Court : Mumbai
Reported in : 1995(3)BomCR418
..... the selling of such types of products. there is also in force of the explosives act, 1884 and the explosives substances acts, 1908 which regulates the matter and defines what is explosive or explosive substance. the learned counsel has taken me through section 4(d) of the explosives act, 1884 which gives an exhaustive definition of the word 'explosive' and from which it can be seen that kerosene is not included in ..... this definition. similarly section 2 of the explosives substances act, 1908 defines 'explosive substance' as including any materials for making any explosive substance. in other words .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)ALT(Cri)11; 1994(4)BomCR51; (1994)96BOMLR239; 1994CriLJ1447
..... the said arms would definitely attract section 6(1) of the tada act. section 6(1) of the tada act provides as under:-'6. enhanced penalties.---(1) if any person with intent to aid any terrorism or disruptionist, contravenes any provision of, or any rule made under the arms act 1954 (54 of 1959), the explosive act, 1884 (4 of 1884), the explosive substances act, 1908 (6 of 1908) or the ..... inflammable substances act, 1952 (20 of 1952), he .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR848
..... his version that he wanted to send for those books. it may be perfectly correct. he has discussed the bombs and he may be desirous of discussing the explosives act in some form or another in his newspaper,25. gentlemen, i am afraid, i have detained you longer than i in tended to do. the case is ..... the government established by law in british india, excites or attempts to excite, as the case may be, feelings of ' disaffection' as that term is used in section 124a no matter how guardedly he may attempt to conceal his real object. it is obvious that feelings of hatred dislike, ill-will, enmity, or hostility towards the ..... against the accused are offences of a public or political nature ; and in order to guard against frivolous or vexatious prosecutions started by irresponsible parties under this section the law guards and protects journalists, publicists, and public speakers from such frivolous or vexatious prosecutions by providing that no such prosecution shall be undertaken except with the .....
Tag this Judgment!Court : Mumbai
Reported in : (1910)12BOMLR73
..... .20. crocker v. banks (1888) 4 t.l.r. 324 was the case of a girl employed in a soda water manufactory. she was injured by the explosion of a bottle. she had been warned to wear a mask and such masks were provided. nevertheless, the company defendant was held liable, although the plaintiff had neglected ..... these propositions does not admit of dispute. mere allegation or proof that the company- were guilty of negligence is altogether irrelevant; they might be guilty of many negligent acts or omissions, which might possibly have occasioned injury to some one, but had no connection whatever with the injury for which redress is sought, and therefore the ..... caused or materially contributed to the injury.' now, applying those observations to the facts here, we may go so far as to hold that the plaintiff has proved an act of negligence which (apart from the strict contractual relations set up by the defendant) materially contributed to the injury- but if it only contributed ' materially ' or, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1915Bom232; (1915)17BOMLR1087; 33Ind.Cas.205
..... of eminent judges and jurists in that country, it cannot be denied that after the contract has been made to do a certain act or acts, and those acts become impossible, the contract is void. section 56 deals with two grounds upon which executory contracts become absolutely void: the first of these is that which i have just stated ..... how far the law of england has, in recent times, been modified and brought more closely into accord with the indian law, as expressed in section 56 of the indian contract act, would be a matter of long, difficult and delicate critical analysis. in this country, whatever may have been the law of england, and whatever ..... and the german austrian empire, the government of india proclamation was duly published in bombay, under the sea customs act, prohibiting the export from india of various articles. amongst other things the export of ammunition and explosives, and all materials used in the manufacture thereof was prohibited. now it cannot be denied that manganese is a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom64(1); 37Ind.Cas.491
..... hardly longer than a clove, each of which, when ignited, emits a small report. the governor-general-in-council has issued rules under the explosives act, under section 35 of which an explosive shall not be possessed except under and in accordance with the conditions of the license granted under the rules. it is provided, however, by rule ..... order of the first class magistrate of bail-hongal, who discharged the accused after investigation of a charge of possessing 2,300 lbs of crackers under the indian explosives act, whereas his license only entitled him to possess 200 lbs. the accused imported chinese crackers of various kinds, and the 2,300 lbs with which we ..... such as paper caps for toy pistols. the first question we have to determine is whether the clove-crackers in question are explosives. the definition of 'explosives' requires that they should be either for a practical explosive effect or be used to give a pyrotechnic effect. there can be no question, we think, that the crackers in .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1290
..... j.1. in this case the two accused have been committed to the sessions court of belgaum for trial on charges of offences under section 4 of the explosive substances act vi of 1908. the sessions judge has referred the case to us on the ground that the sanction of government for the prosecution of ..... to the institution or entertainment of the prosecution before a court can take cognizance of the offence. but section 7 of the explosive substances act only restrains the court from proceeding to the trial of any person for an offence under the act except with this consent.4. the committal proceedings are only an ' inquiry ' as defined in ..... clause (k) of section 4 of the criminal procedure code, and as is shown by the heading to chapter xviii of the code. an offence under section 4 of the explosive substances act is triable exclusively by a court of session (see schedule ii ' offences against other laws,' criminal procedure code .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom21
1. in this case the two accused have been committed to the sessions court of belgaum for trial on charges of offences under section 4 of the indian explosive substances act 6 of 1908. the sessions judge has referred the case to us on the ground that the sanction of government for the prosecution of the two accused has not ..... been obtained in accordance with section 7 of that act. we are asked to quash the commitment in toto, in order that the prosecution may obtain the ..... necessary sanction and begin proceedings afresh. section 7 of the act in question says:no court shall proceed to the trial of any person for an offence against the act except with the consent of the local government or the governor-general in council.2. it is to be .....
Tag this Judgment!Court : Mumbai
Reported in : (1927)29BOMLR153
..... of committing a breach of condition 4 of the conditions of the license and of thus having committed an offence under rule 138 of the rules made under section 5 of the indian explosives act 1884. upon the question of penalty, i would remark that in such cases the employer's ignorance has often been held to be a mitigating circumstance, that the ..... the accused of a breach of condition no. 4 of the conditions of his license, and thus having committed an offence under rules 138 of the rules under section 5 of the indian explosives act, 1884, and sentence him to pay a fine of rs. 500. it is a serious case, which resulted in the servant's death ; and i think the ..... the accused should have been convicted of a contravention of rule 32 and consequently an offence punishable under rule 188, clause 4 or clause 9 of those framed under section 5 of the indian explosives act, 1884.22. the case, in my opinion, is one of those where the effect of the statute is to make the master liable for his servant's .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR463
..... und it was held in that particular case j that there was no inadvertence, and accordingly, the company was refused liberty to amend its proof.8. then in re safety explosives, limited [1904] 1 ch. 226 a decision of the court of appeal, certain solicitors, who had a lien for co3ts, handed over their security to a purchaser, ..... obtaining money by false pretences. therefore, weighing those two alternatives, i hesitatingly adopt the first as being consistent with honest conduct, and i would refer to section 114 of the indian evidence act as assisting the court in arriving at that conclusion.12. there is one further alternative which i have yet to consider, that is, the point of ..... alone, or jointly with any other person or persons'. it was also given power to sell the shares to satisfy the lien, then, there are other articles! such sections 141 and 142, which allowed the company to deduct any money due to it from the shareholder out of any dividend or bonus payable to the shareholder.2. stopping .....
Tag this Judgment!