Court : Mumbai
Reported in : AIR1946Bom407; (1946)48BOMLR255
..... mahomedalli v. jafferbhoy (1925) 28 bom. l.r. 264. in that case sir norman macleod, chief justice, observed (p. 269):proceedings under this section '[namely, section 45 of the specific relief act] are in substitution for proceedings by writ of mandamus and writ of prohibition according to english practice.now, with great respect to the learned chief justice, ..... which it is incumbent upon him to do or forbear. so far he has done nothing. he has only been nominated by the government of bombay to act under section 19(c) to determine the amount of compensation. on the other hand if his appointment is not authorised by law, he is not the holder of a ..... far from assisting mr. munshi, illustrates the very principle i was attempting to lay down. in that case the commissioner of police at bombay, acting under section 28 of the bombay city police act, 1902, issued a notice upon the applicants requiring them to vacate the premises occupied by them, and intimating that failure to comply with the notice .....
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad628
..... plaintiff and his case is identical with that of the plaintiff excepting in the matter of mesne profits which he does not claim. as i have held that section 4, partition act, cannot be availed of by defendant 3, it follows that the memorandum of objections of defendant 11 must be allowed without costs and he must be decreed ..... was in substance a claim that the defendant should be allowed an opportunity of resiling from the offer made by them. they proceed to consider the provisions of section 4, partition act, and say:it may be quite true, as has been argued before jus on behalf of the present appellants, that this jsection was enacted for the benefit ..... to the share he bought from defendant 3. with regard to mastan's share the trial court decreed partition and refused the application of defendant 3, made under section 4, partition act, after the close of the argument. the appellate court agreed with the trial court with regard to defendant 3's share but allowed the claim of defendant 3 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1931All17
..... , possession or sale of fire-works are granted under the explosives act of 1884 and not under the arms act. i am clearly of opinion that the conviction under section 19 (f), arms act, cannot be sustained.6. the magistrate suggests that if the conviction under section 19 (f), arms act, be set aside, the accused might be convicted under rule ..... 138 (6), explosives rules, of 1914. it is however at least ..... open to doubt whether the accused is guilty even of any offence under the explosives act or the rules made thereunder. it was held .....
Tag this Judgment!Court : Chennai
Reported in : AIR1950Mad266
..... there is lack of bona fides on the part of the government in resorting to the provisions of the act when the petitioner could have been, if the case for the government were true, prosecuted under section 5, explosive substances act, 1908 (act vi [6] of 1908). 10. after anxious consideration, i am of opinion that the view of ..... horwill j. on the two points is correct. i had occasion to consider the object of the provisions of the madras maintenance of the public order act, 1947, requiring the government ..... i also agree with horwill j. that the fact that the government had abandoned the intention of prosecuting the case initiated against the petitioner under the explosive substances act is undoubted proof that the government did not believe in the truth of the allegation now made. if the government were really serious in the charge .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR555
..... of materials, or in any manner whatsoever, procures, counsels, aids, abets, or is accessory to, the commission of any offence under the explosive substances act is punishable under section 6 of that act.9. the case for the prosecution is simple and clear. accused no. 2 ishwarlal placed orders with the appellant for a certain number of ..... one case the bomb exploded and caused some damage, while in the other two cases there was no explosion. the first was punishable under section 3 and the other two under section 4(a) of the explosive substances act, 1908. under section 234 (2)' offences are of the same kind when they are punishable with the same amount of ..... be guilty and ishwarlal to be not guilty. the learned judge, agreeing with them, acquitted accused no. 2 ishwarlal and convicted the appellant under section 4(b) of the explosive substances act, 1908, and sentenced him to rigorous imprisonment for two years.2. in the months of november and december, 1942, bombs were thrown in different .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
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!Court : Chennai
Reported in : AIR1918Mad264(2); 44Ind.Cas.308
..... government 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.16. ..... district 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 that eminent judge mentioned held ..... to hartley v. rochdale corporation (1908) 2 k.b. 594: 6 l.g.r. 858; geddis v. proprietors of barm reservoir (1878) 3 a.c. 430 reg. v. williams (1884) 9 a.c. 418; gibraltar sanitary commissioners v. orfila (1890) 15 a.c. 400 foreman v. canterbury corporation(1871) 6 q.b. 214; gilbert v. trinity house corporation (1886) .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1290
..... j.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 explosive substances act vi of 1908. the sessions judge has referred the case to us on the ground that the sanction of government for the prosecution of ..... to the institution or entertainment of the prosecution before a court can take cognizance of the offence. but section 7 of the explosive substances act only restrains the court from proceeding to the trial of any person for an offence under the act except with this consent.4. the committal proceedings are only an ' inquiry ' as defined in ..... clause (k) of section 4 of the criminal procedure code, and as is shown by the heading to chapter xviii of the code. an offence under section 4 of the explosive substances act is triable exclusively by a court of session (see schedule ii ' offences against other laws,' criminal procedure code .....
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