned judge, however, is clearly wrong in treating the keeping of arms as an offence under section 19(a) of the indian arms act. the offence is keeping for sale not keeping only. does then the evidence prove a conspiracy to manufacture arms now, in cases of conspiracy the .....
Tag this Judgment!Court : Allahabad
Reported in : (1915)ILR37All289
..... to aim at the restriction of any trade. it is very hard to say that cocaine could be considered to be an 'explosive' or a 'dangerous, filthy, noxious or deleterious substance' within the meaning of the section. no doubt the abuse of cocaine may be followed by very serious consequences, but this, it seems to us, is not ..... henry richards, c.j. and pramada charan banerji, j.1. ismail khan has been convicted under section 60a of the excise act and under section 61 read with section 70 of the post office act. on conviction on the first charge he was fined rs. 200 and on the second one rs. 100, the learned sessions judge, to whom ismail khan ..... therefore, that the accused was wrongly convicted of an offence under the post office act. we think, however, that the sentence under section 60a of the excise act was inadequate. we, therefore, set aside the conviction under section 70 read with section 61 of the post office act and acquit the accused of that offence and remit the fine. we enhance the .....
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