Court : Gujarat
Reported in : 1973CriLJ80
..... or that they were under his control. it has already been pointed out that 13 bombs contained highly explosive substances. according to section 4(b) of the act.any person who unlawfully and maliciously makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life, or cause serious injury to property in india, or ..... learned additional sessions judge has however convicted him of the above offence as well as under section 5 of that act which reads:punishment for making or possessing explosives under suspicious circumstances:- any person who makes or knowingly has in his possession or under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not .....
Tag this Judgment!Court : Gujarat
Reported in : [1975]36STC116(Guj)
..... this reference has arisen as the applicant applied to the deputy commissioner, sales tax, on 5th november, 1968, under section 52 of the bombay sales tax act, 1959 (hereinafter referred to as the 'act'), for determining the rate of tax payable on the sales of the above-named articles. the tribunal in appeal filed ..... industry is its own best customer, converting many of its chemicals into 'intermediates' or building blocks that it uses to produce such materials as dyes, drugs, explosives, flavourings and plastics. secondly, myriads of chemicals enter the processing industries where they are utilised to make the thousands of mass produced items. the distinction between ..... used for ultimate consumption, such as drugs, cosmetics and soaps, or to be used as materials or supplies in other industries, such as paints, fertilizers and explosives.' this shows that, broadly speaking, all chemicals which are used in the commercial world can be classified as (1) basic chemicals, (2) chemical products .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR107
..... appears that the allegation against him was that he had committed offences punishable under sections 5(3)(a)(b) and 12 of the indian explosives act and sections 4, 5 and 6 of the explosive substance act and section 120b of the indian penal code and section 121a of the indian penal code. the last mentioned offence is punishable with imprisonment ..... not disclosed to the accused.20. the learned special public prosecutor did not raise any question of privilege as arising under the evidence act and, in my opinion, rightly. section 124 of that act, which states that no public officer shall be com pelled to disclose communications made to him in official confidence, when he considers ..... was in terms held by the madras high court in natha apparao v. narula setti suryaprakasa rao : air1951mad864 . it was laid down that section 124 of the evidence act can be appli ed only when the communication was made to a public officer in official confidence. the statements made by the witnesses in an .....
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR34
..... usual time is not always equivalent to reasonable time in determining the question whether the contract is performed in reasonable time or not as per explanation to section 46, contract act, one of the important circumstances that required to be considered was, what was the usual or normal time taken for the performance of such contracts. the ..... or the consignee;(g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods;(h) latent defects:(i) fire, explosion or any unforeseen risk:provided that even where such loss, destruction, damage, deterioration or nondelivery is proved to have arisen from any one or more of the aforesaid ..... reached the conclusion that there was delay in delivery. what is a reasonable time in each particular case is a question of fact. (see explanation to section 46, contract act). whether there is a delay or not in a particular set of circumstances is essentially a question of fact and cannot be re-agitated in this court .....
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR671
..... and with it disappeared the negotiated contract because private contracts were superimposed by statutory provision to wit: factories act, minimum ways act and industrial employees (standing orders) act, provident fund act, etc. with population explosion jobs became scarce and loss of job was treated tantamount to deprivation of property, result in situation being starvation ..... included the principal and representatives of the teachers who both can safely be styled as insiders and there was no outsider, under section 33-a of the act, it is obligatory to appoint a representative of the vice chancellor both on the governing body as well as on the staff ..... privilege given to the educational institution from the university other than the gujarat university such privileges stand withdrawn from jibe specified date. sub-section (3) of section 5 is important. it provides that all educational institutions admitted in the privileges of the university of bombay and situate within the university area .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1979Guj14
..... for ontario which had held that the defense of contributory negligence failed because 'if one gives to a child an explosive substance, and the child. with a limited knowledge in respect to the likely effect of the explosion, is tempted to meddle with it to his injury, it cannot be said in answer to a claim on behalf ..... take precautions. rashness is also referable to a state of mind deducible from the surrounding circumstances. could it be said in the case of an infant that by its act deliberately done disclosing a master mind it contributed to the happening of the accident? the answer obviously must be in the negative .... ....... in fact, while deciding ..... beyond big appreciation, but quite young children are held responsible for not exercising that care which may reasonably be expected of them. where a child in doing an act which contributed to the accident was only following the instincts natural to his age and the circumstances, he is not guilty of contributory negligence, but the taking .....
Tag this Judgment!Court : Gujarat
Reported in : 1981ACJ207; AIR1980Guj172; (1979)2GLR371
..... accepts the same for being carried as desired by the consignor, a contract between the consignor and the railway administration comes into existence. as provided in section 72 of the act, at that point of time, the' consignor is required to execute a forwarding note in a prescribed form. this forwarding note inter alia contains particulars ..... the consignor or the consignee; (g) natural deterioration or wastage in bulk or weight due to inherent defect in quality or vice of the goods; (h) fire, explosion or any unforeseen risk; provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of the ..... risk rate if the goods got damaged or deteriorated as a, result of delay or detention in their carriage, the railway administration would be liable under section 76 of the act. however, what is material for our purpose is the following observation made by the division bench of this court 'on behalf of the railway administration .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)22GLR451
..... ors. : [1961]2scr133 . it was a case under the representation of the people act, 1951. the appellant therein was convicted under section 4(b) of the explosive substances act, 1908, and was sentenced to three years' rigorous imprisonment. section 7(b) of the representation of people act, 1951, laid down that a person shall be disqualified for being chosen as a member ..... which the supreme court has given is that there is no such provision in indian penal code or in the code of criminal procedure or in the prisons act. section 57 of the indian penal code has been referred to in that case. in that connection, it has been observed by the supreme court that it has ..... of the present cases, the state government has exercised its power.19. having examined the implications of section 433a in light of section 432(1) and section 433 of the code of criminal procedure, 1973, read with section 59(5) of the prisons act, 1894, and the rules made thereunder, let us now turn to article 161 of the constitution .....
Tag this Judgment!Court : Gujarat
Reported in : II(1984)ACC97; (1983)1GLR243
..... call for special precautions include the launching of a ship, the use of a traction engine, fire works, firearms, a soldering lamp, a calor gas cylinder, explosives and surgical treatment. operations connected with the handling of petroleum and the distribution of gas and electricity also call for special precautions and are in addition subject to ..... under:213. compensation for damage by electricity boards. in the exercise of the powers in relation to the execution of works given them by the electricity (supply) acts, 1882 to 1936, or any local enactment applicable to them, electricity boards must cause as little detriment and inconvenience and do as little damage as possible, and ..... attaches in the above cases (is responsabilite eidessus a liev) only when the person subject to it fails to establish that he was unable to prevent the act (le fait) which has caused the damage.masters or employees are responsible for the damage caused by their servants and workmen in the performance of the work .....
Tag this Judgment!Court : Gujarat
Reported in : 1985ACJ867; AIR1984Guj69
..... 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 persons premises, that is in the cinema, the property of the cinema company. the appellants, in procuring this work to be performed by their contractors ..... was being done by him as the main trustee. it is interesting to refer to some of the statutory provisions of the indian electricity act, 1910 in this connection.section 39 says-'whoever dishonestly abstracts, consumes or uses any energy shall be deemed to have committed theft within the meaning of the indian penal code ..... of an independent contractor. analogous to these instances is a class of 'extra hazardous acts, that is, acts which, in their very nature, involve in the eye of the law special danger to others such as acts causing fire and explosion where an employer cannot escape liability by delegating their performance to an independent contractor. he .....
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