Court : Chennai
Reported in : AIR1930Mad55; 121Ind.Cas.849; (1929)57MLJ71
..... or offensive, in this town. it is four times what is charged for licensing places for storing such dangerous things as nitro-glycerine, fulminate of mercury and other explosives. it is many times the fee charged for storing fire-works. on the calculations which mr. rangaswami aiyangar has made it appears that, before this change in the ..... this licence with the fees for other matters which entail much greater expense and trouble on the corporation, such as fees for stables, dairies and storing skins and explosives, we find that the fee for storing spirits is by far the highest although those other matters entail much greater trouble and are more dangerous and offensive to ..... chapter v deals with taxation and enumerates the several taxes which the council is empowered to levy. licences are dealt with in part iv of the act and are leviable under section 287. the power to levy fees for licences is given in the chapter on procedure. there can be little doubt that there is great difference between .....
Tag this Judgment!Court : Chennai
Reported in : AIR1930Mad678
..... to us on a reference by the learned sessions judge of ganjam in which reference he recommends that the conviction of a man named chidamabaram for an act in contravention of rule 35, explosives rules, 1914 and the fine of rs. 50 imposed upon him should be set aside. the facts of the case are that a certain firm had ..... paying the money into a bank. he got the railway receipt and received the goods on 8th august 1927. he was thereafter charged with an act in contravention of rule 35, namely, being in possession of explosives not in accordance with the conditions of the license granted under the rules for possession. he had a license entitling him to have ..... railway receipt was taken of these articles as fireworks by the accused, it was tantamount to an admission that the articles in the consignment were articles coming within the explosives rules. the learned sessions judge has taken the view that the prosecution had not proved the case that there had been any contravention of rule 35 by the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad497; (1931)61MLJ748
..... burning bricks or tiles, certainly a very objectionable process within a town. the fee is more than rs. 7-8-0 for a place used for storage of explosive or combustible materials or for the manufacture of anything from which offensive or unwholesome smell arises. these examples, i think, are enough to impose on the municipal council the ..... city. some comparison was instituted between the magnitude of this fee and fees charged in respect of licensing such places as stables, dairies and premises for storing skins and explosives, all of which were much lower.3. whether a fee is or is not unreasonable must of course be decided upon the special circumstances of each case, but ..... of the council was ultra vires, all question of the power of the court to interfere disappears. had the purpose of section 354 (2) been to bar any suit so long as the provisions of the act had been formally complied with, which is virtually the argument of the learned advocate for the appellant, the proviso relating to .....
Tag this Judgment!Court : Chennai
Reported in : (1931)61MLJ854
..... he or they were in actual possession of the things recovered whether they be stolen property under the penal code or arms under the arms act or bombs under the explosive substances act or opium under the opium act. possession implies both animus or knowledge and control [amrita lal hazra v. emperor (1915) i.l.r. 42 c. 957.] where the facts proved leave ..... orderkrishnan pandalai, j.1. the petitioners, husband and wife, were convicted under the opium act (i of 1878) of illicit possession of 17 tolas of opium. the evidence against them was that at a search conducted by the excise assistant inspector assisted by the local .....
Tag this Judgment!Court : Chennai
Reported in : AIR1932Mad320
orderwallace, j.1. there can be no doubt that, under the amendments to rules 3 and 10 under the explosives act even throw downs' and chinese crackers are explosives.' the previous rulings of this court to the contrary were based on an oversight of the amendments, and cannot be regarded as now applicable.2. technically then, the petitioner is guilty of the offence. but in the circumstances petitioner may be forgiven for not possessing more knowledge on the point than learned judges of the high court. it would have been sufficient if he had been warned not to repeat the offence. that i cannot do now, as he is absent. the fine is reduced to rupee one. the balance if paid will be refunded.
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad606; 157Ind.Cas.991
..... accident happens through its defective state. putting it on the other ground, according to the evidence of the defendants' servant, some of the crackers fell down and caused the explosion. clearly, crackers do not fall from a shelf unless they are insecurely placed upon it and to place them in that manner upon the shelf is a negligent ..... for damages which were caused by that fire. the plaintiff called no evidence. indeed it would be very difficult for the plaintiff affirmatively to give any evidence of specific acts of negligence; all he was able to say was that the tire broke out in the defendant's shop and, but for one paragraph in the written statement he ..... act; and it does not matter whether it was the negligent act of the defendant's servant or his own directly, the defendant is equally liable. quite apart from these reasons, fireworks are dangerous things to .....
Tag this Judgment!Court : Chennai
Reported in : (1935)69MLJ218
..... happens through its defective state. putting it on the other ground, according to the evidence of the defendant's servant, some of the crackers fell down and caused the explosion. clearly, crackers do not fall from a shelf unless they are insecurely placed upon it and to place them in that manner upon the shelf is a negligent ..... defendant for damages which were caused by that fire. the plaintiff called no evidence. indeed it would be very difficult for the plaintiff affirmatively to give any evidence of specific acts of negligence - all he was able to say was that the fire broke out in the defendant's shop and, but for one paragraph in the written statement, he ..... act; and it does not matter whether it was the negligent act of the defendant's servant or his own directly, the defendant is equally liable. quite apart from these reasons, fireworks are dangerous-things to .....
Tag this Judgment!Court : Chennai
Reported in : (1936)70MLJ592
..... the condition - and that therefore, the insurance company, when sued on the policy, was not estopped from contending by way of defence, that the loss was caused by an explosion. on behalf of the respondents, reliance is placed on a passage contained in halsbury's laws of england, vol. xiii p. 472, wherein it is observed that,while a true ..... that an admission on a point of law is not an admission of a 'thing' so as to make the admission matter of estoppel within the meaning of section 115 of the evidence act. that was a case in which the plaintiff admitted in mutation proceedings that he and certain of the defendants were owners of the suit property in equal shares ..... from a fire would be covered, except for loss or damage as specified in the condition, and the manufacturers understood the qualification to refer only to an explosion due to hostile action. it was held that the representation by the agent was a representation, not of fact, but of law, - namely, as to the meaning and effect of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad1062; 161Ind.Cas.682
..... the condition--and that therefore, the insurance company, when sued on the policy, was not estopped from contending by way of defence, that the loss was caused by an explosion. on behalf of the respondents, reliance is placed on a passage contained in halsbury's laws of england, vol. xiii, p. 472, wherein it is observed that:while a true ..... that an admission on a point of law is not an admission of a 'thing' so as to make the admission matter of estoppel within the meaning of section 115 of the evidence act. that was a case in which the plaintiff admitted in mutation proceedings that he and certain of the defendants were owners of the suit property in equal shares ..... from a fire would be covered, except for loss or damage as specified in the condition, and the manufacturers understood the qualification to refer only to an explosion due to hostile action. it was held that the representation by the agent was a representation, not of fact, but of law, namely, as to the meaning and effect of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad508; 163Ind.Cas.493; (1936)70MLJ608
..... designation of dangerous goods and in so loading the servants of the railway company acted negligently in such a manner as to make their act amount to misconduct. the railway companyhave published rules in regard to explosives and other dangerous goods which they undertake to carry. section 47 of the railways act provides that the railway company is empowered to make general rules for declaring ..... what shall be deemed to be, for the purposes of this act, dangerous or offensive goods, and for regulating the carriage of such goods. under .....
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