Court : Karnataka
Reported in : AIR1989Kant285; 1988(3)KarLJ95
..... are being disposed of by this common order.4. the possession and sale of explosives is regulated by the explosives act, 1884 ('the act' for short) and the explosives rules 1983, framed under the act. the expression 'explosive' is defined under s. 4(d) of the act and it includes fire-works. section 5 of the act empowers the central government to frame rules, inter alia, prescribing the authority by which ..... government under the above provision reads:'government of indiadepartment of explosivesshastri bhavan, madras-6. no. ex/l/1. subsidiary dated : 6-10-1984.in exercise of powers conferred by sub sec. (2) of s. 14 of explosives act, 1884, exempting from provision of sub-rule (1) of rs. 135, 157 and condition 1 of the license in form 24 of .....
Tag this Judgment!Court : Karnataka
Reported in : [2006]144STC446(Kar)
..... term 'manufacture of gas' in the gas cylinders rules, 1981 and the definition of 'manufacture' in the indian explosives act, 1884 were not considered by the authority.5.1 the explosives act, 1884 was enacted to regulate the manufacture, possession, use, sale, transport, import and export of explosives. section 17 enables the central government to declare any substance which appears to it to be specially dangerous to life ..... and property, by reason either of its explosive properties or of any process in the manufacture thereof being liable to .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant8; AIR1952Mys8
..... v. santa singh', air (31) 1944 lah 339. that was a decision in a case under the explosive substances act in which it is stated that 'section 106, evidence act, applies to cases similar to the cases given in the illustrations to that section & does not affect the onus of proving the guilt of an accused. that onus rests on the prosecution ..... beyond reasonable doubt & no provision to apply a different principle to this case was referred to by the learned advocate-general. i am unable to see how section 106, evidence act can, as expressed by the learned judge, be availed of against the accused. while no authority is cited in support of it, two cases reported in 'atygalle ..... the petnrs. as regards the time at which petnrs. got possession of the timber lie has observed that the burden of proof lies on the petnrs. under section 106, evidence act. though it is not the practice in revn. to disturb convictions based on appreciation of evidence, when there has been a wrong approach to the case & .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant110; AIR1953Mys110
..... fused forming an integrated whole. what the extending act did was to apply the trade marks act with section 68 in its integrated form to the civil area on and from 15-8-1948.6. in almost similar circumstances, this court has held in cr. r. p. _no. 6 of 1950-51 (a) that the mysore explosives act, which was one of the laws applied ..... by the 'extending act' to the retroceded area did not ..... require further formalities as a condition' precedent to make it operative, as the act introduced was by then a full-fledged one.7. it was next argued that the .....
Tag this Judgment!Court : Karnataka
Reported in : 1956CriLJ539
..... the articles to be carried by them, in the absence of a clear rule to that effect.for a conviction under the arms act to is held in several cases that possession of a gun or explosive should be conscious and that the bare fact of its being found with a person or in his premises without the person being aware ..... unless he has got a guilty mind.while dealing with a case under the defence of india rules in which a master was held to be liable for the acts of his servant by the courts in india. their lordships of the privy council set aside the conviction and observed that such offences are not within the limited and ..... . channappa, learned assistant advocate-general, argued that the provision for contravention of which the accused are prosecuted is special in character and that knowledge or intention to commit the act is not essential to constitute the offence. ordinarily, in penal statutes intention is considered to be a necessary factor for the purpose of conviction.if this is to be dispensed .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1969Mys51; 1969CriLJ221
..... petition for two reasons: firstly, they are not parties to the present writ petition and secondly the state government has made a reference under section 10(1) of the industrial disputes act 1947, to the additional industrial tribunal at bangalore, on 25th april 1967 requiring the tribunal to decide whether the stoppage of work was a ..... 'there are 205 workers who are peacefully discharging their duty during the shift allotted to them and we apprehend bodily harm to them also. the situation is explosive and breach of peace and the destruction of property is apprehended to be imminent.'we therefore, pray to take necessary action to see that these disorderly and illegal ..... , insult or annoy any such person, or with intent to commit any offence, is said to commit 'criminal trespass'.'we may also mention that the offences under section 341 and 447, i.p.c. are cognizable, bailable and compoundable.12. it has been urged with sufficient emphasis by the learned government pleader that 'stay-in .....
Tag this Judgment!Court : Karnataka
Reported in : (1967)IILLJ853Kant; (1967)1MysLJ686
..... future. there are 205 workers who are peacefully discharging their duty during the shift allotted to them and we apprehend bodily harm to them also. the situation is explosive and breach of peace and destruction of property is apprehended to be imminent. we, therefore, pray to take necessary action to see that these disorderly and illegal ..... 157 prescribes the procedure to be followed where cognizable offences are suspected and where the police officer sees no sufficient ground for entering on an investigation. under this section, if, from the information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered ..... the obligations and duties cast on a police officer like respondent 2. we may first refer to the mysore police act, 1963, which in chap. vi enshrines and enumerates the executive powers and duties of the police. sections 65(b) and 65(c) lay down that it shall be the duty of every police officer to the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1970Kant13; AIR1970Mys13; (1969)1MysLJ244
..... includes the amount spent for funeral expenses. 11. plaintiffs are entitled to the reliefs claimed herein by virtue of the provisions of the fatal accidents act read with the indian succession act (sections 42 and 306). 23. there is no specific averment in the plaint to the effect that there was a reasonable expectation of pecuniary benefit. ..... transferring petrol from the lorry to an underground tank, struck a match to light a cigarette and threw it on the floor, causing an conflagration and an explosion. claims in respect of consequent damage having been made against the undertaking, the insurance company contended that they did not fall within the scope of the policy.' ..... services of receiving, collecting, sending, despatching and delivering of letters except in the cases mentioned in clauses (a), (b) and (c) of sub-section (1) of section 4 of the act. where the union government is sued for damages for loss of a letter owing to the negligence of a servant employed in the post office, it .....
Tag this Judgment!Court : Karnataka
Reported in : 1970CriLJ1551
..... facts of the case in air 1938 sc 1319 bhalachandra and anr. v. the state of maharashtra related to the negligence of the accused who were licencees under the indian explosives act. their lordships have pointed out in that case that the appellants had committed a number of hazardous breaches of the rules framed under the ..... the accused to prove his innocence, and certainly there is no presumption that a man drove a lorry in a rash and negligent manner, merely because there was an accident. section 304-a, indian penal coda is no exception to the general principle that with regard to offences in the indian penal code, at least, apart from special statutes which might ..... . p. c., and sentenced to two years e. i. he was also convicted for an offence under section 116 of the motor vehicles act and sentenced to three months r. i. he was further convicted for an offence under section 3 of the motor vehicles act and sentenced to pay a fine of rs. 100, in default to undergo s. i. for fifteen days .....
Tag this Judgment!Court : Karnataka
Reported in : 1972CriLJ406
..... when the court forms an opinion that the offender in a given case should be released on probation of good conduct that it has to act as provided by section 4 of the act. it was for the accused to have placed all the necessary material before the court which could have enabled it to consider that the ..... . it has been held that the signature of the district magistrate on his sanctioning order need not be separately proved, for under the combined effect of sections 56 and 67 evidence act, the court can take judicial notice of the signature and can justifiably make a presumption that the signature under the order of sanction is the genuine signature ..... is a basic distinction on facts in the above cited two decisions.section 510 (1) of the criminal procedure code reads as follows: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 .....
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