Court : Mumbai
Reported in : AIR1948Bom417; (1948)50BOMLR210
..... were arrested between october 3, 1947, and october 17, 1947. the offences with which they were charged were under sections 302, 307 and 114 of the indian penal code read with sections 5 and 6 of the explosive substances act. the remand application states as follows:during the recent communal riots in the city, there have been several bomb outrages ..... you maganlal hibji vyas are informed that the grounds on which an order of detention has been made against you under clause (a) of sub-section (1) of section 2 of the said act, are:that you are a member of a gang, which in furtherance of the political object of its party formed an organization to manufacture metal ..... casing bombs and other explosives and did aid and abet chabildas dayanand arya (a)(which means alias) sardar sanjit singh to manufacture bombs. you were concerned .....
Tag this Judgment!Court : Mumbai
Reported in : (1948)50BOMLR190
..... was liable for the act of his servant. the offence was constituted by the rules framed under the indian explosives act, and under section 5 the rules could not impose a sentence exceeding a fine prescribed by section 5 of the act. therefore, in our opinion all these three ..... again for contravention of the section the sentence was a fine of rs. 250, and in emperor v. mahadewappa mr. justice fawcett and mr. justice shah differed and the case was referred to mr. justice crump, who agreed with mr. justice fawcett that the accused who held a licence under the indian explosives act, 1884, to manufacture gun-powder ..... no mens rea has been proved against him. now, in order to determine that we must first turn to the section which lays down the punishment, and that is section 7 of act xxiv of 1946. this act took the place of ordinance no. 18 of 1946, and that in its turn replaced the rules framed under the .....
Tag this Judgment!Court : Mumbai
Reported in : (1948)50BOMLR293
..... and the charge is that the accused used a cartridge, being an explosive substance, by putting it in the gun and firing it, thereby constituting a rash and negligent act. if he had fired a gun which was not loaded and which did not contain any cartridge, undoubtedly section 286 would not apply.9. our attention has been drawn to a ..... the different courts enumerated in section 6 of the code of criminal procedure. a court is inferior to another court, when an appeal lies from the former to the latter, and same is the view taken of this expression by the calcutta high court in nobin kristo mookerjee v. russick lall laha i.l.r. (1884) cal. 268, where ..... the bench consisting of mr. justice mc-donell and mr. justice field held that 'inferior criminal court' must be construed to mean 'judicially inferior', that is, a court over which the court or magistrate proceeding under section 435 of the code has appellate jurisdiction.5. we, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom337; (1949)51BOMLR515
..... accept the averments made by the plaintiffs in the plaint.5. in my opinion, therefore, this is clearly a suit which does not fall within the purview of section 50 of bombay act lvii of 1947 and, therefore, this court has jurisdiction to try the suit. the order, therefore, made by the learned judge that this suit should be transferred ..... received from the plaintiffs. with regard to defendants nos. 3 to 7, who put in a joint written statement, their contention was that after the tenancy terminated on the explosion having taken place, the plaintiffs were no longer the tenants of the defendants but they were mere licensees, and the defendants required the plaintiffs as a term of the ..... of 13 months during which the tenancy was to continue. according to the plaintiffs it was also agreed that with regard to the tenancy of certain months anterior to the explosion for which the plaintiffs had not paid rent, they should pay a pugree of rs. 60 a month for 5-ir months, which came to rs. 345. according .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom72; (1951)53BOMLR834; ILR1952Bom201
..... live revolver cartridges and produced them before the police. on these facts, the accused was subsequently sent up for trial forcommitting offences under section 19 (f) of the indian arms act and under section 5, explosive substances act, he pleaded not guilty to the charges. he stated that he and shamrao were related, that he, therefore, used to go ..... had stated that be had concealed the bomb at that place. the learned sessions judge, therefore, convicted the accused under section 19 (f) of the indian arms act and under section 5 of the indian explosive substances act, and sentenced him to three years' rigorous imprisonment. the accused has appealed against his conviction and the sentence passed upon him ..... chainani, j.[1] this is an appeal by the accused against his conviction under section 19 (f), arms act and under section 5, explosive substances act, and the sentences passed upon him by the sessions judge, south satara.[2] the accused was arrested on march 12, 1950, i connection with .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom177; (1951)53BOMLR928; ILR1952Bom540
..... r. 555. in that case the accused was charged under section 6, read with sections 3 and 4(a) and section 4(b), explosive substances act, 1908. after the trial went on and the arguments concluded, the charge under section 6 was withdrawn and the accused was only convicted of one charge under section 4(b). the question that arose for consideration before divatia ..... of which the accused holds no license, i cannot see how the accused would be prejudiced by combining the three charges of theft under section 234 with a charge under the arms act under section 235 (3). but merely because in such a case no prejudice would be caused to the accused, it would be no justification on ..... charged as a result of any doubt experienced as to which of the offence is committed by reason at a single act or a series of acts committed by the accused. therefore, this is the only section which provides for disconnected offences being tried together and as i said before this can only be done provided the three .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom382; (1952)54BOMLR421; ILR1952Bom1048; (1952)ILLJ1Bom
..... show special exposure to injury by them. they represent exactly for this purpose the operation of such forces as lightning, heat and cold.'mr. petigara, therefore, suggested that an explosion due to a bomb stands on the same footing, as, for example, an accident arising out of lightning, or by reason of extreme cold, or extreme heat. here ..... evidence was led before the commissioner, and two persons were examined. one of them was an inspector of police, who visited the place of the incident after the explosion, and a clerk by name bento in the hamalage workshop at the alexandra dock. at the trial the appellant gave up the contention that vinayak was not a ..... decisions reported in 'simpson v. sinclair' (1917) ac 127 and 'brooker v. thomas borthwick & sons (australasia) ltd' (3933) ac 669.on the interpretation of section 3(1) of the workmen's compensation act, 1923, this is what macklin j. said (p. 541):'the next question is whether the accident arose out of the employment within the meaning of .....
Tag this Judgment!Court : Mumbai
Reported in : (1956)IILLJ21Bom
..... deceased employee was not responsible for it in any manner. he was working in the neighbourhood of that place when the bomb suddenly exploded. it was a result of that explosion, which was entirely unforeseen, that the employee sustained injuries and died. if even in those circumstances the accident could be held to have arisen in the course of and ..... why, in principle, a claim to compensation cannot be sustained in a case, where a workmen was admittedly working at a time and place, when as a result of an explosion of a bomb, which was near the table and was assigned to him, the workman received injuries, as a result of which he died.' 12. in the abovementioned case ..... a bomb which was placed by an unknown person near the place where the workman was doing his work. in a claim for compensation under the workmen's compensation act, a question arose whether the personal injuries which were caused to the workman were caused by an accident arising out of his employment. it was held that the workman .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1957Bom52; (1956)58BOMLR149; ILR1956Bom239; (1956)IILLJ21Bom
..... employee was not responsible for it in any manner. he was working in the neighbourhood of that place when the bomb suddenly exploded. it was as a result of that explosion, which was entirely, unforeseen, that the employee sustained injuries and died. if, even in those circumstances, the accident could be held to have arisen in the course of and ..... why, in principle, a claim to compensation cannot be sustained in a case, where a workman was admittedly working at a time and place, when as a result of an explosion of a bomb, which was near the table which was assigned to him, the workman received injuries, as a result of which he died.' in the abovementioned case, a ..... a bomb which was placed by an unknown person near the place where the workman was doing his work. in a claim for compensation under the workmen's compensation act, a question arose whether the personal injuries which were caused to the workman were caused by an accident arising put of his employment. it was held that the workman .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom147; (1957)59BOMLR485; 1958CriLJ489; ILR1957Bom480
..... at a place where the respondent was not authorised to have it done, the respondent was guilty of having committed an offence under section 5, sub-section (3) of the explosives act read with rule 81 of the explosives rules.6. in support of the point of view pressed by mr. chandrachud, he has invited our attention to an english decision ..... an appeal from the judgment of the learned presidency magistrate, 10th court, andheri, bombay, acquitting the respondent who was charged with having committed an offence under section 5, sub-section (3) of the indian explosives act read with rule 81 of the explosives rules, 1940,2. on 24-8-1954, at about 2.45 o'clock in the afternoon an ..... explosion occurred in the morani fire works situated at andheri, as a result of that explosion, 19 lives were lost and some workers sustained injuries. one of the injured .....
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