Court : Gujarat
Reported in : 1953CriLJ1330
..... his control. it must be remembered that under these sections of the explosive substances act and anns act, mere possession of incriminating articles constitutes serious criminal offences and there must be, in my view, mens rea or guilty knowledge before a person ..... (pb) at p. 345 (d), harries c. j. observed as follows:in my view, however, possession and control required to constitute offences under the explosive substances act and aims act, must mean conscious possession and actual control. a man must know of the existence of something before he can be said to control it or have it under ..... sessions judge. we have, therefore, to see whether on the facts proved in the case the opponent's conviction can be sustained.4. the relevant provision of section 19, arms act, is as follows:19. whoever commits any of the following offences, namely:(f) has in his possession or under his control any arms, ammunition or military .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj259; 1963CriLJ502; (1963)GLR209
..... question. the rules were framed by that officer under the power vested in him by sub-clause (iii) of clause (r) or sub-section (1) of section 33 of the act. rule no. 1 prohibited every person from using a loudspeaker in or near any public place, without obtaining a licence from the district magistrate ..... of the artists and the audience at such performances. section 37 is enacted to confer powers upon police authorities to prohibit certain acts for prevention of disorder -- acts such as carrying of arms and other articles which are capable of being used for causing physical violence or explosives, the public utterances of cries, singing of songs, ..... playing of music, delivery of harangues, the use of gestures or mimetic representations, etc. section 38 empowers the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj136; 1964CriLJ32; (1964)0GLR578
..... signed by the director of the central food laboratory is made conclusive evidence of the facts stated therein.5. what is made evidence under section 13 of the prevention of food adulteration act and section 510 of the cri. p. c., is a document purporting to be a report upon any matter or thing duly submitted for examination or ..... a report under the hand of any chemical analyser or the chief inspector of explosives, etc., upon any matter or thing duly submitted to him for examination of analysis may be used as evidence. similarly, under section 13 of the prevention of food adulteration act, any document purporting to be a report signed by a public analyst may be ..... the certificate was sufficient for convicting the accused.4. a distinction has to be made between opinion and report of an expert. opinion is relevant under section 45 of the evidence act, but a document containing opinion is not made relevant and is not made evidence. but in the case of a report of the chemical analyser or .....
Tag this Judgment!Court : Gujarat
Reported in : 1966CriLJ331
..... such fine not exceeding five hundred rupees as the commissioner or the district magistrate in area under their respective charges imposes.this section applies to a person armed with any offensive weapon or with any explosive or corrosive substance in any street or public place and therefore would apply to the case of the appellant, who was ..... at 12-15 noon that date. section 123 of the bombay police act reads as follows:whoever not being a member of the armed forces of the union and acting as such or a police officer goes armed with any sword, spear, bludgeon, gun. ox other offensive weapon or with any explosive or corrosive substance in any street or ..... carrying live cartridges. disarming the appellant of the live cartridges in his possession would, therefore, be justified under section 123 of the bombay police act.6. the fact that the .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR632
..... or to file complaints against him. in fact proceedings for externment were taken against the petitioner in september 1963 but then failed and the notice under section 59 read with section 56 of the police act 1951 had to be discharged. that prima facie would indicate that the authorities had no evidence on which the subdivisional magistrate could base even his ..... the purview of the act. in khalifa janki das v. emperor a.i.r. 1950 east punjab 172 kapur j. ..... were such as were likely to endanger the objects for which the act was passed in that case the peace and security of the province of madras. in that case it was held that the supply of explosives to communists in hydrabad state was beyond the scope of the act and therefore the order of detention was bad as being beyond .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj212; (1968)0GLR129
..... devise' and 'inheritance' are distinct expressions as is apparent from the use of the two distinct words in the explanation to sub-section (1) of section 14 of the act. clause (a) of sub-section (2) of section 15 clearly relates to inheritance and as such, can have no application in the case of a devise as is the case before ..... title to property, be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder'.section 21 of the act and section 184 of the law of property act, 1925, being in pari materia, we will proceed to consider the relevant english decisions, wherein a similar question had arisen. in hickman ..... v. peacey, (1945) ac 304, where four persons had been killed by the explosion of a bomb which had destroyed an air-laid shelter in .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj157; (1968)0GLR649
..... this court. (2) the notice dated 15th december, 1956 given by the plaintiff to the defendants dissolving the par was avowedly given under section 43 of the partnership act and under that section it could operate to dissolve the partnership from the date of its receipt by the defendants only if the partnership was a partnership at will ..... is not dissolved by the outgoing of a partner but continues to exist as if it were a legal entity despite such outgoing. if introduction, retirement, or explosion of a partner had the effect bringing about dissolution of the firm, we should have expected provisions relating to those topics to find a place in chapter ..... was however placed on behalf of defendants nos. 5 to 7 on the following observations contained in the report of the special committee regarding the proposed section 39 when the partnership act was on the anvil of the legislature where speaking of the phrase 'dissolution of a firm', the special committee observed:-'this phrase used in preference .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj66; 1969CriLJ406; (1968)GLR309
..... whether his power or authority to prohibit 'carrying of inflammable or combustible substances' would be within the meaning of 'corrosive substance or of explosive' used in clause (b) of section 37(1) of the act. if it does, there would not arise any difficulty in the sense that carrying of lighted torches would be covered, inasmuch as carrying ..... to whether the carryingof any such lighted torches would come within the meaning and ambit of the words 'corrosive substance or of explosives' used in section 37(1)(b) of the act be it said here, that this act is in english. the notification produced at ex. 4 was undisputedly issued in gujarati -- it being the local language of the ..... 1 to 4 cannot come within the term 'explosive'. the only point made out by mr. nanavaty, the learned assistant govt. pleader for the state, was that the carrying of burning torches would be covered by the words 'carrying of any corrosive substance' used in section 37 of the act, as the meaning thereof would be as good .....
Tag this Judgment!Court : Gujarat
Reported in : 1970CriLJ128; (1968)GLR317
..... because the said provisions refer to the report of a chemical examiner or assistant chemical examiner or the chief inspector of the explosives or the finger print bureau or an officer of mint. section 510 of the criminal procedure code does not at all refer to the report of a public analyst and therefore, it is obvious that ..... of the prevention of food adulteration rules, lays down the qualifications of the public analyst. rule 7 lays down duties of public analyst. sub-section (1) of section 18 of the act provides that the public analyst shall deliver, in such form as may be prescribed a report to the food inspector of the result of the ..... assistant chemical examiner to the government or chief inspector of explosives or director of finger print bureau or the officer of mint. in this case the report that the sample was adulterated was given by the public analyst barod borough municipality area. section 8 of the act provides that the central government or the state government may .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]27STC548(Guj)
..... law, the conclusion which the tribunal has ultimately arrived at on the strength of the said circumstance is not well-founded. section 4(1) of the indian explosives act, 1884, defines the word 'explosive' as under : '(1) explosive (a) * * * (b) includes fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of ..... all descriptions, and every adaptation of preparation of an explosive as above defined.' it is thus clear that 'fireworks' are explosives within the meaning of ..... . lilley (32 l.j.m.c. 3), wightman, j., held that fog-signals were 'fireworks' within gunpowder and fireworks act, 1860 (23 & 24 vict., c. 139), ss. 6 and 7 - but see now explosives act, 1875 (38 & 39 vict., c. 17), s. 122; but cockburn, c.j., said that ''fireworks' must refer .....
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