Court : Chennai
Reported in : AIR1926Mad576; 94Ind.Cas.411; (1926)50MLJ384
..... which begins 'which is likely'. nor is it necessary to hold that the first two clauses are governed by the last. it is sufficiently obvious that the storing of explosives or combustibles and the manufacturing of things from which offensive or unwholesome smells arise are likely to be dangerous to human life, or health, or property, and no further ..... a 22 horse power gas engine to work a rice hulling machine. the sub-magistrate refused to convict. he found that the case was governed by section 250 and not by section 249 of the act. he was further of opinion that machinery used for rice hulling was not the kind of machinery contemplated by schedule v (q).2. it is argued ..... a license for its being worked or to impose impracticable conditions on its working.4. i think that the magistrate was right in holding that a license under section 249 of the act was not necessary in this case. i am also of opinion that the machinery referred to in schedule v is machinery of a kind that is propelled by .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal149
..... court or other high authority (e.g., cases of perjury, sedition, offences under the arms and explosives act and the like) that the sanction of a court or other authority is necessary before a case can be instituted. here section 72 (2) of the provincial insolvency act only lays down the procedure which the court may adopt when it determines to prosecute for an ..... is in the words:no court shall take cognizance of an offence unless with the previous sanction or on the complaint; ofand section 7 of the explosive substance act.no court shall proceed to the trial of any person...under this act except with the consent of the local government or the governor-general in council.15. as to the question of joint trial .....
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 : Kolkata
Reported in : AIR1928Cal27
..... practice. he may even have attempted to shield his friends from suspicion. but to convict him of possessing, manufacturing or conspiring to possess explosive articles within section 5, explosives act, something more need be proved than his occasional visits to the house or his statement about the inmates of the house to satis, ..... search. i am not convinced that temporary residence in a house containing explosive articles, even with the knowledge of their existence there, is possession, within the meaning of section 5, explosives act. conspiracy to possess, i take it, connotes some act of possession or attempted possession. on all these grounds i hold that ..... is, therefore, reduced to that imposed upon those three persons, namely rigorous imprisonment for five years under section 4(b), explosive substances act, and rigorous imprisonment for two years under section 19(f), arms act, the sentences to run concurrently. considering the nature of the conspiracy, the sentence passed on the other .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal721
..... .4. there is no much difference between consent and sanction, the absence of either of them being a bar to the initiation of prosecutions under the acts. section 7, explosive substances act, provides that consent to the prosecution should be obtained before the court proceeds with the trial of the accused. the idea underlying ..... a cognizable offence is the institution of criminal proceedings within the meaning of section 211, i.p.c.3. in a sister piece of legislation, that is, the explosive substanee3 act, a similar sanction is provided for by section 7 of act 6 of 1908. section 7 of that act runs as follows:no court shall proceed to the trial of any person ..... for an offence against this act except with the consent o the local government or governor-general in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1929Cal14
..... inadmissible and satish has been acquitted on these charges. but gour pleaded not guilty to the charges of conspiracy to commit offences under section 4-b and section 5, explosive substances act, and section 19-f, arms act, and on this charge he was being tried jointly with satish. as it was the same offence the confession of satish was ..... two persons were put upon their trial as stated above. gour chandra pleaded not guilty to a conspiracy to commit offences punishable under section 4-b, section 5, explosive substances act and under section 19-f, arms act, and pleaded guilty to the other charges. satish pleaded not guilty to all the charges.3. the main evidence which may be ..... there was an agreement between these two persons to keep the bombs, pistol and gun cotton and to keep them for the purposes described in sub-section 4 (b), explosive substances act, namely, with intent either themselves to endanger or to enable other persons by means of them to endanger life. i am therefore of opinion .....
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!Court : Chennai
Reported in : AIR1930Mad55; 121Ind.Cas.849; (1929)57MLJ71
..... or offensive, in this town. it is four times what is charged for licensing places for storing such dangerous things as nitro-glycerine, fulminate of mercury and other explosives. it is many times the fee charged for storing fire-works. on the calculations which mr. rangaswami aiyangar has made it appears that, before this change in the ..... this licence with the fees for other matters which entail much greater expense and trouble on the corporation, such as fees for stables, dairies and storing skins and explosives, we find that the fee for storing spirits is by far the highest although those other matters entail much greater trouble and are more dangerous and offensive to ..... chapter v deals with taxation and enumerates the several taxes which the council is empowered to levy. licences are dealt with in part iv of the act and are leviable under section 287. the power to levy fees for licences is given in the chapter on procedure. there can be little doubt that there is great difference between .....
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