Array ( [0] => ..... repealing ajad re-enacting statute it makes a specific provision to that effect. it is also instructive to refer to an act of the central legislature, and that is act x of 1947 called the explosives (temporary provisions) act, 1947. under section 3 of that act, all declarations and orders made under rule 88 of the defence of india rules or that rule as continued in ..... force by the emergency provisions (continuance) ordinance, 1946 (xx of 1946), and in force immediately before the commencement of this act, so far as they ..... [1] => ..... there is lack of bona fides on the part of the government in resorting to the provisions of the act when the petitioner could have been, if the case for the government were true, prosecuted under section 5, explosive substances act, 1908 (act vi [6] of 1908). 10. after anxious consideration, i am of opinion that the view of ..... horwill j. on the two points is correct. i had occasion to consider the object of the provisions of the madras maintenance of the public order act, 1947, requiring the government ..... i also agree with horwill j. that the fact that the government had abandoned the intention of prosecuting the case initiated against the petitioner under the explosive substances act is undoubted proof that the government did not believe in the truth of the allegation now made. if the government were really serious in the charge ..... [2] => ..... 324, 326, 364, 302, 307, 395, 457 and 380, i.p.c.; and also for offences under sections 3 to 6, indian explosive substances act, section 126, indian railways act, section 25 (c), indian telegraph act and section 19(f), indian arms act.of the persons charge-sheeted, ten were absconding and the enquiry therefore went on against the rest, the case against the ..... is that the offences under sections 120-b and 121-a, i.p.c. were taken cognizance of even prior ..... committed to take their trial, in the sessions-for offences under sections 120-b, 121-a, 147, 148, 149, 302, 307, 324, 326, 380, 397, 457, i.p.c. and sections 3 and 4, indian explosive substances act, section 126, indian railways act and section 19(f), indian arms act.2. the main point that is taken to quash the committal ..... [3] => ..... cannot be justified under the proviso in article 19(6) of the constitution. 7. on coming to the conclusion that theexplosives act does not constitute a violationof the freedom guaranteed under clauses (f) ..... of property, that is to say: explosives and explosive substances and the right to practise one's profession, trade etc., in manufacturing explosives are restrictions permissible under clause (6) of article 19 of the constitution. consequently, it cannot be stated at all that the explosives act is 'ultra vires' of the constitution and ..... or in practising one's profession, trade, etc. in promotion of the public welfare, convenience, health and general prosperity. that explosives should not be manufactured and that explosive substances should not be stocked except under conditions which would not be detrimental to the public safety, health, and convenience requires no ..... [4] => ..... .' (volume 31 pp. 529-530 paragraph 692).thus in -- 'jones v. robson', 1901 1 qb 673 (g), section 6, coal mines regulation act, 1896 provided that a secretary of state may by order prohibit the use of explosives and notice thereof shall be given in such manner as he may direct. the order was passed but no notice was ..... an application for permission to sue as a pauper when it is not framed in the manner prescribed by rule 2.these provisions thus correspond to section 83(1) and section 85 of the act. the authorities on order 33, rules 2 and 5 clearly establish that before exercising the power of dismissal under order 33, rule 5, ..... served on the opposite side.in -- 'chinnappa reddi v. thomasu reddi', air 1928 mad 265 (i), where the question was whether the word 'shall' in section 43, provincial insolvency act was mandatory or directory, kumaraswami sastri j. observed as follows: 'the word 'shall' in its ordinary signification is mandatory though there may be considerations which influence the ..... [5] => ..... consider it necessary to regulate the conduct of meetings and processions by enforcement of section 30, police act. i, therefore, propose to apply section 30, police act, within the limits of koilpatti town and koilpatti panchayat board, for one year from 10-1-1951 and request your concurrence." ..... the situation from 1948. he remarked :"now, both in the labour front and in the political front trouble is brewing ...... the situation is full of explosive possibilities and breach of the peace is inherent in it."after this appraisal of the situation he ended his letter in the following manner:"under the circumstances i ..... was illegal and tried to go on with the meeting. thereupon the inspector arrested both sivasami and ponniah & subsequently laid a charge-sheet against them under section 32, police act.the sub-magistrate, koilpatti, acquitted both the accused holding:"in the result, i find firstly that the order ex. p, 2 is itself 'ultra vires ..... [6] => ..... of jatrawal from frequenting moghal sarai railway station and the thoroughfares and other public places in moghal sarai without a licence is 'ultra vires' as section 30, police act, refers to assemblies and processions,31. to substantiate the proposition that a general order of this nature to be effective for ,a specific period without ..... the situation from 1948, he remarked:now, both in the labour front and in the political front trouble is brewing .... the situation is full of explosive possibilities and breach of the peace is inherent in it.after this appraisal of the situation he ended his letter in the following manner:under the circumstances ..... i consider it necessary to regulate the conduct of meetings and processions by enforcement of section 30, police act. i, therefore, propose to apply section 30, police act, within the limits of koilpatti town and koilpatti panchayat board, for one year from 10-1-1951 and request your concurrence. ..... [7] => ..... rule 10, c. p. c. does not apply and therefore the tribunal cannot add new parties.but in our view such power is necessarily implied in section 18 of the act. clause (b) of section 18 will not have any meaning unless the tribunal has power to add parties. under that clause an award is binding on all other parties summoned to ..... , but the trade still remains the trade of the company. the company is the person by, or on whose behalf, the business is carried on."in -- 'reid v. explosives co., ltd.', (1887) 19 qbd 264 (d), it was held that the appointment of a manager and receiver operated to discharge the servants of the company and that the ..... his remuneration or otherwise".relying upon that clause the learned judge observed that the object of that was "to restore the prima facie effect of the incorporation of section 24 of the conveyancing act, 1881, which had been watered down or rather almost entirely negatived by that decision -- '(1911) 1 kb 806 (f)', of the court of appeal."in -- 'meigh ..... [8] => ..... , etc., and section 1 (2), criminal p.-,c. expressly lays down that the provisions of the code would not affect any special form of procedure prescribed by any law ..... sub-section (2) of section 107 was followed. in our opinion, there is no repugnancy between the provisions of the impugned ordinance and those of the criminal p. c. section 54 of the criminal p. c. does not purport to be exhaustive or unqualified and various provisions for arrest without warrant are to be found in other acts, e.g., police act, arms act, explosives act, indian railways act ..... [9] => ..... turpentine drums' instead of putting the innocuous and misleading, phrase 'military stores', capable, ac-cording to the witnesses, of meaning anything from military kit and water cans to high explosives. d. w. 9 is a fellow clerk of d. w. 8 working at the very same station, and he is likely to support his brother in trouble, d. ..... the description of the goods as 'military 'stores', and some of the witnesses stated that by 'military stores' they understood anything from military kit and watercans to high explosives.d. w. 8 stated that he affixed four danger labels, on an the four sides of the wagon, with the usual clause 'not to be loose shunted'. d ..... 1936 mad 508 (a) & other cases & from the conditions noted in risk notes a and z, and was not disputed. the bailee's liability under sections 151 and 152, indian contract act, arising from mere, negligence not amounting to misconduct, cannot be fastened on the railway authorities, because the goods were not carried at railway risk, but at owner ..... [10] => ..... is to the same effect. arrear of abkari revenue is not due upon any specific land owned by the abkari renter, and section 3 of madras act ii of 1864 can have no application, and section 42, which must be construed in relation to it, cannot otherwise apply.2. the next question is whether as a crown-debt the arrear ..... when the arrear is of public revenue of which the land is the first security by statutory declaration. by section 10 of the abkari act, it is enacted that collectors may proceed against abkari renters or other persons licensed under that act for the recovery of arrears due by them in like manner as for the recovery of arrears of land ..... the respondent's purchase was free of the prior hypothecation, either under act ii of 1864, or because debts due to the crown take precedence of private debts. as to act ii of 1864, the term 'public revenue,' as defined by section 1, does not include abkari revenue. reading sections 31 and 42 together, the expression 'arrear of revenue' must be ..... [11] => ..... otti is redeemable.'17. on the return of these, findings the judgment of the court was reserved, on the 23rd august 1883, and on the 24th march 1884 judgment was delivered bymuttusami ayyar, j.18. the lands in dispute originally belonged to a tarwad in south malabar called the beypore house. this tarwad has now become ..... only difference between otti and kaividu otti is that in the former the jenmi is entitled to ten cocoanuts and one jack annually. he asserts that the only irredeemable act of the jenmi is jenm or attiper.14. the plaintiffs' fourth witness produces a kaividu-otti deed (exhibit w), dated 1042 (1867), executed by kannara kurup ..... this court within three months from the date of receiving this order. ten days will be allowed thereafter for filing objections.5. in accordance with the above order the acting district judge (f. h wilkinson) submitted the following6. findings: 'first.--the court of first instance found that first defendant, the representative of the original demisor, ..... [12] => ..... of the defaulter was alone liable to be sold, and that the appellant was not the defaulter, and that no written demand was served upon him as required by section 38. act ii of 1864 does not in our judgment warrant the contention that the fourth defendant was the defaulter, and that it was his interest which passed by the revenue ..... sale. according to section 2 of that act, it is the proprietary right that is liable to be sold. according to section 1, it is the person in whom such right vests that is the landholder. according to section 3, it is the proprietor that is liable for the payment of the revenue ..... . according to section 394, it is his right and property that passes by the revenue ..... [13] => ..... zamindar owns land, of one vellayan who has been found to have been 'a proclaimed offender,' this information being required by section 45, criminal procedure code, to be given by the owner or occupier of land, and the zamindar as such owner being under a legal obligation to furnish such information to ..... magistrate, madura district, of having intentionally omitted to furnish to a public servant, as such, certain information which he was legally bound to furnish, an offence punishable under section 176, indian penal code.2. the information that the zamindar was, as it is found, bound to furnish was the resort to a village, in which the ..... act goes to the basis of a justification.' kamakshi bhayi v. east india company. (madras supreme court, 1854 (norton's law of evidence, ed. v., para. 685).9. and in the present case it would have been easy to prove, and it was on the prosecution to prove, that proclamation was made (if this was so) in the manner required by section ..... [14] => ..... on the purchaser any personal obligation.4. the board of revenue will be informed accordingly.* how transfer in consideration of debt, or subject to future payment, etc., to be charged.[section 24: where any property is transferred to any person in consideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to the payment ..... regulated by the amount of the purchase money; it is to bear the same stamp as a conveyance for a consideration equal to the amount of the purchase money.3. section 24* applies to cases in which the purchaser undertakes a liability, and his undertaking in such cases no doubt farms part of the consideration. it is one thing to make ..... [15] => ..... set aside the previous order of discharge and leave the inquiry before the magistrate open, as it was before that order, to further evidence under section 252, and to decision under section 253 and subsequent sections of chapter xxi. if such is not the effect of the order for further inquiry, then the order for discharge stands, as also the order ..... the present, to treat the order for further inquiry as setting aside the prior order of discharge. i see nothing in the act to the contrary, and i think that such is the reasonable construction of section 437, criminal procedure code, and that the magistrate on making the further inquiry must dispose of the case in one of the ways pointed ..... , he submitted the entire record to the deputy magistrate without disposing of the case.5. the sessions judge by order of the 8th of february 1884 directed the magistrate that, when the case was remanded for further inquiry and when the original charge fell through, but when it appeared on the inquiry that an ..... [16] => ..... property in salem. if matters such as are mentioned above were proved, i should have no hesitation in finding the plaintiff guilty of misconduct within the meaning of section 9 of act iii of 1871. dr. macleane, who urged in his letter of january 1883 in support of his views as to the conduct of the municipal commissioners that . ..... contends, as there was admittedly no misconduct or neglect by the plaintiff.18. i am unable to see that the argument of the advocate-general is consistent with section 9 of act iii of 1871. if the general discretion contended for was intended by the legislature, the words 'for misconduct or neglect of duty' may be omitted as useless, ..... of february 1882, the plaintiff was elected by the rate-payers of salem one of the municipal commissioners of that town, under the provisions of section 9 of the towns' improvement act (madras act iii of 1871).2. notification of his election was published in the gazette of the 23rd of february 1882 and he entered on the duties of ..... [17] => ..... conduct the duties alone (exhibit xviia).24. on 27th june 1869 the committee suspended vengu pending an enquiry into his conduct, and appointed his younger brother agastiappa to act in his place (exhibits xxv, xviib).25. on the death of agastiappa in 1870, vengu was restored to office by the committee as permanent dharmakarta (exhibit xix). ..... thereof, paying all the expenses from the income set apart for the same. gnanasigamani, the son of vengu, was a minor, and these gentlemen were appointed to act for him. they brought the will to the notice of the collector, who endorsed the petition in acknowledgment of the information. a witness (nallasivan pillai) has deposed ..... that if the collector or board up to march 1863, and the committee subsequently, had exercised any interference in the nomination or confirmation of trustees, all such acts were ultra vires, and that any acquiescence in these proceeding's on the part of the trustees was in consequence of mistakes of law and fact, which would ..... [18] => ..... private arrangements between the licensee and the person conducting the business.4. we are of opinion that the sessions judge has come to a right conclusion.5. it is section 8 of the act which provides for the taking out of a license. 'every person placed...in charge of a shop...shall first sign an engagement containing such conditions as the board ..... one maktem as a proper person to be licensed for the shop in which he himself had been vending. maktem was duly approved and licensed by the collector under section 8 of the act, and under cover of that license nanjappa has been continuing his old business, paying maktem a certain sum monthly. the accused was convicted by the first-class magistrate ..... 1. this is an appeal against an acquittal. the charge against the accused, nanjappa pillai was under section 21 of the abkari act that he sold liquor without being licensed.2. the facts are briefly these--nanjappa's own license was cancelled for some breach of the regulations. he then put forward ..... [19] => ..... shall be used, but with such variations as the circumstances of each case require. section 311 provides for applications to set aside sales for irregularity and article 1661 of the limitation act requires that such applications be made within thirty days.5. section 312 requires the court to confirm the sale, ' if no such application as is ..... mentioned in the last preceding section be made.' section 313 allows a purchaser to apply to set aside the sale ..... on the ground that the judgment-debtor had no saleable interest therein, and article 1722 of the limitation act allows sixty days for such applications, but there was no provision that ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Chennai - Page 4 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: chennai Page 4 of about 17,128 results (0.102 seconds)

Jul 16 1948 (PC)

In Re: Kandaswami Goundan and ors.

Court : Chennai

Reported in : (1948)2MLJ400

..... repealing ajad re-enacting statute it makes a specific provision to that effect. it is also instructive to refer to an act of the central legislature, and that is act x of 1947 called the explosives (temporary provisions) act, 1947. under section 3 of that act, all declarations and orders made under rule 88 of the defence of india rules or that rule as continued in ..... force by the emergency provisions (continuance) ordinance, 1946 (xx of 1946), and in force immediately before the commencement of this act, so far as they .....

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Oct 19 1949 (PC)

In Re: Devata Lakshminarayana

Court : Chennai

Reported in : AIR1950Mad266

..... there is lack of bona fides on the part of the government in resorting to the provisions of the act when the petitioner could have been, if the case for the government were true, prosecuted under section 5, explosive substances act, 1908 (act vi [6] of 1908). 10. after anxious consideration, i am of opinion that the view of ..... horwill j. on the two points is correct. i had occasion to consider the object of the provisions of the madras maintenance of the public order act, 1947, requiring the government ..... i also agree with horwill j. that the fact that the government had abandoned the intention of prosecuting the case initiated against the petitioner under the explosive substances act is undoubted proof that the government did not believe in the truth of the allegation now made. if the government were really serious in the charge .....

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Mar 25 1952 (HC)

In Re: Ponnu Kudumban and ors.

Court : Chennai

Reported in : 1956CriLJ1000

..... 324, 326, 364, 302, 307, 395, 457 and 380, i.p.c.; and also for offences under sections 3 to 6, indian explosive substances act, section 126, indian railways act, section 25 (c), indian telegraph act and section 19(f), indian arms act.of the persons charge-sheeted, ten were absconding and the enquiry therefore went on against the rest, the case against the ..... is that the offences under sections 120-b and 121-a, i.p.c. were taken cognizance of even prior ..... committed to take their trial, in the sessions-for offences under sections 120-b, 121-a, 147, 148, 149, 302, 307, 324, 326, 380, 397, 457, i.p.c. and sections 3 and 4, indian explosive substances act, section 126, indian railways act and section 19(f), indian arms act.2. the main point that is taken to quash the committal .....

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Aug 20 1952 (HC)

In Re: Sundara Nadar

Court : Chennai

Reported in : AIR1953Mad142; (1952)2MLJ748

..... cannot be justified under the proviso in article 19(6) of the constitution. 7. on coming to the conclusion that theexplosives act does not constitute a violationof the freedom guaranteed under clauses (f) ..... of property, that is to say: explosives and explosive substances and the right to practise one's profession, trade etc., in manufacturing explosives are restrictions permissible under clause (6) of article 19 of the constitution. consequently, it cannot be stated at all that the explosives act is 'ultra vires' of the constitution and ..... or in practising one's profession, trade, etc. in promotion of the public welfare, convenience, health and general prosperity. that explosives should not be manufactured and that explosive substances should not be stocked except under conditions which would not be detrimental to the public safety, health, and convenience requires no .....

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Mar 13 1953 (HC)

A.S. Subbaraj Vs. M. Muthiah and ors.

Court : Chennai

Reported in : AIR1954Mad336; (1953)2MLJ577

..... .' (volume 31 pp. 529-530 paragraph 692).thus in -- 'jones v. robson', 1901 1 qb 673 (g), section 6, coal mines regulation act, 1896 provided that a secretary of state may by order prohibit the use of explosives and notice thereof shall be given in such manner as he may direct. the order was passed but no notice was ..... an application for permission to sue as a pauper when it is not framed in the manner prescribed by rule 2.these provisions thus correspond to section 83(1) and section 85 of the act. the authorities on order 33, rules 2 and 5 clearly establish that before exercising the power of dismissal under order 33, rule 5, ..... served on the opposite side.in -- 'chinnappa reddi v. thomasu reddi', air 1928 mad 265 (i), where the question was whether the word 'shall' in section 43, provincial insolvency act was mandatory or directory, kumaraswami sastri j. observed as follows: 'the word 'shall' in its ordinary signification is mandatory though there may be considerations which influence the .....

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Apr 09 1953 (HC)

Public Prosecutor Vs. K.G. Sivaswamy and anr

Court : Chennai

Reported in : AIR1954Mad249; (1953)2MLJ602

..... consider it necessary to regulate the conduct of meetings and processions by enforcement of section 30, police act. i, therefore, propose to apply section 30, police act, within the limits of koilpatti town and koilpatti panchayat board, for one year from 10-1-1951 and request your concurrence." ..... the situation from 1948. he remarked :"now, both in the labour front and in the political front trouble is brewing ...... the situation is full of explosive possibilities and breach of the peace is inherent in it."after this appraisal of the situation he ended his letter in the following manner:"under the circumstances i ..... was illegal and tried to go on with the meeting. thereupon the inspector arrested both sivasami and ponniah & subsequently laid a charge-sheet against them under section 32, police act.the sub-magistrate, koilpatti, acquitted both the accused holding:"in the result, i find firstly that the order ex. p, 2 is itself 'ultra vires .....

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Apr 09 1953 (HC)

Public Prosecutor Vs. K.G. Sivaswamy and anr.

Court : Chennai

Reported in : 1954CriLJ290

..... of jatrawal from frequenting moghal sarai railway station and the thoroughfares and other public places in moghal sarai without a licence is 'ultra vires' as section 30, police act, refers to assemblies and processions,31. to substantiate the proposition that a general order of this nature to be effective for ,a specific period without ..... the situation from 1948, he remarked:now, both in the labour front and in the political front trouble is brewing .... the situation is full of explosive possibilities and breach of the peace is inherent in it.after this appraisal of the situation he ended his letter in the following manner:under the circumstances ..... i consider it necessary to regulate the conduct of meetings and processions by enforcement of section 30, police act. i, therefore, propose to apply section 30, police act, within the limits of koilpatti town and koilpatti panchayat board, for one year from 10-1-1951 and request your concurrence. .....

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May 12 1953 (HC)

P.G. Brookes, Receiver Appointed by the Trustees for the Mortgagee Deb ...

Court : Chennai

Reported in : AIR1954Mad369; [1953]23CompCas351(Mad); (1953)IILLJ1Mad; (1953)IIMLJ630

..... rule 10, c. p. c. does not apply and therefore the tribunal cannot add new parties.but in our view such power is necessarily implied in section 18 of the act. clause (b) of section 18 will not have any meaning unless the tribunal has power to add parties. under that clause an award is binding on all other parties summoned to ..... , but the trade still remains the trade of the company. the company is the person by, or on whose behalf, the business is carried on."in -- 'reid v. explosives co., ltd.', (1887) 19 qbd 264 (d), it was held that the appointment of a manager and receiver operated to discharge the servants of the company and that the ..... his remuneration or otherwise".relying upon that clause the learned judge observed that the object of that was "to restore the prima facie effect of the incorporation of section 24 of the conveyancing act, 1881, which had been watered down or rather almost entirely negatived by that decision -- '(1911) 1 kb 806 (f)', of the court of appeal."in -- 'meigh .....

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May 07 1954 (HC)

In Re: A.S. Krishna and ors.

Court : Chennai

Reported in : AIR1954Mad993

..... , etc., and section 1 (2), criminal p.-,c. expressly lays down that the provisions of the code would not affect any special form of procedure prescribed by any law ..... sub-section (2) of section 107 was followed. in our opinion, there is no repugnancy between the provisions of the impugned ordinance and those of the criminal p. c. section 54 of the criminal p. c. does not purport to be exhaustive or unqualified and various provisions for arrest without warrant are to be found in other acts, e.g., police act, arms act, explosives act, indian railways act .....

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Aug 03 1954 (HC)

Malick Chemical Works Vs. Union of India (Uoi) Owning the Northern Rly ...

Court : Chennai

Reported in : AIR1955Mad274

..... turpentine drums' instead of putting the innocuous and misleading, phrase 'military stores', capable, ac-cording to the witnesses, of meaning anything from military kit and water cans to high explosives. d. w. 9 is a fellow clerk of d. w. 8 working at the very same station, and he is likely to support his brother in trouble, d. ..... the description of the goods as 'military 'stores', and some of the witnesses stated that by 'military stores' they understood anything from military kit and watercans to high explosives.d. w. 8 stated that he affixed four danger labels, on an the four sides of the wagon, with the usual clause 'not to be loose shunted'. d ..... 1936 mad 508 (a) & other cases & from the conditions noted in risk notes a and z, and was not disputed. the bailee's liability under sections 151 and 152, indian contract act, arising from mere, negligence not amounting to misconduct, cannot be fastened on the railway authorities, because the goods were not carried at railway risk, but at owner .....

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