Court : Kolkata
Reported in : 13Ind.Cas.721
..... him to be arrested on (he ground that they reasonably believed him to be accessory under section g of the explosive substaticas act, 1908, but that they arrested or caused him to be arrested under section 5 of the same act.313. section 5 of the act is in the following terms: 'any person who knowingly has in his possession or under his ..... joint family residence, be liable to be imprisoned and tried for an offence under the explosive substances act is not, in my opinion, the law. section 5 of the explosive substances act only applies when a person has in his possession or under his control an explosive substance. though doubtless when once it is established that a person has in his possession ..... about 68 years of age. he appeared to me to be older. he was formerly in government service as a sub-registrar of deeds--but in the year 1884 his services were dispensed with owing to his having returned to the person presenting the same a deed which was believed to be forged.4. since the year 1881 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1944Mad302
..... that this argument must be accepted. the vital factor is that accused 1 supplied accused 2 with only one packet of gelignite i. e., with enough explosive to commit only one act of destruction, and it is very explicitly stated in accused 2's confession that when accused l and accused 2 met on 12th november they agreed ..... supply ' another pair of bullocks' which according to the prosecution case, which we accept, means some further explosive substances. the question we have to decide is whether this letter is evidence against accused 1 under the provisions of section 10, evidence act. it is argued for accused 1 that it is not, and reliance is placed for this contention upon ..... of an umbrella. some pieces of cloth were attached to the outer end of the fuse, and they were found burnt but the fuse had failed to act, and therefore no explosion had occurred. the question to be determined is how far the various appellants have been proved to have been concerned with making that attempt.2. the .....
Tag this Judgment!Court : Kolkata
Reported in : (1899)ILR26Cal465
..... evidence on behalf of the plaintiff with the consent of the defendants' counsel. they would probably be evidence as to the actual facts stated in them under section 35 of the evidence act. it was contended that as in some of these letters phrases like 'surreptitiously carried' or 'clandestinely carried' occurred, they ought to be taken as ..... carried in a compartment where they allowed smoking54. section 47 of the indian railways act, 1890, empowers the company to make rules, ..... of persons using their lines--story on bailments, 8th edition, section 601. there is both a common law and a statutory duty east on them. their duty as to explosives would be incumbent on them apart from any statute; and how can it be said that they acted consistently with their duty when they allowed gunpowder to be .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal594
..... stolen; he held that they were all engaged in possessing and preparing dangerous explosive substances contrary to the provisions of section 5, explosive substances act, and they all entered into a conspiracy to offend against section 411, i.p. c, arms act, and the explosive substances act. at the hearing of these appeals, mr. talukdar, who appears for accused ..... magistrate under ordinance 11 of 1931 in the district of mymensingh. they were charged with various offences under section 411, i.p.c., under sections 19(f) and 20, arms act, and under section 5, explosive substances act, and there was also a charge of conspiracy against them all having reference to the offences indicated by ..... do not understand how a person can be convicted both under sections 20 and 19(f), arms act, in respect of the same revolver. so, separate convictions under section 19(f) may be eliminated. he has been given five years under section 5, explosive substances act, and he has been given seven years on the conspiracy .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1949CriLJ834
..... with section 302 of the code ..... b. 19 (c), arms act cr in the alternative under section 114, penal code read with section 19(c), arms act,, under section 19 (f), arum act, under section 5, explosive substances act cr in the alternative under section 5, explosive substances act read with section 6 of the act, under section 4(b), explosive substances act read with section 6 of the act, under b. 6, explosive sub-stances act read with section 6 of the act, under section 115, penal code read .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal265
..... amrita lal hazra v. king-emperor [1915] 42 cal. 957, where the accused was charged with conspiracy to possess explosive substances under section 120b i.p.c., and section 4 of the explosive substances act (6 of 1908). it was there, as here, argued that the explosive substances not being in existence, the charge was bad. their lordships after an exhaustive consideration of the authorities observed ..... that where the illegal act charged under section 120b is the unlawful and malicious possession of explosive substances, it is not essential to specify in the charge the explosive substance which the accused have conspired, to have in their possession or under their control; and that a person .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR848
..... his version that he wanted to send for those books. it may be perfectly correct. he has discussed the bombs and he may be desirous of discussing the explosives act in some form or another in his newspaper,25. gentlemen, i am afraid, i have detained you longer than i in tended to do. the case is ..... the government established by law in british india, excites or attempts to excite, as the case may be, feelings of ' disaffection' as that term is used in section 124a no matter how guardedly he may attempt to conceal his real object. it is obvious that feelings of hatred dislike, ill-will, enmity, or hostility towards the ..... against the accused are offences of a public or political nature ; and in order to guard against frivolous or vexatious prosecutions started by irresponsible parties under this section the law guards and protects journalists, publicists, and public speakers from such frivolous or vexatious prosecutions by providing that no such prosecution shall be undertaken except with the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad608; (1943)2MLJ170
..... in which the local inspection should be made. this indicates that if an inspection is to be made, it is to be made by the commissioner only. section 25 of the act provides that the commissioner shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds and that such ..... report the revenue divisional officer states that more than fifty persons were not employed on any day during the twelve months preceding the date of the accident, and that explosives were not used on any day during the same period and he then goes on to say,the depth of the excavation from its highest to its lowest point ..... than 50 persons were not employed in the quarry on any day within the preceding 12 months and that no explosives were used. the question therefore whether the applicant's husband was a workman within the meaning of the act turned on the question whether the excavation from its highest to its lowest point exceeded twenty feet. curiously enough .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1948Bom133; (1947)49BOMLR736
..... unless it was corroborated by documents which were incontrovertible. in view of this state of evidence, it is desirable to try and discover some documentary evidence which might act as a sure and clear pointer to where the truth lies. fortunately in this case that pointer is supplied by documentary evidence of the most clear and cogent character ..... trial judge came to the conclusion that the agreement to insure was not proved, though he came to the conclusion, with which i agree, that the plaintiffs' firm acted as the commission agents for the defendants, and further, after discussing the various additional expenses which would be incurred by reason of the introduction of the permit system, such ..... no. xxxii of 1944. that section bars any suit whether in contract or in tort or otherwise to any compensation or damages for any loss of any property due to or in any way arising out of the explosion. now in my opinion the defendants' claim does not arise out of the explosion nor is it in any way .....
Tag this Judgment!Court : Allahabad
Reported in : (1921)ILR43All623; 64Ind.Cas.868
..... so, they did it on their own responsibility. it is contended on behalf of the railway company that the goods could not have been sent under the indian explosives act (iv of 1884) without prepayment having been made for their despatch; but the plaintiff had paid what he was asked to pay at the time when the consignment was accepted, and ..... of the delivery of the consignment, if it was found that by some mistake of the clerk concerned an under-charge had been made.13. under section 72 of the indian railways act the position of the railway company carrying goods for another, is that of a bailee; and it is bound to carry the goods under ordinary circumstances ..... evidence showed that the contracting party had been led into an honest belief in the existence of the authority to the extent apparent to him. illustration (a) appended to section 237 states that where a person consigns goods to another person for sale and gives him instructions not to sell under the fixed price, and a third person, being .....
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