Court : Chennai
Reported in : AIR1966Mad332
..... . the heirs of the deceased person, and the injured person claimed damages against pessumal, the driver and notices were issued to the insurance company under section 96(2) of the act. the insurance company disputed liability on the ground that the driver was not a person insured under the policy and that the company is not liable ..... up the photograph in the cinema with a flashlight was, on the evidence stated above, a dangerous operation in its intrinsic nature, involving the creation of fire and explosion on another person's premises, that is in the cinema the property of the cinema company. the appellants, in procuring this work to be performed by their contractors, ..... to accept the argument of learned counsel that the case of a lorry should be governed by the principle which is applied to an outbreak of fire, gas explosives, electricity, poison or dangerous animals and wild beasts. life will become impossible if in these days of fast locomotion of heavy lorry traffic it were to be .....
Tag this Judgment!Court : Chennai
Reported in : (1966)2MLJ194
..... substances act, and the question did not really arise for consideration, as it was found that the revision petition could ..... the two phrases ' with respect to ' and ' relating to ' remarks at page 45 thus:a point was made by the learned counsel for the respondents that section 100, constitution act used the expression ' with respect to any of the matters enumerated in the list ' and not words like ' relating to the matters enumerated in the list'. ..... act. of the three cases, the only case, where there is reference to an argument based upon the offence being of a political character, is the one in chelladorai v. sornam : (1964)1mlj55 . but the actual conviction in that case was one under section 120-b read with sections 109 and 129 of the indian penal code, and sections 4 and 5 of the explosive .....
Tag this Judgment!Court : Chennai
Reported in : (1966)2MLJ431
..... , who was sought to be declared as unqualified, was convicted and sentenced in a sessions case for offence under section 120-b read with sections 109 and 121 indian penal code and sections 4 and 5 of the explosive substances act and sentenced to five years r.i. the question was whether the first respondent in that case had served out ..... case with which the court was concerned in the above case was one of blowing up of a railway bridge and an offence under the explosive substances act, a crime of very grave nature. the acts are admittedly antisocial in nature involving moral delinquency. this decision cannot have any application to the facts of the present case.5. on ..... member from ward no. 6. the first respondent filed o.p. no. 40 of 1965 on the file of the district munsif '& court ariyalur, under section 28(1) of madras act xxxv of 1958 alleging that the petitioner and others formed themselves into an unlawful assembly on 19th july, 1962 with the common object of obstructing the state .....
Tag this Judgment!Court : Chennai
Reported in : AIR1969Mad235
..... , we are not expressing any final opinion as to the jurisdiction of the court to mould the relief in matrimonial causes by the combined operation of section 10 and section 13 read with section 23 of the act, 14. the appeal is accordingly allowed, i agree with my learned brother about the order as to costs. ramaprasada rao, j. 15. the appellant ( ..... was a complete breakdown. he would say that after 1956 'the quarrels increased and we lived separately in the same house not having access to each other'. the explosive conduct of the respondent when she left her husband's roof in a taxi after having cursed and spat at the house is a strong circumstance to reflect the mind ..... the respondent left him in november 1957 would tantamount to mincing matters. it is an accepted canon of law as stated by bowen, l.j., in cropper v. smith, (1884) 26 ch d 700 'courts do not exist for the sake of discipline, but for the sake of deciding matters in controversy'. following the salient principle we find that .....
Tag this Judgment!Court : Chennai
Reported in : (1969)1MLJ366
..... we are not expressing any final opinion as to the jurisdiction of the court to mould the relief in matrimonial causes by the combined operation of section 10 and section 13 read with section 23 of the act.19. the appeal is accordingly allowed. i agree with my learned brother about the order as to costs.ramaprasada rao, j.20. the appellant ..... a complete breakdown. he would say that after 1956 ' the quarrels increased and we lived separately in the same house not having access to each other '. the explosive conduct of the respondent when she left her husband's roof in a taxi after having cursed and spat at the house is a strong circumstance to reflect the mind ..... the respondent, mr. t. k. rajagopalan, invited our attention to some of the decisions and contended that the party who seeks relief, whether under section 10 or under section 13 of the act must adduce strict, satisfactory proof, that the standard of proof should be as high and rigorous as in a criminal case and that the relief should .....
Tag this Judgment!Court : Chennai
Reported in : 1969CriLJ699
..... of the chief presidency magistrate, egmore, madras. the drugs inspector preferred a complaint against the petitioners in the writ petitions for contravening the provisions of section 18(a)(ii-a) of the drugs and cosmetics act 1940 (act xxiii of 1940). the case against the petitioners has been taken up on the file by the chief presidency magistrate as c.c. 8805 of ..... is made in several enactments including the criminal procedure code for reception of 'the reports of analyst. section 510(1) provides that any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government, or the chief inspector of explosives or the director of finger print bureau or an officer of the mint upon any matter .....
Tag this Judgment!Court : Chennai
Reported in : (1970)1MLJ124
..... file of the chief presidency magistrate, madras. the drugs inspector preferred a complaint against the petitioners in the writ petitions for contravening the provisions of section 18 (a) (ii) (a) of the drugs and cosmetics act, 1940 (act no. xxiii of 1040). the case against the petitioners has been taken up on the file by the chief presidency magistrate as c.c. no ..... is made in several enactments including the criminal procedure code for reception of the reports of analyst. section 510 (1) provides that any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government, or the chief inspector of explosives or the director of finger print bureau or an officer of the mint upon any matter .....
Tag this Judgment!Court : Chennai
Reported in : (1970)2MLJ414
..... reasons, the belated argument is liable to be discountenanced. inasmuch as this contention raised a question of law, we allowed it to be argued. section 59 of the railways act no doubt says that no person shall be entitled to require a railway administration to carry any dangerous or offensive goods upon a railway. we ..... not amount to gross negligence amounting to misconduct on the part of the railway, however serious the violation of the rules may be. in the case of explosive goods failure to affix such labels will have to be viewed differently and the established facts would certainly amount to gross negligence amounting to misconduct. any fact in ..... defence services. no explanation has been given on behalf of the defendants as to why the provision for locking is found in regard to the carriage of dangerous and other explosive goods given for consignment by private individuals.* * * * * ** * * * * *17. from the foregoing discussion, we come to the following conclusions. in the matter of .....
Tag this Judgment!Court : Chennai
Reported in : (1970)1MLJ540
..... reside, and also to supply water for the purpose of cleaning the offices and for the house-hold purposes of a resident caretaker, falling within the exception in section 4 of the boiler explosions act, 1882. in support of this proposition, the counsel for the petitioner cited the ruling the harrogate corporation v. mackay (1907) 2 k.b. 611, wherein ..... on the ground that the learned sub-magistrate has really misappreciated the evidence on record; that the learned magistarate has further erred in interpreting the proviso to section 3 (2) of the act.4. p.w. 1 states in chief-examination that one ramakrishnan has cut the earth and was building a shed measuring 22'x 12'. the ..... motor being used by him for the purposes of his profession or business of a physician and surgeon, is water supplied for domestic purposes within the meaning of section 12 of the waterworks clauses act, 1863.7. reliance is then placed on the decision of the house of lords in metropolitan water board v. avery l.r. (1914) a.c .....
Tag this Judgment!Court : Chennai
Reported in : (1970)2MLJ26
..... (a) read with rule 7 (d) of g.o.ms. no. 3031, home, dated 1st november, 1958, framed under section 16 (1) of the madras prohibition act, for alleged possession, without requisite medical prescription, of 1150 bottles of some ayurvedic preparations containing an admixture of chloral hydrate, an intoxicating drug. accused 1 is owner of the ..... reads as follows:(1) any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government, or the chief inspector of explosives or the director of finger print bureau or an officer of the mint, upon any matter or thing duly submitted to him for examination or analysis and report in ..... it is very clear that the report of the chemical examiner may be used as evidence in any inquiry or trial or other proceeding under this code. sub-section (2) of section 510 gives the freedom either to the prosecution or to the accused to examine the assistant chemical examiner as to the subject-matter of his report.9. my .....
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