Court : Privy Council
Reported in : AIR1948PC183
..... the degree of negligence differs in cases of the felony of manslaughter and in cases of misdemeanour under s. 222. the circumstances dealt with in the sub - sections of s. 222, are all circumstances which in themselves involve danger and, although the negligence which constitutes the offence in these circumstances must be of a higher degree ..... any probable danger from any machinery of which he is solely or partly in charge; or (h) does any act with respect to, or omits to take proper precautions against any probable danger from any explosive in his possession is guilty of a misdemeanour." 5 it is not necessary to restate the facts in detail since ..... has been found guilty was as follows. statement of offence:-giving surgical treatment negligently and in a mariner likely to endanger life or to cause harm contrary to section 222 of the penal code. particulars of offence:-vishwanath vishnu dabholkar and sadanand shamrao nadkarni on about the 22nd day of july, 1943, in the northern province .....
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 : Allahabad
Reported in : AIR1948All369
..... public order the provincial legislature has power to legislate about the possession of such weapons and to impose penalties for their illegal possession. even if section 19(f), arms act were not in existence and everybody had the right to possess firearms and ammunition with-out licence, the provincial legislature could, in exercise of ..... 1947 is the prevention of communal disturbance in the united provinces. the ordinance deals with the precautionary measures to be taken. it deals with the possession of explosive substances, chemicals and even such articles which are ordinarily innocent, namely, brickbats, but which have proved quite often to be the cause of much of the ..... imposition of penalties for illegal possession for this limited purpose. the prescription of a minimum sentence or of a sentence higher than that provided for in section 19(f), arms act, would, therefore, be entirely within its competence. there is no doubt, reading this ordinance as a whole, that it has been enacted for .....
Tag this Judgment!Court : Chennai
Reported in : 1949CriLJ457
..... repealing and re-enacting statute it makes a specifiic provision to that effect. it is also instructive to refer to act of the central legislature, and that is act x [10] of 1947 called the explosives (temporary provisions) act, 1947. under section 3 of that act. all declarations and orders made under rule 88, defence of india rules or that rule as continued in fores by ..... the emergency provisions (continuance) ordinance, 1946 (xxiv of 1946), and in force itnmediately before the commencement of this act so fair as they are .....
Tag this Judgment!Court : Chennai
Reported in : (1948)2MLJ400
..... repealing ajad re-enacting statute it makes a specific provision to that effect. it is also instructive to refer to an act of the central legislature, and that is act x of 1947 called the explosives (temporary provisions) act, 1947. under section 3 of that act, all declarations and orders made under rule 88 of the defence of india rules or that rule as continued in ..... force by the emergency provisions (continuance) ordinance, 1946 (xx of 1946), and in force immediately before the commencement of this act, so far as they .....
Tag this Judgment!Court : Kolkata
Reported in : 1949CriLJ1
..... . sadhan gupta on behalf of the detenu das gupta advanced the argument that the governor had really usurped the power of the provincial legislature and infringed section 88, constitution act. section 88 is in the following terms:(1) ii at any time when the legislature of a province is not in session the governor is satisfied that ..... necessary. that feeing so, this court cannot go into the question whether circumstances did or did not exist which entitled the governor to act under sub-section (l) of section 88, government of india act.52. it was then argued that in any event the ordinance was not made in good faith. but if this court cannot question ..... federal legislative list, namely, posts and telegraphs, item 7, aerodromes, item 24, arms and ammunitions, item 29, explosive substances, item 30, and offences in respect of such items, item 42. it is true that the security act. does deal with these matters, but, in my view, it only incidentally trenches upon these items in the federal .....
Tag this Judgment!Court : Privy Council
Reported in : AIR1949PC200
..... proceeding inwards. [18] in these circumstances, the chief justice in the supreme court held that these local regulations, coupled with the known and terrible risks of an explosion, constituted " special circumstances " within article 27 of the regulations for preventing collisions at sea "which may render a departure from the above rules necessary in order to ..... and killed about 17,000 of the inhabitants. early in the last world war, a canadian order in council dc 2412, issued under the canadian war measures act, provided for the governmental regulation of navigation within canadian waters, and among other things by cl. 1 required every vessel in those waters to comply with such ..... instead of going astern went ahead for 8 minutes. the trial judge accepted that evidence and bated on it his finding that the order to stop was not acted upon at once. but in the supreme court this conclusion was convincingly analysed and rejected by kellog, j., and their lordships are in full agreement with .....
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 : Punjab and Haryana
Reported in : 1949CriLJ834
..... with section 302 of the code ..... b. 19 (c), arms act cr in the alternative under section 114, penal code read with section 19(c), arms act,, under section 19 (f), arum act, under section 5, explosive substances act cr in the alternative under section 5, explosive substances act read with section 6 of the act, under section 4(b), explosive substances act read with section 6 of the act, under b. 6, explosive sub-stances act read with section 6 of the act, under section 115, penal code read .....
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