Court : Madhya Pradesh
Reported in : 1951CriLJ637
..... were recovered; of these, it is alleged, twenty-four were old. what it meant by old cartridges has not bean explained. the respondent was prosecuted under section 5, indore explosive substances act for being in possession of explosive substances without an explanation that he had them for a lawful object. the learned dist. mag. indore city convicted him under that ..... section & sentenced him to four months' rigorous imprisonment & a fine of rs. 100. on appeal the learned ses. j. acquitted him on the ground that the ..... hotel & believed that they might have be longed to pannalal. this fact cannot be expected to be proved. there can only be his word for it. a ct may act on the explanation of an accused if it believes it to be reasonbly true, see a.i.r. (20) 1933 p.c. 280 (sic) narayana v. emperor .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1956CriLJ624
..... and negligent acts enumerated which have been made punishable: e. g., section 282 dealing with conveying person by water for hire in unsafe or overloaded vessel; section 283 relates to causing danger, obstruction or injury to any person in a public way or public line of navigation; section 284 to section 289 deal with negligent conduct with respect to poisonous substance, fire, combustible substance, explosive substance ..... of bombay v, malkaji (d)', is a case of 1884, and the appeal was decided by kendall and birdwood jj. it was decided that where a person by allowing his cart to proceed unattended along a road runs over a boy who is sleeping on the road, he cannot be convicted under section 279, i.p.c., but must be convicted under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP267; [1960(1)FLR366]; (1960)ILLJ789MP
..... which is as follows : 'employed in the making of any excavation in which on any one day of the preceding twelvemonths more than fifty persons have been employed or explosives have been used, or whose depth from its highest to its lowest point exceeds twenty feet.' 7. now it is found that the well in question was deeper than ..... ot the expression 'monthly wages not exceeding three hundred rupees' means wages which do not exceed on an average of rs. 300/- a month. that construction is supported by section 5.' this decision is followed in alimohamed v. shankar, air 1946 bom 169, by macklin and rajadhyaksha, jj. i agree with this. 6. the next and more difficult ..... v. mt. mariam, air 1951 pat 260, in support of his contentions. 4. the term 'workman' is defined by section 2(n) of the workmen's compensation act. material part of it as applicable to the present case is : 'in this act, unless there is anything repugnant in the subject or context, (n) 'workman' means any person (other than a person .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP128
..... in that certificate the petitioner's business was stated to be of wholesale distribution of coal and the goods specified for purpose of section 8(1) of the act were lubricant oil, fuel and explosives.the petitioner then applied for amendment of the certificate so as to include in the specification more goods which, according to the ..... and coke. it is the owner of the west chirimari colliery situated in sarguja district. the petitioner-company applied for registration as a dealer under section 7 of the act. in the application for registration, which the petitioner made in 1957 in form a prescribed by the central sales tax (registration and turnover) rules, 1957 ..... for the issue of a direction to the opponents for specification of certain goods in the certificate of registration issued to the petitioner under section 7(3) of the central sales tax act, 1956.2. the petitioner is a joint stock limited liability private company carrying on the business of mining coal and trading in coal .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP301; 1963CriLJ521; 1963MPLJ489
..... eminent authors and authorities on islam religion. as we have said earlier, while determining whether the lesson in question is of the nature described in section 12(1) of the act, it would not be legitimate to compare the lesson with other publications containing similar matter. confining ourselves to what has been written in the ..... in front of the circuit house. the students dispersed after the chief minister assured them that inquiry would be made. the situation on the 7th september was explosive and the 'pradeep' a hindi newspaper praised the dig, the collector and the superintendent or police for their efficient handling of the situation. similarly there was ..... question whether the lesson has the objectionable features on the basis of which the impugned order was made, it is necessary to refer to section 12 of the act. the material portion of that section is as follows:'12(1) if the state government is satisfied that the bringing into, sale, distribution or circulation of any newspaper, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP297; [1967(14)FLR150]; (1967)ILLJ340MP
..... exploded and caused an injury to the workman. it was held that since the workman was not responsible for the placing of the bomb, and the injury due to its explosion was caused at the time and place at which he was employed, the injury was a result of an accident arising out of his employment. the same principle was ..... workmen's compensation gwalior in case no. 7 of 1959.2. the opponent mt. kausa had presented an application on 2-6-1959 under section 22 of the workmen's compensation act (hereinafter referred to as the act) against present appellant alleging that her husband gokul who was working as a gang-jamadar in connection with the repair work on the sakhya ..... of gokul in the present case was certainly neither expected nor designed by him. it would, therefore, amount to an 'accident' within the meaning of section 3(1) of the workmen's compensation act.5. the next question which has to be considered is whether the death of gokul in the present case can be said to have 'arisen out of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1970)ILLJ710MP; 1969MPLJ699
..... of the term 'employer ' nowhere includes an agent, much less the managing agents.6. admittedly the notice of change cannot be supported in terms of section 9a of the act, which reads:9a. notice of change.--no employer, who propose to effect any change in the conditions of service applicable to any workman in respect of any ..... of no. 6 lncline, chandametta colliery, certain categories of jobs have become surplus. as such, following adjustments are made in the nature of your job:(1) md. hafiz, explosive carrier, category ii to general mazdoor, category i.(2) sarfraz, pump khalasi, category iii to general mazdoor, category i.(sd.) [illegible],manager.4. according to the management, ..... its incline no. 6 where he was employed. the learned counsel states that in view of the definition of the word 'employer' as contained in section 2(g) of the act, which includes an 'agent,' the managing agents would come within the purview of that term. in view of that concession, we would refrain from expressing .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1972MPLJ830; [1973]30STC337(MP)
..... had to consider whether electric detonators are 'electric goods' falling within entry 37 of schedule i to the andhra pradesh general sales tax act, 1957. a 'detonator' is an explosive accessory for initiating high explosives. it is used for blasting purposes and is issued only against special licence to be obtained by persons concerned with blasting or mining operations ..... of the record of that case. the high court observed as follows ;practically, there is no difference between ordinary and electric detonators so far as detonator or explosive portion is concerned. the combination of chemicals compressed in the metallic casting in both the kinds of detonators is essentially the same. if at all there is any ..... ordershiv dayal, j.1. this is a reference under section 44(1) of the m. p. general sales tax act, 1958 (hereinafter called the act), at the instance of the assessee (applicant). the following question, which has been referred, arose out of the order dated 23rd july, 1967, passed by the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP18
..... (i) one exception is that if loss, destruction, etc., arises from any of the causes enumerated in clauses (a) to (i) of section 73 (i.e. act of god, act of war, latent defect, fire, explosion or any unforeseen reason, etc. etc.), then the railway is not liable. provided it further proves that it has used reasonable foresight and care in ..... instance, that there was negligence or misconduct on the part of the railway administration or any of its servants within the meaning of section 73 of the railway act.4. under section 11 of the railway act, 1854, the railway company was answerable for loss or injury, when it was caused by gross negligence or misconduct on the part ..... the carriage of the animals or goods (section 73). (ii) another exception is when goods are booked at the owner's risk .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1978MP122
..... may well be an elusive and unsafe guide and the supposed spirit can certainly not be given effect to in opposition to the plain language of the sections of the act and the rules made thereunder. if all that can be said of these statutory provisions is that construed according to the ordinary, grammatical and natural ..... determination of the question, whether or not an industrial dispute exists, is not a determination of the industrial dispute or any question relating thereto within section 2(b) of the industrial disputes act, 1947. 13. during the course of arguments at the bar, some reference was made by shri dharmadhikari to the propriety of enacting article 228a ..... and hear every case where the constitutionality of an act, rule, by-law or even a small notification is challenged. procedural pragmatism in the light of actual experience of the working of this court will easily convince anyone that in the context of the current docket explosion and long pendency of cases, the insistence on this .....
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