Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: privy council Year: 1949 Page 36 of about 456 results (0.019 seconds)

Mohammad Ismail Vs. Nurul Hasan and ors.

Court : Allahabad

Reported in : AIR1949All553

..... claimed by a grove-holder, namely, the ownership of the trees. this relief could be claimed in the revenue court by virtue of the provisions of section 206, clause (f) read with section 59, u.p. tenancy act. in the relief claimed in the plaint, it is not specifically mentioned that the plaintiff was a grove-holder. that is, however, immaterial, as, in .....

Mangal Singh and ors. Vs. Rex.

Court : Allahabad

Reported in : 1949CriLJ923

..... charged with extortion and abetment thereof, and consequently the learned sessions judge had no power, by resorting to section 237, to convert the convictions to those under section 384 and section 334/114.11. the powers of this court, acting in revision, are the same as those of an appellate court, and what i have stated above prevents ..... in support of this contention. there is nothing in the code of criminal procedure to support it, the law about the result of investigation is contained in section 173 of the code which requires that the officer, after finishing the investigation, must forward to the magistrate concerned a report in the prescribed form through the ..... me from recording convictions against the applicants under section 379 and s3. 379/114 in place of those recorded by .....

Balaram Rai and ors. Vs. Mt. Ichha Patrani and ors.

Court : Orissa

Reported in : AIR1950Ori225

Panigrahi, J.1. The plaintiffs, who have lost in both the Courts below, are the sons of one Fakir Charan Rai who held a revenue-free or muafi grant of the village of Nunia Jampalli in Bargarh Sub. Division of Samblpur district. The defendants are purchasers of Fakir's interest at a court sale in execution of a money decree obtained against the plaintiffs' father.2. The plaintiffs alleged that the village of Nunia Jampalli was granted by HaharajaChhatar Sai to the family of one Lambodar Bai, an ancestor of the plaintiffs, on a permanent and hereditary tenure for doing pujaseba, in the temple of Sri Samaleawari at Samblpur. It is alleged that the grant being one burdened with service and being a Denottar grant, is inalienable and that the court sale in execution of a decree obtained against the plaintiffs' father is void. The plaintiffs admit that the village was being enjoyed in three shares, i.e., an 8 annas share belonging to one Joydeb Bai, a 5 annag 4 pies share belonging to Fakir B...

Amru S/O Rakha Vs. the Crown

Court : Punjab and Haryana

Reported in : AIR1950P& H159; 1950CriLJ747

Kapur, J.1. This is an appeal by Amru, aged 18, who has been convicted and sentenced to transportation for life by the Additional Sessions Judge, Jullundur.2. On 23rd June 1944, at about sunset, Amru convict and Ratan Singh attacked the deceased Bhola near the shops of Chhaju and Bebari, who are prosecution witnesses in this case, using a kirpan and a barchha. Bhola had as many as 24 injuries and according to the doctor he must have died almost instantaneously. The first) information report was lodged by Sucheta a bro- ther of the deceased, on the same day at about 11-30 p. M. Ratan 8ingh was arrested but Amru absconded. Ratan Singh was tried and sentenced to death and that sentence was confirmed by the High Court at Lahore. Amru was arrested later on and he was put up for trial before the learned Additional Sessions Judge of Jullundur and was convicted as I have said before and sentenced to transportation for life.3. The motive for the crime is stated to be the gift by a widow Mahan K...

C.S. Nataraja Pillai (Now Deceased) and Another Vs. C.S. Subbaraya Che ...

Court : Privy Council

..... parties, their application to intervene therein having been rejected. but in spite of this their lordships are of opinion that it is admissible under s. 13, evidence act. the weight to be given to it must depend on all the circumstances although their lordships do not accept the view held, apparently, by the high court ..... adoption. there were, in their lordships' view, a number of circumstances in the contemporaneous and subsequent behaviour of the parties from which the performance of the necessary acts could be and was properly inferred, particularly in dealing with events which had taken place as long ago as 1906. reliance was placed by the appellants on ..... viz., (1) that the court accepted the deed of adoption executed by vasavambal as proving the fact of adoption, whereas evidence should have been given that the acts necessary for a valid adoption, in particular the physical giving and acceptance of the adoptive child, were performed; (2) that on its true construction the deed of .....

The Raghuvanshi Mills, Ltd. Vs. the Commissioner of Income-tax

Court : Mumbai

Reported in : (1949)51BOMLR675

..... statute. but as i read the judgment of the privy council, it is not on the construction of any particular section that these observations of the privy council are based. the privy council has laid down a general principle which is as much applicable to the british columbia taxation ..... as the risk insured against materialized.4. sir jamshedji has attempted to distinguish this case on the ground that the privy council was considering the british columbia taxation act and it would be unwise to apply those observations of the privy council based upon the construction of one taxation statute to the provisions of a different taxation ..... act as to our own income-tax act, because the definition of 'income' under our act is a very wide one and it covers innumerable cases. i am, therefore, of the opinion that the amount received by .....

Emperor Vs. Jhaverilal Maganlal

Court : Mumbai

Reported in : (1949)51BOMLR991

..... a more general word used by the legislature in that very definition.3. therefore, in our opinion, the expression 'loan' used by the legislature and as defined by section 2(9) covers a loan which is secured as well as a loan which is unsecured, and it is immaterial whether the lender advances money on security which fully covers ..... law. as a matter of fact he called upon responsible authorities on several occasions to elucidate the meaning of the expression 'loan' as used in the money-lenders' act, and the accused has also fought this case more as a test case than anything else. he wanted an authoritative pronouncement of the court as to what the true ..... applicant before us carried on the business of a money lender without obtaining a license and without keeping and maintaining the accounts as required by the bombay money-lenders' act xxxi of 1947. the contention of the accused was that he advanced moneys only on security and that he took security which was sufficient to cover the whole of .....

Nura and ors. Vs. Rex

Court : Allahabad

Reported in : AIR1949All710; 1950CriLJ29

..... taken to harsauli, although on the way these appellants forcibly compelled her to go with ibrahim to his house in village kaserwa.13. from the definition embodied in section 362, penal code, it would appear that the main ingredient of the offence of abduction is that the accused should have 'by force compelled any person to ..... , in the absence of some corroborative evidence, should be accepted, where the charge is one of rape. i, therefore, set aside the conviction of azimuddin appellant under section 376 of penal code, also and acquit him.12. the position with regard to nura, karma and ibrahim is. among themselves very nearly the same. the first two ..... 1915 all. 390 : 16 cr.l.j. 663.10. learned counsel appearing for the prosecution contended that azimuddin's conviction might be affirmed under the later part of section 366. to convict a person under that part it is essential that he is found to have practised some 'criminal intimidation' or employed 'any othes method of compulsion.' .....

Babu Vs. Rex.

Court : Allahabad

Reported in : 1949CriLJ944

..... also which prima facie would not be likely. but apart from any question of intention, if the accused knew that he was likely, by hifl act, to destroy any neighbouring houses, an offence under section 436, penal code would be oomplete. in the present case, as i have said, there being other houses closeby, the accused must be ..... which has now been held by the pull bench decision, referred to above, as legally insufficient. the appellant, therefore, could not, in my opinion, be convicted under sections 6 and 18 of the act.10. the question now is what course i should adopt. the magistrate himself had the right to convict the appellant within the provisions of ..... refused to order his retrial.11. i, therefore, allow this appeal in so far as the appellant's conviction under sections 6 and 18, u. p. act xxiv [24] of 1947 is concerned, and maintain his conviction only under section 456, penal code reducing the term of imprisonment to the period already undergone, and, at the same time, setting aside .....

Mangal Singh and ors. Vs. Rex

Court : Allahabad

Reported in : AIR1949All599

..... have been charged with extortion and abetment thereof, and consequently the learned sessions judge had no power, by resorting to section 237, to convert the convictions to those under section 384 and section 384/114.11. the powers of this court, acting in revision, are the same as those of an appellate court, and what i have stated above prevents me ..... or by a court of revision in place of a conviction under section 411 is section 237, criminal p.c., if at all. section 237 applies only in a case which is governed by section 236, criminal p.c. it is to the effect that:if a series of acts is of such a nature that it is doubtful which of several ..... from recording convictions against the applicants under section 379 and sections 379/114 in place of those recorded by the courts below. the .....