Court : Chennai
Reported in : AIR1924Mad375; 75Ind.Cas.691; (1923)45MLJ555
..... schedule 5. the accused keeps a rice mill for converting paddy into raw rice, within three miles of the municipal limits of rajahmundry. a notification was issued under section 249 of that act and as the result of that the parties doing anything for one or more of the purposes specified in schedule 5 were obliged to take out licenses from the ..... or property' is to be read as qualifying the last clause 'any industrial process' or is to be read with each of the clauses preceding it beginning with 'storing any explosive or combustible material.' some clue to the construction of the clause (q) is given in the proviso to it wherein the words 'for private use' has to be clearly read .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad980; 166Ind.Cas.360
..... rao however argued that as a matter of law, apart from any intention of the parties, this must be the result. he referred to a passage in reid v. explosives co. (1887) 19 q b d 264, as supporting the proposition that when once the court takes charge of the property in a suit by the appointment of a receiver ..... , as to the ways in which an agent's authority may be terminated. the statement here is in substance the same as that contained in section 201, contract act read along with the provisions of section 56, as to the circumstances in which a contract becomes unlawful. there is no suggestion in the present case that the business of the agency ..... against the heirs of his agent. the only point for determination is a question of limitation. there has been some difference of opinion as to whether article 89, limitation act is to be applied only to suits for accounts instituted against the agent himself and not to suits instituted against his heirs; but as in the present case the application .....
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad606; 157Ind.Cas.991
..... accident happens through its defective state. putting it on the other ground, according to the evidence of the defendants' servant, some of the crackers fell down and caused the explosion. clearly, crackers do not fall from a shelf unless they are insecurely placed upon it and to place them in that manner upon the shelf is a negligent ..... for damages which were caused by that fire. the plaintiff called no evidence. indeed it would be very difficult for the plaintiff affirmatively to give any evidence of specific acts of negligence; all he was able to say was that the tire broke out in the defendant's shop and, but for one paragraph in the written statement he ..... act; and it does not matter whether it was the negligent act of the defendant's servant or his own directly, the defendant is equally liable. quite apart from these reasons, fireworks are dangerous things to .....
Tag this Judgment!Court : Chennai
Reported in : (1935)69MLJ218
..... happens through its defective state. putting it on the other ground, according to the evidence of the defendant's servant, some of the crackers fell down and caused the explosion. clearly, crackers do not fall from a shelf unless they are insecurely placed upon it and to place them in that manner upon the shelf is a negligent ..... defendant for damages which were caused by that fire. the plaintiff called no evidence. indeed it would be very difficult for the plaintiff affirmatively to give any evidence of specific acts of negligence - all he was able to say was that the fire broke out in the defendant's shop and, but for one paragraph in the written statement, he ..... act; and it does not matter whether it was the negligent act of the defendant's servant or his own directly, the defendant is equally liable. quite apart from these reasons, fireworks are dangerous-things to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom21
1. in this case the two accused have been committed to the sessions court of belgaum for trial on charges of offences under section 4 of the indian explosive substances act 6 of 1908. the sessions judge has referred the case to us on the ground that the sanction of government for the prosecution of the two accused has not ..... been obtained in accordance with section 7 of that act. we are asked to quash the commitment in toto, in order that the prosecution may obtain the ..... necessary sanction and begin proceedings afresh. section 7 of the act in question says:no court shall proceed to the trial of any person for an offence against the act except with the consent of the local government or the governor-general in council.2. it is to be .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR644
..... the federal court in emperor v. keshav talpade (1943) 46 bom. l.r. 22 that it is not permissible to look to the general provisions of sub-section (1) of section 2 of the act to justify rule 90(2)(e), which in terms interferes with the possession of coin, and that this rule, therefore, is ultra vires of the ..... ground that rule 90(2)(e) was ultra vires of the central government, being in excess of the rule-making power conferred upon it by section 2 of the defence of india act, 1939. rule 90(2)(e) of the defence of india rules provides that no person shall possess coin to an amount in excess of his ..... swelling the cash balance in hand. it is pointed out that in clause (xxv) of the same ; sub-section the expression used is '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. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All165; 85Ind.Cas.823
..... the match, the child would be none the less guilty of disobedience, because he immediately blew it out and no explosion took place.2. whether the offence is one, which, on the facts as i find them, come within section 188 of the indian penal code, is no doubt a debatable question. the principal argument addressed to us was that ..... -he should not be held to be authorised to give such verbal order, and to promulgate it in such a manner as he blinks best. similarly the sections of the police act prescribe among other things his duty to prevent the commission of offences and to keep order in the public streets. the point was not argued before us, ..... there was really a serious apprehension of a breach of the peace, no steps were taken by the police to forbid the procession or to require licenses under the police act. in fact, as the learned district magistrate himself has remarked, proper police arrangements were not made in advance, but when on the 19bh of november a gaoshala procession .....
Tag this Judgment!Court : Mumbai
Reported in : (1910)12BOMLR73
..... .20. crocker v. banks (1888) 4 t.l.r. 324 was the case of a girl employed in a soda water manufactory. she was injured by the explosion of a bottle. she had been warned to wear a mask and such masks were provided. nevertheless, the company defendant was held liable, although the plaintiff had neglected ..... these propositions does not admit of dispute. mere allegation or proof that the company- were guilty of negligence is altogether irrelevant; they might be guilty of many negligent acts or omissions, which might possibly have occasioned injury to some one, but had no connection whatever with the injury for which redress is sought, and therefore the ..... caused or materially contributed to the injury.' now, applying those observations to the facts here, we may go so far as to hold that the plaintiff has proved an act of negligence which (apart from the strict contractual relations set up by the defendant) materially contributed to the injury- but if it only contributed ' materially ' or, .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR825
..... ousted. in my opinion this contention is unsustainable. whether a tenancy has been legally determined or not is to be decided on the provisions of section 111 of the transfer of property act which says, among other things, that a lease of immovable property determines on the expiration of a notice to determine the lease, or to quit ..... this case. it is admitted that the petitioners are the tenants of the opponent and that notice sufficient for the determination of the tenancy under section 106 of the transfer of property act has been given. the tenancy having been thus determined by a proper notice, the lessees are bound to put the lessor into possession of ..... act for eviction of the three defendants, the present petitioners, who were the plaintiffs' tenants. the case for the plaintiffs was that the tenant in each case occupied one block in a building at dadar belonging to them. the plaintiffs were living and also doing their business near the dock area in bombay. on account of the explosion .....
Tag this Judgment!Court : Chennai
Reported in : (1918)ILR41Mad538
..... could not dissolve or suspend a statutory body and it seems to me beside the question to examine, as the learned vakil has asked us to do, the sections of the act for the purpose of ascertaining the rights that are vested in government. i therefore hold that the doctrine pressed on us has no application to this case.25. ..... council employed a contractor to construct a certain sewer. in consequence of his negligence in carrying out the work a gas main was broken with the result that an explosion took place by which injury was caused to the wife of the plaintiff and to his premises. the court of appeal presided over by the eminent judge mentioned held ..... the contractor so discharges his duty as to avoid such a danger. that was the principle enunciated in the corporation of the town of calcutta v. anderson i.l.r. (1884) calc. 445. there is another exception which is even more pertinent to the present case, namely, that in the case of statutory bodies entrusted with the performance of a .....
Tag this Judgment!