Court : Allahabad
Reported in : AIR1955All688
..... crop of civil as well as criminal litigation, the result of the grant of the above relief in the present case would be to create a situation that would be explosive and fraught with danger.it is bound to lead to a position in which a violent clash between the parties might take place any moment with the result that no ..... the prayer with the first congregation or with the second congregation. it has been agreeable to all muslims, and all the muslims of makka, madina, baitulmoqaddas, egypt, and sham have acted upon this principle. those, who do contrary, are not reliable.'it is noteworthy that in the above passage the position envisaged appears to be that of an agreement voluntarily entered .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All518; 1959CriLJ1134
..... kulshareshtha, who was an inspector of the c. i. d. (investigation branch), in connection with a crime under section 307 i. p. code and section 5 of the indian explosives act.it may be mentioned that this case related to the bomb explosion which had occurred on 30-4-1956, in village behtar, police station achalganj, district unnao, in which ram ..... allow evidence to be put in a form in which it can prove itself under sections 74 and 80, evidence act their lordships are satisfied that the scope and extent of the section is far other than this, and that it is a section conferring powers on magistrates and delimiting them. it is also to be observed that, ..... lordships' view it would be particularly unfortunate if magistrates were asked at all generally to act rather as police officers than as judicial persons; to be by reason of their position freed from the disability that attaches to police officers under section 162 of the code; and to be at the same time freed, notwithstanding their position .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All376; 1960CriLJ779
..... convict him for that offence.5. the matter is a serious one and i consider that the applicant must be tried for the offence of section 5(3)(a) and (b) of the explosives act even though it means that he would have to undergo trial second time.6. i set aside the applicant's conviction and sentence and acquit ..... him of the offence' of section 5 of the explosive substances act but order his retrial for the offence of section 5(3)(a) and (b) of the explosives act. a fresh charge for the offence shall be framed against the applicant and fresh evidence shall be recorded. ..... court could not take cognizance of the offence.4. the applicant seems to be guilty under section 5(3)(a) or (b) for manufacturing an explosive or possessing or transporting an explosive or doing all the acts, in contravention of the rules made under the explosives act. i do not know why he was not prosecuted for this offence, the prosecution for which .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All79; 1961CriLJ199; (1960)IILLJ379All; (1960)IILLJ379All
..... employer to maintain certain registers. rule 15 requires the employers to maintain an inspector's visit and inspection book. the word 'employer' has been defined in the act (section 2 sub-section (6)) as follows ;' 'employer' means a person having charge of or owning the business of a shop or commercial establishment and includes the manager, agent ..... 'smalls' and in wagon loads) in local and through booking both inward and outward (except live stock, coal and goods in bulk or loose, dangerous and explosive goods and arms and ammunition) between the said city booking agency and all stations on the northern railway and other connected railways and city booking and out agencies with ..... can be an employer he must either be owning or be incharge of the business of either a shop or a commercial establishment. clause (12) of section 2 of the act defines 'shop' to mean as follows:' 'shop' means any premises where any wholesale or retail trade or business is carried on and includes all offices, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All52; (1961)IILLJ708All
..... the modern welfare state which is implied under articles 38 39, and 43. history has proved that discontent among industrial workers can be explosive enough to disrupt the state. the industrial disputes act has made a deep inroad into the doctrine of freedom of contract, and provides for compulsory settlement of industrial disputes between employers and ..... on several decisions of the bombay high court. i shall examine these decisions presently. i propose first to examine the provisions of the payment of wages act itself, section 15(2) provides in effect that where any deduction has been made from the wages of an employed person or any payment of wages has been delayed ..... . this was a material irregularity which had resulted in injustice to the railway and called for interference by this court in the exercise of its revisional jurisdiction under section 115 c. p. c. 4. mr. radha krishna, learned counsel for the employee who argued this case with his usual thoroughness, contended that there was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All15; 1965CriLJ1
..... under section 5 of the explosive substances act as well as section 5 of the explosives act. while the state has acquiesced in his acquittal under section 5 of the explosives act it has challenged his acquittal under section 5 of the explosive substances act.2. the facts relating to the recovery or country made bomb material from the ..... -1962 passed by the assistant sessions judge, meerut, acquitting ram pal respondent under section 5 or the explosive substances act. the respondent was tried for offences under section 5 of the explosive substances act as also under sections 5 and 6 of the explosives act. he was convicted of the offence under section 6 of the explosives act and sentenced to one year's rigorous imprisonment but was acquitted of the charges .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All580; 1967CriLJ1588
..... the burden to prove that the accused persons knew that the ammunition was defective lay on the accused persons themselves. for that proposition he relied on section 106 of the indian evidence act.17. the case of air 1958 all 677 is, therefore, clearly distinguishable from the facts of the present case. the gun had been fired from ..... and bhagwandincould also be present at the time of the occurrence to exhort other accused persons. he, therefore, convicted the three accused persons who were armed with firearms under sections 148 i. p. c. and 307 i. p. c. he sentenced them to two years' rigorous imprisonment for the offence of rioting and to five years' rigorous ..... except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing, or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any explosive substance or by means of any substance .....
Tag this Judgment!Court : Allahabad
Reported in : [1968]21STC124(All)
..... stimulates breathing, and carbon dioxide is also used in cases of poisoning and collapse for restoring respiration. liquid oxygen mixed with powdered charcoal has been used as an explosive.'-vide, inorganic chemistry by partington. therefore, whether the assessee produces oxygen by the industrial process or fractional distillation of liquid air, the fact remains that oxygen can ..... under the powers conferred by section 3-a of the u.p. sales tax act, 1948, and which provides for a reduced rate of tax at the rate of three pies per rupee in respect of medicines or medicinal ..... manufactured by the assessee is a chemical or a medicine. the learned judge (revisions) has in framing the question considered that medicines would fall to be assessed under section 3, that is, under the general classification. there is, however, a notification no. st-3504/x, dated 10th may, 1956, which again is one issued .....
Tag this Judgment!Court : Allahabad
Reported in : [1968]21STC127(All)
..... was meant to supersede any other notification. it does not bring into the categories of taxable commodities those items which had been already exempted from the provisions of section 3 of the act. it would, therefore, be more reasonable to infer that whatever could be included in 'chemicals of all kinds', meant to be dealt with by the subsequent ..... realised that nitrate had commercial value, whether jesuit priests or thaddeus haenke, the german explorer. with recognition of its value as a fertilizer and in the manufacture of explosives, exportation began in 1830s; by 1860 a flourishing business had been established.5. the contention was that the natural deposits of chilean nitrate were not the result of ..... a great number of cases, whether the prior law be an express statute as in hawkins v. gathercole (1855) 6 d.m. & g. 1; seward v. vera cruz (1884) 10 app. gas. 59 at p. 68; or be the underlying common or customary law of the country : heydon's case, (1584) 3 rep. 7a; river wear commissioners .....
Tag this Judgment!Court : Allahabad
Reported in : (1875)ILR1All60
..... a knowledge of the highly explosive character of the preparation, he omitted a precaution which his own practice proves he considered reasonable to preclude the risk of accident.4. the sum awarded to ..... by thrown down and hurt; it was held the defendant was liable to make compensation for the injury sustained by the plaintiff.3. furthermore, assuming that the explosion was spontaneous, it could not have occurred had the appellant followed the practice he had hitherto pursued of sending the ingredients of the powder in separate bottles. with ..... place between him and mr. pollard, and it was incumbent on him, both on the general principles of law, and by the special provisions of the railway companies act, xviii of 1854, to give notice of its contents to the company's servants. had such notice been given, looking to the evidence of the station-master, .....
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