Court : Chennai
Reported in : AIR1936Mad980; 166Ind.Cas.360
..... rao however argued that as a matter of law, apart from any intention of the parties, this must be the result. he referred to a passage in reid v. explosives co. (1887) 19 q b d 264, as supporting the proposition that when once the court takes charge of the property in a suit by the appointment of a receiver ..... , as to the ways in which an agent's authority may be terminated. the statement here is in substance the same as that contained in section 201, contract act read along with the provisions of section 56, as to the circumstances in which a contract becomes unlawful. there is no suggestion in the present case that the business of the agency ..... against the heirs of his agent. the only point for determination is a question of limitation. there has been some difference of opinion as to whether article 89, limitation act is to be applied only to suits for accounts instituted against the agent himself and not to suits instituted against his heirs; but as in the present case the application .....
Tag this Judgment!Court : Chennai
Reported in : AIR1939Mad168; (1938)1MLJ426
..... excellency the governor cannot be deemed to be an order of the local government. the argument is that as the order purports to be made not only under section 7 of the explosive substances act but also under para. 8 of the india and burma (transitory provisions) order, 1937, and it must be held that the consent to the prosecution ..... by the government. it is however not necessary to deal with this point finally because even if the point is sound and the prosecution and trial under section 3 of the explosive substances act are deemed to have been invalid for want of valid sanction or consent, the fact remains that the appellant has been convicted of an offence under ..... objection was taken in the court below and the same objection was repeated in appeal to the validity of the consent given to the prosecution under section 7 of the explosive substances act (vi of 1908) by the government in ex. r, which is the government order on the point. it is contended that this order being one which purports .....
Tag this Judgment!Court : Chennai
Reported in : AIR1940Mad284
orderlakshmana rao, j.1. the definition of 'explosive' in section 4, explosives act, is wide enough to include electric sparklets and the exemption of 'toy fireworks' was removed by the amendment of the rules in 1917. the conviction is therefore correct but in view of the order of forfeiture, the fine is excessive. it is therefore reduced to rs. 25 and the excess of fine if levied will be refunded-otherwise this petition is dismissed.
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad135; (1942)2MLJ555
..... with great readiness. this conclusion is confirmed by the fact that in the district municipalities act timber and hay are expressly provided for despite the fact that explosives and combustible materials are also mentioned under another heading.4. the selling of firewood and hay without licenses are not therefore ..... something capable of or used for burning. most things are combustible if sufficient heat is applied; but the association in clause (n) of combustible materials with explosives suggests that the legislature did not intend to give the expression 'combustible material' a very wide meaning; but to confine it to things that burn spontaneously or ..... that it is no offence to sell firewood or hay without license.2. section 193 of the local boards act makes punishable the selling or storing without license of articles mentioned in schedule vii of the act. schedule vii of the act does not however include either firewood or hay. in this respect it differs .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad608; (1943)2MLJ170
..... in which the local inspection should be made. this indicates that if an inspection is to be made, it is to be made by the commissioner only. section 25 of the act provides that the commissioner shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds and that such ..... report the revenue divisional officer states that more than fifty persons were not employed on any day during the twelve months preceding the date of the accident, and that explosives were not used on any day during the same period and he then goes on to say,the depth of the excavation from its highest to its lowest point ..... than 50 persons were not employed in the quarry on any day within the preceding 12 months and that no explosives were used. the question therefore whether the applicant's husband was a workman within the meaning of the act turned on the question whether the excavation from its highest to its lowest point exceeded twenty feet. curiously enough .....
Tag this Judgment!Court : Chennai
Reported in : (1943)2MLJ634
..... ? we think that it is.15. the only case which remains to be considered is that of the thirteenth accused, who has been sentenced under section 5 of the explosive substances act, 1908. in a statement made under section 162, criminal procedure code, the thirteenth accused said that after the occurrence he met the twelfth accused at the air raid precaution post in south veli street ..... each of these charges to undergo five years' rigorous imprisonment. the ninth and sixteenth accused were also convicted under these sections and under section 5 of the explosive substances act. their sentences were the same, except that in respect of the conviction under the explosive substances act, the sentence was of three years' rigorous imprisonment. the thirteenth accused was merely found guilty of an offence under .....
Tag this Judgment!Court : Chennai
Reported in : AIR1944Mad302
..... that this argument must be accepted. the vital factor is that accused 1 supplied accused 2 with only one packet of gelignite i. e., with enough explosive to commit only one act of destruction, and it is very explicitly stated in accused 2's confession that when accused l and accused 2 met on 12th november they agreed ..... supply ' another pair of bullocks' which according to the prosecution case, which we accept, means some further explosive substances. the question we have to decide is whether this letter is evidence against accused 1 under the provisions of section 10, evidence act. it is argued for accused 1 that it is not, and reliance is placed for this contention upon ..... of an umbrella. some pieces of cloth were attached to the outer end of the fuse, and they were found burnt but the fuse had failed to act, and therefore no explosion had occurred. the question to be determined is how far the various appellants have been proved to have been concerned with making that attempt.2. the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1946Mad45; (1945)2MLJ414
..... india rules and not under section 17 of the explosives act. all that is urged before me is whether this phosphorus can be said to be a material used or intended ..... phosphorus and yellow phosphorus ' are declared as explosive substances. in these two g. os. all that is stated is that they can be used in the manufacture of explosives and therefore it is necessary to restrict the possession of such articles by individuals; but it cannot amount to a notification under section 17 of the explosives act, 1884. further this notification was under the defence of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1947Mad451; (1947)2MLJ102
..... inspected the site where the gun powder was stored. the taluk magistrate found that only 30 lbs. were in store at the place mentioned in the licence under the indian explosive act; but in the shop there were besides the s.b.b.l. gun 17/8 lbs. of gun powder. the taluk magistrate reported the matter to the authorities and ..... is admitted that there is no such sanction in the present case because the view upon which the prosecution has throughout acted is that section 21 of the arms act is applicable and not section 14 and for a prosecution under section 21 no such sanction is required. the question that falls to be decided in this case is whether when a licensee ..... possesses more gun powder than is mentioned in his gun licence, he commits an offence under section 14 or under section 21 of the indian arms act.4. section 14 runs thus:no person shall have in his possession or under his control any cannon or fire-arms or any ammunition or military stores .....
Tag this Judgment!Court : Chennai
Reported in : 1949CriLJ457
..... repealing and re-enacting statute it makes a specifiic provision to that effect. it is also instructive to refer to act of the central legislature, and that is act x [10] of 1947 called the explosives (temporary provisions) act, 1947. under section 3 of that act. all declarations and orders made under rule 88, defence of india rules or that rule as continued in fores by ..... the emergency provisions (continuance) ordinance, 1946 (xxiv of 1946), and in force itnmediately before the commencement of this act so fair as they are .....
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