Court : Privy Council
Reported in : AIR1949PC250
..... seems to their lordships to be conclusive in the light of the evidence : "if one gives to a child an explosive substance, and the child, with a limited knowledge in respect to the likely effect of the explosion, is tempted to meddle with it to his injury, it cannot be said in answer to a claim on behalf of ..... of contributory negligent cannot be supported. 15 it follows from what their lordships have already said that the attempt to attribute the disaster which happened solely to the acts of the infant plaintiff must fail. that defence cannot indeed be maintained in the light of the concurrent findings of fact in this case, for when once the ..... on behalf of the defendant, at their lordships' bar, as it had been, without success, at the trial, that assuming its employee to have been negligent, the subsequent acts of the infant plaintiff were the real cause of his injuries, and were an intervening cause, or novus actus interveniens, to which alone those injuries should be ascribed. alternatively .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All277
..... have it under his control. it must be remembered that under these sections of the explosive substances act and arms act, mere possession of incriminating articles constitutes serious criminal offences and there must be in my view mens rea or guilty knowledge before a person ..... assumption that a man possesses everything in the house which he possesses. in my view, however, possession and control required to constitute offences under the explosive substances act and arms act, must mean conscious possession and actual control. a man must know of the existence of something before he can be said to control it or ..... applicant is the head of the family is not sufficient for a finding that sughar singh must have been in possession or control of these articles.7. section 19, arms act, is: 'whoever commits any of the following offences, namely. .......(f) has in his possession or under his control any arms, ammunition or military stores .....
Tag this Judgment!Court : Allahabad
Reported in : 1950CriLJ61
..... circumstances which i shall notice, the conviction of the appellants majid khan and bundu khan was, in my opinion, almost impossible. they were convicted each under section 4(b), explosive substances act (vi [6] of 1908) and sentenced to five years' rigorous imprisonment by the learned sessions judge of meerut, and they appeal against the same.2 ..... appellants guilty because he found them to be inside the room at the time of the explosion. the question is whether this is at all an adequate ground in law for such a conviction.8. section 4(b), explosive substances act, provides as follows :any person who unlawfully and maliciously makes or has in his possession ..... or under his control any explosive substance with intent by means thereof to endanger life, or cause serious injury to property .....
Tag this Judgment!Court : Chennai
Reported in : AIR1950Mad266
..... there is lack of bona fides on the part of the government in resorting to the provisions of the act when the petitioner could have been, if the case for the government were true, prosecuted under section 5, explosive substances act, 1908 (act vi [6] of 1908). 10. after anxious consideration, i am of opinion that the view of ..... horwill j. on the two points is correct. i had occasion to consider the object of the provisions of the madras maintenance of the public order act, 1947, requiring the government ..... i also agree with horwill j. that the fact that the government had abandoned the intention of prosecuting the case initiated against the petitioner under the explosive substances act is undoubted proof that the government did not believe in the truth of the allegation now made. if the government were really serious in the charge .....
Tag this Judgment!Court : Privy Council
Reported in : AIR1950PC39
..... hobson, the respondent's assessor, visited the premises and after doing so said that a very short examination of the large boiler setting showed there bad been a furnace explosion of considerable violence. moreover, mr. watson, the fire loss adjuster for the fire insurance companies which had insured the premises and mr. jones, the alberta provincial boiler ..... it reaches first shall depend the commencement of liability determined with respect to 7th midnight." 6. both accident and object are defined in the policy and admittedly accident includes explosion, and the boiler referred to is an object within the meaning of that term in the policy. 7. the policy also provides : "(f) commencement of liability: ..... the telegram sent by wilkinson to his head office at brown's request in as much as in forwarding the notice he must be held to have been acting on behalf of the appellant company. 11. but these are technical matters and the substance of the case lies rather in the contention as to the true .....
Tag this Judgment!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 : Allahabad
Reported in : AIR1950All369
..... be considered by a bench of two judges.2. the applicants are on their trial for an offence under section 5, explosive substances act. during the course of the trial, was tendered in evidence a report from the inspector of explosives. it was received in evidence and exhibited without any objection on the part of the defence, the result ..... was fixed as the date for the delivery of the judgment in the case. on 2nd august 1949, the assistant government pleader applied that the inspector of explosives be examined under section 540, criminal p. c, for the purpose of formally proving his report. the object of this application was, therefore, clearly to meet a technical objection ..... that the trial was closed when this order was made, and, therefore, the court had no jurisdiction to summon the inspector of explosives as a witness under section 640, criminal p. c. at that stage.4. section 540, criminal p. c., reads as follows:'any court may, at any stage of any enquiry, trial or other proceeding under .....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal214
..... . contra non valentem agree non currit prescription.' (see gale on easements, last edition, page 189.)15. it was presumably upon this principle that by the 7th section of the english act, the 2nd and 3rd william 4th, c. 71, the time during which an infant, an insane person, or a married woman is the owner of the ..... this was the view of the legislature of this country there is no provision in the indian limitation act corresponding with section 7 of the english prescription act, though there is a provision in section 27, which answers to section 8 of the prescription act, and which protects, under certain conditions, the rights of reversioners.23. it is probable that the words ..... which rights of way and other easements are now generally acquired in india, h as nothing to do with prescription. it is 'an act for the limitation of suits and other purposes,' and section 26 enables any person to acquire a right of way by a twenty-years' user without reference to any grant, express or implied, .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad115
..... motives lay on the plaintiff. if the suit was one in this court, the plaintiff would be bound in his plaint to allege that the defendant so acted. the exception in section 2 is in the same sentence that enjoins the necessity for the letters of administration to the party claiming. according to the ordinary rule the plaintiff should ..... the collection of such debts by removing all doubts as to the legal title to demand and receive the same.14. section 1 is exactly the same as section 2 of act xxvii of 1860, before quoted.15. sections 2-8 provided for granting certificates to collect debts due to deceased persons, and that debtors paying thereunder should be thereby ..... question in the suit is whether the plaintiff, who has not obtained administration, can compel the defendants to pay the money to her. the act of the governor-general in council (xxvii of 1860, section 2) provides, no debtor of any deceased person shall be compelled in any court to pay his debt to any person claiming to be .....
Tag this Judgment!Court : Mumbai
Reported in : (1883)ILR7Bom494
..... a second arbitration may be, and indeed must be, entered on as the only possible way to a decision. in cases under the act no doubt the second arbitration would have to be governed by the provisions of sections 178 and 179 that is not questioned. but, subject to these provisions, a second arbitration we think may be had, unless there ..... on it. we must, therefore, in dealing with it be guided by general principles and by a consideration of such sections of the act as may throw light upon it. what is the position of a dissenting shareholder under the act? he is entitled to his share in the assets. certain powers are given to a majority of the shareholders over the ..... capacity, and represents no public interests; he merely represents the private interests of individuals more or less numerous, filling that character his duties are laid down by the act section 149, sub-section 7, provides that every voluntary liquidator may, without the sanction of the court, exercise all the powers given by the .....
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