Court : Mumbai
Reported in : AIR1958Bom103; (1957)59BOMLR491; 1958CriLJ352; ILR1957Bom487
..... factory. in this manner, says mr. mistry, the respondent did not have the requisite mens rea and, therefore, he could not be convicted under section 5(3) of the indian explosives act, 1884.17. now, though it is true that actus non facit reum nisi mens sit rea is a cardinal doctrine of criminal law, the legislature can ..... a period of three years would possibly fall within the limited and exceptional category of offences. hero also mr. mistry says that an offence under section 5(3) of the indian explosives act, 1884, which is punishable with imprisonment which may extend to three years and fine, would not fall within the exceptional category of minor, offences which could ..... although rule 81 read with condition no. 11 of the licence imposes an absolute prohibition, mens rea is a constituent element of an offence under section 5(3) of the indian explosives act, 1884, and that the respondent-accused should not be found guilty of the said offence unless he is shown to have had a guilty mind. .....
Tag this Judgment!Court : Mumbai
Reported in : 1958CriLJ1144
..... to explode, on these facts the accused was tried at one trial for three offences under section 6 read with sections 3 and 4(a) of the explosive substances act, 1908, and was also charged in the alternative with an offence under section 4 (b) of the act. the trial having proceeded on these charges, an application was made on behalf of the ..... acquitted by a court-martial for the offence of theft or criminal misappropriation of government property which is covered by s, 52 (a) and (b) of the act, section 127. specifically provides that he may be tried again by a criminal court for the same offence or on the same facts, provided the sanction of the central government ..... been indirectly repealed, altered or derogated from merely by force of such general words, without any indication of a particular intention to do so. see seward v. the vera cruz (1884) 10 ac 59 ; barker v. edger 1898 ac 748 ; and maxwell on interpretation of statutes, 10th edition, page 176. in our opinion, however, it is not .....
Tag this Judgment!Court : Mumbai
Reported in : (1958)60BOMLR159
..... explode. on these facts the accused was tried at one trial for three offences under section 6 read with sections 3 and 4(a) of the explosive substances act, 1908, and was also charged in the alternative with an offence under section 4(b) of the act. the trial having proceeded on these charges, an application was made on behalf of the ..... if a person were convicted or acquitted by a court-martial for the offence of theft or criminal misappropriation of government property which is covered by section 52(a) and (b) of the act, section 127 specifically provides that he may be tried again by a criminal. court for the same offence or on the same facts, provided the sanction ..... have been indirectly repealed, altered or derogated from merely by force of such general words, without any indication of a particular intention to do so. see seward v. 'vera cruz' (1884) 10 app. cas. 59; barker v. edger [1898] a.c. 748; and maxwell on interpretation of statutes, 10th edn., 176. in our opinion, however, it is .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom231; (1958)60BOMLR180; ILR1958Bom493
..... demands. there is very much discontent (sic) amongst the employees and a situation is highly explosive. we, therefore, request you to refer our dispute to the provincial industrial court under section 39 of the m.p. industrial disputes settlement act, 1947 and avoid inconvenience and hardship that would cause to the public if the employees ..... to time. the labour commissioner also expressed the opinion that conditions existed to justify reference of the dispute to the state industrial court, under section 39 of the act. it is true that the original documents are not before us but the official file of the labour commissioner, which has been placed before us ..... it is also open to doubt whether the question of granting gratuity other than on discharge would fall within the definition of 'industrial matter' as contained in section 2(13) of the act. it is not specifically mentioned in that clause that gratuity falls within any of the expressions 'work, pay, wages, reward.. . .privileges, rights' .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom346; (1958)60BOMLR1314
..... the owner of a cinema theatre in pursuance of two notifications issued by the state of madras in the purported exercise of the powers conferred upon it by section 8 of the cinematograph act, (ii of 1918). the impugned conditions related to the obligation on the licensee to exhibit at each performance one or more approved films of such length ..... are other provisions relating to rules for the grant of licences in connection with display of pictures, advertisements, carrying in streets and public places of gunpowder or any other explosive substance, the playing of music, the illumination of streets, and public places, the blasting of rock and the use of loudspeakers, etc. it is urged that the objection ..... must have attained the age of majority and must be a person of sound mind, it would not be within the ambit of the authority conferred by section 33(w) of the act. it cannot be said that every rule which lays down a personal qualification for the grant of a licence would be bad in law. the rules that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1993Bom151; 1962(64)BLJR740; [1963]48ITR577(Bom); 1963MhLJ143
..... question in the present reference the income-tax officer took the view that the income which the company obtained was appropriately to be assessed under section 9 and not under section 10 of the act. he, accordingly, made the assessment for these years on that basis. in the appeal, which the assessee company filed before the appellate assistant ..... incorporation purchased a plot a mahim, the place which was approved of by the chief inspector of explosives, and constructed 13 units on the said plot of land in conformity with the specifications laid down in the cinematograph film rules of 1948. twelve of these ..... with the specifications laid down in the said rules and situated to be approved by the chief inspector of explosives, government of india. under these rules, a place at mahim was approved by the chief inspector of explosives, government of india, as a suitable place for the construction of the film godowns. the company after its .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1964Bom253; (1964)66BOMLR230; 1964CriLJ523; 1964MhLJ360
..... agree with the observations made by this court in 63 bom lr 87. whatever limitation on personal liberty as may be involved because of the provisions of section 129a, ofthe act will therefore, have to be examined in the light of the general right to personal liberty as is covered by art, 21 of the constitution. article ..... civil rights'. it has in its legal aspect an obvious and close similarity to laws which place restrictions on the sale or custody of poisonous drugs, or of dangerously explosive substances. these things, as well as intoxicating liquors, can, of course, be held as property, but a law placing restrictions on their sale, custody, or removal ..... provision for compulsory medical examination. the latter question, however, did arise in state v. balwant ganpati 63 bom lr 87, and it was held that section 129-a of the act, did not violate the protection against compulsory self-incrimination guaranteed by article 20(3)of the constitution and was, therefore, valid. arguments with regard to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom1; (1964)66BOMLR353; 1965CriLJ10; ILR1964Bom679
..... 23 employees died and eight more employees sustained injuries. the state government appointed a commission of inquiry under the commissions of inquiry act, 1952, to inquire, among other things, into the cause of the said explosion. this commission was appointed in april 1962. the commission recorded the evidence of several persons. after the inquiry, a charge ..... the present revision application is preferred by the accused.(4) mr. nain, who appears for the petitioner accused, contends that the interpretation put upon section 6 of the commissions of inquiry act, 1952, by the courts below is erroneous. s. 6 reads thus :'6. no statements made by a person in the course of giving ..... witness made before a commission could never subsequently be shown to be inaccurate, wrong or false, except in a prosecution against that witness mentioned in the said section.(6) mr. rane, the learned assistant government pleader, contends that if it was correct to say that s. 6 is intended merely to protect a witness .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom224; (1965)67BOMLR101; ILR1965Bom394; 1965MhLJ290
..... be competent to acquire, hold and dispose of property both moveable and immoveable, and to contract, and do all things necessary for the purposes of the act. section 4 provides for the constitution of the corporation. a perusal of the several categories of its members will indicate that excepting three members to be nominated by ..... abundantly established. the said correspondence appears at pages 78 to 90 of the paper book. it was on the 24th january 1963 that the inspector of explosives of the central government at bombay approved the plans showing the site and details of construction of the proposed gunpowder factory of the petitioner and informed the ..... of the present acquisition 'specifically for re-establishing the said factory'. he also averred that detailed plans of the buildings to be constructed were submitted to the explosives department of the government of india and have been finally approved by the department on the 24th january 1963. the land which he had thus purchased was .....
Tag this Judgment!Court : Mumbai
Reported in : (1965)67BOMLR484
..... (liquid, viscous or solid) containing any liquid hydrocarbon.the comments by the chief inspector of explosives show that crude oil and lubricating oils fall within the general description 'liquid hydrocarbon or mixture of hydrocarbons'. chapter i of the petroleum act, 1934, relates to 'control over petroleum'. section 3(1) provides-no one shall import, transport or store any petroleum save in accordance with ..... . the 'statement of objects and reasons' runs as follows:section 394 of the bombay municipal corporation act provides that certain articles shall not be kept, and certain trades shall not be carried on, without a licence, because they are dangerous or likely to create a nuisance. since it is noticed that fires and explosions occur in the city due to unauthorised or negligent .....
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