Court : Allahabad
Reported in : AIR1976All266
..... in a metal cylinder has also been included within the definition of the term 'explosive' as defined in the indian explosives act. this notification runs as follows:'no. m-1272 (1), dated the 28th september, 1938. in exercise of the powers conferred by section 17 of the indian explosives act, 1884 (4 of 1884), the central government is pleased to declare that any gas when compressed in any ..... , 1914 and the rules and notifications issued by the local or provincial governments under the indian explosives act, 1884 prior to the commencement of these rules of 1940 were saved by the saving clause. 7. in exercise of the powers conferred under sections 5 and 7 of the indian explosives act the gas cylinders rules, 1940 have also been made for the purpose of regulating, manufacturing .....
Tag this Judgment!Court : Allahabad
Reported in : (1915)ILR37All289
..... to aim at the restriction of any trade. it is very hard to say that cocaine could be considered to be an 'explosive' or a 'dangerous, filthy, noxious or deleterious substance' within the meaning of the section. no doubt the abuse of cocaine may be followed by very serious consequences, but this, it seems to us, is not ..... henry richards, c.j. and pramada charan banerji, j.1. ismail khan has been convicted under section 60a of the excise act and under section 61 read with section 70 of the post office act. on conviction on the first charge he was fined rs. 200 and on the second one rs. 100, the learned sessions judge, to whom ismail khan ..... therefore, that the accused was wrongly convicted of an offence under the post office act. we think, however, that the sentence under section 60a of the excise act was inadequate. we, therefore, set aside the conviction under section 70 read with section 61 of the post office act and acquit the accused of that offence and remit the fine. we enhance the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1915All273; 28Ind.Cas.655
..... aim at the restriction of any trade. it is very hard to say that cocaine could be considered to be an 'explosive', or a dangerous, filthy, 'noxious' or deleterious 'substance' within the meaning of the section. no doubt the abuse of cocaine may be followed by very serious consequences but this, it seems to us, is not ..... accused had been guilty of an offence under section 60a of the excise act and that he was rightly convicted. so far as the conviction under section 61 read with section 70 of the post office act is concerned, we think that the conviction was not justified by law. section 70 of the post office act, vi of 1898, provides that any ..... therefore, that the accused was wrongly convicted of an offence under the post office act. we think, however, that the sentence under section 60a of the excise act was inadequate. we, therefore, set aside the conviction under section 70 read with section 61 of the post office act and acquit the accused of that offence and remit the fine. we enhance .....
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 .....
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 : 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 : Allahabad
Reported in : AIR1932All18; 136Ind.Cas.91
..... office act (act 6 of 1898), under the explosive substances act, (act 6 of 1908) or the police act (act 5 of 1861) or under the registration act became also offences under the penal code. in these acts, the abetment of certain offences has been provided for as a substantive offence. we refer to section 59, excise act, to section 70, post office act, section 12, explosives act, section 6, explosive substances act, section 82, registration act and section 36, police act. if ..... therefore we read section 40 in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All927; 152Ind.Cas.881
..... no charge need be framed.4. this shows that the procedure should be that of a warrant case, and accordingly i consider that the procedure of section 30 of the evidence act would apply. the objection was taken that there was little evidence to support the confession of khub singh. the court below mentions that 39 witnesses were called ..... . on reference to the certificate of the chemical examiner f find that learned counsel is not accurate. the certificate states that sodium may be used to cause an explosion within a closed receptacle and that sulphuric acid (strong) la used as one of the constituents in certain types of bombs. further it is obvious that sulphuric acid ..... is a criminal revision filed on behalf of three persons, richpal singh, khub singh and shiamsundar lal who have been required to furnish security by a magistrate under section 110(f), cr.p.c. for a period of three years and on a reference the learned sessions judge has sentenced them to imprisonment on failure to furnish .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All982; 153Ind.Cas.147
..... the evidence on the record justifies the conviction of the appellant, i should dispose of certain questions of law advanced by learned counsel. it is said that because of section 7, explosive substances act, the learned magistrate who committed the accused to the court of session should not have taken cognizance of the case without the consent of the local government. that ..... as well. moreover, even if the learned sessions judge had not framed a charge under section 5, explosive substances act, he could, under the provisions of section 237 criminal p.c., have convicted the appellant under section 5, although he was charged under section 4-b alone. i am therefore of the opinion that there is no force in the two contentions of law ..... bajpai, j.1. this is an appeal by nathu ram who has been convicted under section 5, explosive substances act (6 of 1908), by the assistant sessions judge of etawah and sentenced to four years' and six months' r.i. mr. k.n. agarwala appearing on behalf of the .....
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!