Court : Chennai
Decided on : Oct-19-1949
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 : Punjab and Haryana
Decided on : Mar-24-1949
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 : Madhya Pradesh
Decided on : Oct-31-1949
Reported in : 1951CriLJ637
..... were recovered; of these, it is alleged, twenty-four were old. what it meant by old cartridges has not bean explained. the respondent was prosecuted under section 5, indore explosive substances act for being in possession of explosive substances without an explanation that he had them for a lawful object. the learned dist. mag. indore city convicted him under that ..... section & sentenced him to four months' rigorous imprisonment & a fine of rs. 100. on appeal the learned ses. j. acquitted him on the ground that the ..... hotel & believed that they might have be longed to pannalal. this fact cannot be expected to be proved. there can only be his word for it. a ct may act on the explanation of an accused if it believes it to be reasonbly true, see a.i.r. (20) 1933 p.c. 280 (sic) narayana v. emperor .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-28-1949
Reported in : 1950CriLJ61
..... circumstances which i shall notice, the conviction of the appellants majid khan and bundu khan was, in my opinion, almost impossible. they were convicted each under section 4(b), explosive substances act (vi [6] of 1908) and sentenced to five years' rigorous imprisonment by the learned sessions judge of meerut, and they appeal against the same.2 ..... appellants guilty because he found them to be inside the room at the time of the explosion. the question is whether this is at all an adequate ground in law for such a conviction.8. section 4(b), explosive substances act, provides as follows :any person who unlawfully and maliciously makes or has in his possession ..... or under his control any explosive substance with intent by means thereof to endanger life, or cause serious injury to property .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-16-1949
Reported in : AIR1950All369
..... be considered by a bench of two judges.2. the applicants are on their trial for an offence under section 5, explosive substances act. during the course of the trial, was tendered in evidence a report from the inspector of explosives. it was received in evidence and exhibited without any objection on the part of the defence, the result ..... was fixed as the date for the delivery of the judgment in the case. on 2nd august 1949, the assistant government pleader applied that the inspector of explosives be examined under section 540, criminal p. c, for the purpose of formally proving his report. the object of this application was, therefore, clearly to meet a technical objection ..... that the trial was closed when this order was made, and, therefore, the court had no jurisdiction to summon the inspector of explosives as a witness under section 640, criminal p. c. at that stage.4. section 540, criminal p. c., reads as follows:'any court may, at any stage of any enquiry, trial or other proceeding under .....
Tag this Judgment!Court : Privy Council
Decided on : Feb-14-1949
Reported in : AIR1949PC200
..... proceeding inwards. [18] in these circumstances, the chief justice in the supreme court held that these local regulations, coupled with the known and terrible risks of an explosion, constituted " special circumstances " within article 27 of the regulations for preventing collisions at sea "which may render a departure from the above rules necessary in order to ..... and killed about 17,000 of the inhabitants. early in the last world war, a canadian order in council dc 2412, issued under the canadian war measures act, provided for the governmental regulation of navigation within canadian waters, and among other things by cl. 1 required every vessel in those waters to comply with such ..... instead of going astern went ahead for 8 minutes. the trial judge accepted that evidence and bated on it his finding that the order to stop was not acted upon at once. but in the supreme court this conclusion was convincingly analysed and rejected by kellog, j., and their lordships are in full agreement with .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-29-1949
Reported in : AIR1950All277
..... have it under his control. it must be remembered that under these sections of the explosive substances act and arms act, mere possession of incriminating articles constitutes serious criminal offences and there must be in my view mens rea or guilty knowledge before a person ..... assumption that a man possesses everything in the house which he possesses. in my view, however, possession and control required to constitute offences under the explosive substances act and arms act, must mean conscious possession and actual control. a man must know of the existence of something before he can be said to control it or ..... applicant is the head of the family is not sufficient for a finding that sughar singh must have been in possession or control of these articles.7. section 19, arms act, is: 'whoever commits any of the following offences, namely. .......(f) has in his possession or under his control any arms, ammunition or military stores .....
Tag this Judgment!Court : Privy Council
Decided on : Oct-27-1949
Reported in : AIR1950PC39
..... hobson, the respondent's assessor, visited the premises and after doing so said that a very short examination of the large boiler setting showed there bad been a furnace explosion of considerable violence. moreover, mr. watson, the fire loss adjuster for the fire insurance companies which had insured the premises and mr. jones, the alberta provincial boiler ..... it reaches first shall depend the commencement of liability determined with respect to 7th midnight." 6. both accident and object are defined in the policy and admittedly accident includes explosion, and the boiler referred to is an object within the meaning of that term in the policy. 7. the policy also provides : "(f) commencement of liability: ..... the telegram sent by wilkinson to his head office at brown's request in as much as in forwarding the notice he must be held to have been acting on behalf of the appellant company. 11. but these are technical matters and the substance of the case lies rather in the contention as to the true .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-04-1949
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 : Privy Council
Decided on : Apr-11-1949
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!