Array ( [0] => ..... murshidabad of the same date shows clearly that the government consented to a prosecution under section 4, explosives act, read with section 120-b, i. p.c, and section 436 read with section 120-b, i. pc, and for 'such other offence of offences as may be disclosed in the evidence.' in our opinion, therefore, the learned ..... penal code and consequently the special judge had no jurisdiction to try them. it is true that in the order, dated 27th may 1932, only section 4 explosives act, read with section 120-b, i. pc, and section 436 read with section 120-b, i. pc, are explicitly mentioned. but the letter from the deputy secretary to the government of bengal to the district magistrate of ..... [1] => ..... , though it is an offence to go armed with them, as provided in section 13. some confirmation of this view of the distinction to be drawn between the sections is provided by the recent bengal criminal law (arms and explosives) act (21 of 1932) in which, by sections 3 and 4, it is provided thatwhoever commits an offence under clauses (c), ..... (e) and (f), section 19, if the offence is committed in respect of a fire-arm ..... dissented from. it was held that each case of concealment of arms must be decided on its own facts, as to whether it falls under section 19 or section 20, arms act, but for section 20 to apply, there must be some special indication of an intention to conceal possession of the arms from a public servant, railway official ..... [2] => ..... we are not called upon to offer any observations with regard to it. the result is therefore that except with regard to the convictions under section 4(b), explosive substances act, to which we have referred, the appeals of all the appellants are dismissed. in their judgment the commissioners have commended the work of the ..... convicted.3. the only objection taken before the commissioners as to the form and conduct of the trial was with reference to the charge under section 4(b), explosive substances act. the commissioners overruled this objection, and when mr. basu for the appellant dastidar was taking the point before us, the learned advocate-general for ..... the case of each appellant, and after setting aside the convictions of tarakeswar dastidar and kalpana dutt, under section 4(b), explosive substances act, we are of opinion that the convictions of all the appellants under the other sections must be maintained.38. as to, the question of sentence, the commissioners state that with regard to ..... [3] => ..... appellant has been convicted and sentenced by the learned chief presidency magistrate, calcutta, exercising jurisdiction as a special magistrate under section 24,bengal act 12 of 1932, for commission of offences under section 4(b) and section 5, explosive substances act (act 6 of 1908). the offences charged in this case and in regard to which evidence was placed before the court ..... it was a statement seeking to dear himself at the expense of the appellant, and as such, the statement could not be taken into consideration under section 30, evidence act, or any other provision of the law as against the appellant.3. the statement of taraprasanna ghatak, as an explanation exculpating himself from his share of ..... our judgment, the conviction of the appellant as it stands must be set aside, based mainly as it is on the statement of a co-accused recorded under section 342, criminal p. c.4. as indicated above, we give effect to the points raised before us in support of the appeal that the, statement of ..... [4] => ..... no charge need be framed.4. this shows that the procedure should be that of a warrant case, and accordingly i consider that the procedure of section 30 of the evidence act would apply. the objection was taken that there was little evidence to support the confession of khub singh. the court below mentions that 39 witnesses were called ..... . on reference to the certificate of the chemical examiner f find that learned counsel is not accurate. the certificate states that sodium may be used to cause an explosion within a closed receptacle and that sulphuric acid (strong) la used as one of the constituents in certain types of bombs. further it is obvious that sulphuric acid ..... is a criminal revision filed on behalf of three persons, richpal singh, khub singh and shiamsundar lal who have been required to furnish security by a magistrate under section 110(f), cr.p.c. for a period of three years and on a reference the learned sessions judge has sentenced them to imprisonment on failure to furnish ..... [5] => ..... the evidence on the record justifies the conviction of the appellant, i should dispose of certain questions of law advanced by learned counsel. it is said that because of section 7, explosive substances act, the learned magistrate who committed the accused to the court of session should not have taken cognizance of the case without the consent of the local government. that ..... as well. moreover, even if the learned sessions judge had not framed a charge under section 5, explosive substances act, he could, under the provisions of section 237 criminal p.c., have convicted the appellant under section 5, although he was charged under section 4-b alone. i am therefore of the opinion that there is no force in the two contentions of law ..... bajpai, j.1. this is an appeal by nathu ram who has been convicted under section 5, explosive substances act (6 of 1908), by the assistant sessions judge of etawah and sentenced to four years' and six months' r.i. mr. k.n. agarwala appearing on behalf of the ..... [6] => ..... we are satisfied that the appellant was in unlawful and secret possession of a large quantity of arms, ammunition and explosive substances in circumstances, which created offences under section 20, arms act, section 5, explosive substances act, and section 411, penal code. he was therefore in our view, properly convicted by the learned sessions judge on these charges.43 ..... that he was in possession of such articles under circumstances that raised a suspicion that they were not being kept for a lawful purpose contrary to section 5, explosive substances act. the appellant, ram, singh was further charged that on 13th day of july 1931, in the house of his uncle hakim. gyan singh he ..... chatta, he threw a bomb in a compound at the rear of the said police station with intent to cause an explosion and thereby endanger human life and property contrary to section 4(a), explosive substances act. (3) that on 6th april 1932, he abetted the commission of an offence of extortion by supplying a typewriter ..... [7] => ..... given we are satisfied that the appellant was in unlawful and secret possession of a large quantity of arms, ammunition and explosive substances in circumstances which created offences under section 20, arms act, section 5, explosive substances act and section 411, penal code. he was, therefore, in our view, properly convicted by the learned sessions judge on these charges. ..... that he was in possession of such articles under circumstances that raised a suspicion that they were not being kept for a lawful purpose contrary to section 5, explosive substances act. the appellant, ram singh was further charged that, on july 13, 1931, in the house of his uncle hakim gyan singh he stole a ..... chatta, he threw a bomb in a compound at the rear of the said police station with intent to cause an explosion and thereby endanger human life and property contrary to section 4(a), explosive substances act. (3) that on april 6, 1932, he abetted the commission of an offence of extortion by supplying v. typewriter ..... [8] => ..... such offence.29. now comes the bengal criminal law (arms and explosives) act, 1932, (bengal act 21 of 1932) which adds an offence to the indian arms act, 1878. section 3, bengal criminal law (arms and explosives) act 1932 says:after section 19, arms act, 1878, the following section shall be inserted, namely 19-a. notwithstanding anything contained in section 19, whoever commits an offence under clause (c) or clause (e ..... evidence on which the commissioner could come to the conclusion, as they did, that one of the offences committed by monoranjan was one under section 3, bengal criminal law (arms and explosives) act 1932 adding section 19-a to the arms act. 1878, which makes him liable to transportation for life, the commissioners did not pass this sentence upon him. we think the offence is ..... [9] => ..... accident happens through its defective state. putting it on the other ground, according to the evidence of the defendants' servant, some of the crackers fell down and caused the explosion. clearly, crackers do not fall from a shelf unless they are insecurely placed upon it and to place them in that manner upon the shelf is a negligent ..... for damages which were caused by that fire. the plaintiff called no evidence. indeed it would be very difficult for the plaintiff affirmatively to give any evidence of specific acts of negligence; all he was able to say was that the tire broke out in the defendant's shop and, but for one paragraph in the written statement he ..... act; and it does not matter whether it was the negligent act of the defendant's servant or his own directly, the defendant is equally liable. quite apart from these reasons, fireworks are dangerous things to ..... [10] => ..... ordinarily come before this court in second appeal.6. the grounds of appeal are directed against the two propositions laid down by the subordinate judge.7. the appellant relies on section. 56, act ix of 1872, and argues that his contract has become, since it was made, impossible. there can be no doubt that his contention is strictly true, and the second ..... , and thus saved the factory and himself as its tenant from ejectment, is not enough. we are informed it was a decree for rent and for ejectment under section. 52, beng. act viii of 1869; but it may be that the decree was for a sum which the plaintiff could not reasonably be expected to pay, considering that he would have ..... sale to pay up a decree, gives him full security in the shape of a right to take possession of the tenure (section. 62, beng. act viii of 1869); but this is not the case under section. 52 of the same act. we cannot, therefore, say that the plaintiff lost his land from an omission made by his own neglect, and in our ..... [11] => ..... letter from a district judge. this is not sufficient authority for disregarding what appears to be the clear provision of the act.2. we think, therefore, that in law the lower court was entitled to call for the bond mentioned in section 256. but at the same time we are clearly of opinion that the judge ought to exercise a reasonable discretion ..... morris, j.1. regard being had to the definition of probate in section 3, act x of 1865, and to the words of section 256, [section 256:-every person to whom any grant of administration shall be committed shall give a bond to the judge of the district court to enure for the benefit of the ..... to us to refer as much to section 254, as to section 255, we cannot say that the district judge was wrong in law to require an administration-bond from the person to whom the court had ordered probate to be granted. in fact the act scarcely seems to leave any option in the matter. a case has been brought to our notice ..... [12] => ..... bound by the decision. but we considered, rightly or wrongly, that the question was a different one; that it arose under a different section of the code, and depended on different considerations. it is a great satisfaction to me that kally soondery's case (i. l. r ..... law upon this subject since the above case was decided, because at that time the privy council act, vi of 1874, was in force, and the sections in that act upon the subject are identically the same as those in chap, xlv of the civil procedure code of 1877.4 ..... by this court in the year 1876. see mussamut amirunnesa v. baboo behary lall (25 w. r., 529).3. the sections in the civil pro (sic) lure code, under which mr. bell says he has a right to appeal, are contain .(sic)a ..... for so deciding was this, that the judge in the privy council department when dealing with such questions had always been considered as acting under the privy council orders, rather than as a judge of the high court.7. i observe we said in that case, ..... [13] => ..... form of the instrument, but the sealing or signing it as a deed or note. the fact that the word 'makes' is used in the section in conjunction with the words 'signs,' 'seals' or 'executes,' or makes any mark 'denoting the execution, &c.;, 'seems to me very ..... a false document, and that it would not have become a false document, or part of a document (according to the definition in section 464), until the seal or signature of the bengal goal company had been forged upon it, so as to make it appear that such ..... 10. i concur in setting aside the verdict of the jury and the sentence passed on the appellant, because, in my opinion, the acts found by the jury to have been committed do not amount to an attempt, but at most only to a preparation to commit a ..... would not be guilty of an attempt to commit forgery until he had done some act towards making one of the forms a false document. if, for instance, he had been caught in the act of writing the name of the company upon the printed form, and had only ..... [14] => ..... question as to which there has been some difference of opinion. in the case of wise v. bam chunder by sack 7 w. r., 415, decided upon the corresponding section in beng. act v of 1862, norman and seton-karr, jj., thought that they did. in the later case of ranee krishto motee debia v. ram nidhee sircar 9 w. r., ..... is clearly erroneous. the plaintiff is the purchaser of an estate at a sale for arrears of government revenues and he has brought this present suit, under section 37 of the bengal bent act (beng. act viii of 1869), in order to make a measurement of the estate so purchased.2. a preliminary objection was taken which we may well dispose of in ..... it is contended that no appeal lies in a case of this sort. we think however, that the order, made by the district judge under the provisions of section 37 of the bent act is a decree within the meaning of the definition contained in the existing code of civil procedure. 'decree' means 'the formal expression of an adjudication upon any right ..... [15] => ..... was made to the district judge in the present case for leave to institute this suit. then what are the suits which may be instituted under the act? section 14 provides, that any person or persons interested in any mosque, temple, or religious establishment, &c.;, may, without joining as plaintiff any of the other ..... by government. as to this class of cases, the provisions applicable are contained in sections 4, 5, and 6 of the act. we have already referred to the preamble. section 1 is merely a repealing section. section 2 contains general definitions. section 3 and sections 7 to 12 inclusive are concerned with that class of cases in which the trustee ..... uses; the appropriation of endowments made for the maintenance of such religious establishments; the repair and preservation of buildings connected therewith, &c;, &c.; then section 3 of the act deals with the case of every mosque, temple, or other religious establishment to which the provisions of either of the regulations specified in s. i ..... [16] => ..... consideration,--that is, a suit by a subordinate tenure-holder. therefore, it is clear that the present case comes within sub-division (a) of clause 5, section 7 of the court fees act. it cannot be said that this is not a claim for land which forms a definite share of an estate paying annual revenue to government, such revenue being ..... fail on the merits.2. the law with reference to the payment of the court-fee in a case like this is to be found in clause 5, section 7 of the court fees act. that clause says: 'in suits for the possession of land, houses, and gardens, according to the value of the subject-matter; and such value shall ..... . (who, after stating the facts, continued as follows): it seems to be doubtful whether the order in question falls within the definition of the word 'decree' in section 2 of the civil procedure code. section 2 says: ''decree' means the formal expression of an adjudication upon any right, claim, or defence set up in a civil court, when such adjudication, so far ..... [17] => ..... covenant or not, the remedy for the breach of it is in form and substance a suit for damages; and by section 74 of the indian contract act, the english rule with regard to liquidated damages is abolished, and the plaintiff in such a suit has no right ..... it would seem to follow that every covenant or agreement containing a penal clause must be a 'bond' within the meaning of the stamp act.7. in that particular case, it is clear that if the mittra defendants had been guilty of any breach or breaches of their ..... is not a bond within the meaning of the stamp act of 1869; and that it requires (so far as i can see) an eight-anna stamp only.2. the definition of a bond in section 5 of the act is precisely what we understand by a bond in england ..... , and it is an obligation of a different character from a covenant to do a particular act, the breach of which must be compensated in damages ..... [18] => ..... dispute in this appeal, we give a decree in favour of the appellants, declaring them entitled to the sum of rs. 9,214-1-0, but in accordance with section 11 of act vii of 1870, execution for the realization of this sum cannot be taken out until the decree-holders pay into court the fee which the law requires upon the ..... [19] => ..... or which he knew to be likely to cause death.' this charge was probably intended to refer to the second and third clauses of the definition of murder contained in section 300 of the penal code. but it is defective and inexact as regards both clauses. with reference to the second clause it should have run thus--'likely to cause ..... palon mandal and holodhur das we are satisfied that he wounded or injured the deceased with a 'chheni,' and we think that he ought to be convicted under section 326 of the penal code of causing grievous hurt by a dangerous weapon. we set aside the conviction and sentence for murder: and convicting the prisoner samiruddin under ..... expressing an opinion as to the nature of the wound inflicted upon the person of causing whose death the prisoner has been convicted. we cannot receive, or in any way act upon, this extra-judicial matter. the only opinion of the civil surgeon which can be considered in judicially dealing with the case, is an opinion expressed by him when ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Privy Council - Page 7 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: privy council Page 7 of about 11,701 results (0.032 seconds)

May 26 1933 (PC)

Shibadas Daw and ors. Vs. Emperor

Court : Kolkata

Reported in : AIR1934Cal114,147Ind.Cas.1172

..... murshidabad of the same date shows clearly that the government consented to a prosecution under section 4, explosives act, read with section 120-b, i. p.c, and section 436 read with section 120-b, i. pc, and for 'such other offence of offences as may be disclosed in the evidence.' in our opinion, therefore, the learned ..... penal code and consequently the special judge had no jurisdiction to try them. it is true that in the order, dated 27th may 1932, only section 4 explosives act, read with section 120-b, i. pc, and section 436 read with section 120-b, i. pc, are explicitly mentioned. but the letter from the deputy secretary to the government of bengal to the district magistrate of .....

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Jul 07 1933 (PC)

Sachindra Kar Gupta Vs. Emperor

Court : Kolkata

Reported in : AIR1933Cal692

..... , though it is an offence to go armed with them, as provided in section 13. some confirmation of this view of the distinction to be drawn between the sections is provided by the recent bengal criminal law (arms and explosives) act (21 of 1932) in which, by sections 3 and 4, it is provided thatwhoever commits an offence under clauses (c), ..... (e) and (f), section 19, if the offence is committed in respect of a fire-arm ..... dissented from. it was held that each case of concealment of arms must be decided on its own facts, as to whether it falls under section 19 or section 20, arms act, but for section 20 to apply, there must be some special indication of an intention to conceal possession of the arms from a public servant, railway official .....

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Nov 14 1933 (PC)

Emperor Vs. Surjya Kumar Sen and anr.

Court : Kolkata

Reported in : AIR1934Cal221,147Ind.Cas.32

..... we are not called upon to offer any observations with regard to it. the result is therefore that except with regard to the convictions under section 4(b), explosive substances act, to which we have referred, the appeals of all the appellants are dismissed. in their judgment the commissioners have commended the work of the ..... convicted.3. the only objection taken before the commissioners as to the form and conduct of the trial was with reference to the charge under section 4(b), explosive substances act. the commissioners overruled this objection, and when mr. basu for the appellant dastidar was taking the point before us, the learned advocate-general for ..... the case of each appellant, and after setting aside the convictions of tarakeswar dastidar and kalpana dutt, under section 4(b), explosive substances act, we are of opinion that the convictions of all the appellants under the other sections must be maintained.38. as to, the question of sentence, the commissioners state that with regard to .....

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Feb 14 1934 (PC)

Jogendra Nath Banerjee Vs. Emperor

Court : Kolkata

Reported in : AIR1934Cal724,152Ind.Cas.924

..... appellant has been convicted and sentenced by the learned chief presidency magistrate, calcutta, exercising jurisdiction as a special magistrate under section 24,bengal act 12 of 1932, for commission of offences under section 4(b) and section 5, explosive substances act (act 6 of 1908). the offences charged in this case and in regard to which evidence was placed before the court ..... it was a statement seeking to dear himself at the expense of the appellant, and as such, the statement could not be taken into consideration under section 30, evidence act, or any other provision of the law as against the appellant.3. the statement of taraprasanna ghatak, as an explanation exculpating himself from his share of ..... our judgment, the conviction of the appellant as it stands must be set aside, based mainly as it is on the statement of a co-accused recorded under section 342, criminal p. c.4. as indicated above, we give effect to the points raised before us in support of the appeal that the, statement of .....

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May 08 1934 (PC)

Richpal Singh and ors. Vs. Emperor

Court : Allahabad

Reported in : AIR1934All927; 152Ind.Cas.881

..... no charge need be framed.4. this shows that the procedure should be that of a warrant case, and accordingly i consider that the procedure of section 30 of the evidence act would apply. the objection was taken that there was little evidence to support the confession of khub singh. the court below mentions that 39 witnesses were called ..... . on reference to the certificate of the chemical examiner f find that learned counsel is not accurate. the certificate states that sodium may be used to cause an explosion within a closed receptacle and that sulphuric acid (strong) la used as one of the constituents in certain types of bombs. further it is obvious that sulphuric acid ..... is a criminal revision filed on behalf of three persons, richpal singh, khub singh and shiamsundar lal who have been required to furnish security by a magistrate under section 110(f), cr.p.c. for a period of three years and on a reference the learned sessions judge has sentenced them to imprisonment on failure to furnish .....

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Aug 14 1934 (PC)

Nathu Ram Vs. Emperor

Court : Allahabad

Reported in : AIR1934All982; 153Ind.Cas.147

..... the evidence on the record justifies the conviction of the appellant, i should dispose of certain questions of law advanced by learned counsel. it is said that because of section 7, explosive substances act, the learned magistrate who committed the accused to the court of session should not have taken cognizance of the case without the consent of the local government. that ..... as well. moreover, even if the learned sessions judge had not framed a charge under section 5, explosive substances act, he could, under the provisions of section 237 criminal p.c., have convicted the appellant under section 5, although he was charged under section 4-b alone. i am therefore of the opinion that there is no force in the two contentions of law ..... bajpai, j.1. this is an appeal by nathu ram who has been convicted under section 5, explosive substances act (6 of 1908), by the assistant sessions judge of etawah and sentenced to four years' and six months' r.i. mr. k.n. agarwala appearing on behalf of the .....

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Nov 26 1934 (PC)

Bacha Babu and ors. Vs. Emperor

Court : Allahabad

Reported in : AIR1935All162

..... we are satisfied that the appellant was in unlawful and secret possession of a large quantity of arms, ammunition and explosive substances in circumstances, which created offences under section 20, arms act, section 5, explosive substances act, and section 411, penal code. he was therefore in our view, properly convicted by the learned sessions judge on these charges.43 ..... that he was in possession of such articles under circumstances that raised a suspicion that they were not being kept for a lawful purpose contrary to section 5, explosive substances act. the appellant, ram, singh was further charged that on 13th day of july 1931, in the house of his uncle hakim. gyan singh he ..... chatta, he threw a bomb in a compound at the rear of the said police station with intent to cause an explosion and thereby endanger human life and property contrary to section 4(a), explosive substances act. (3) that on 6th april 1932, he abetted the commission of an offence of extortion by supplying a typewriter .....

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Nov 26 1934 (PC)

Bachcha Babu and ors. Vs. Emperor

Court : Allahabad

Reported in : 155Ind.Cas.369

..... given we are satisfied that the appellant was in unlawful and secret possession of a large quantity of arms, ammunition and explosive substances in circumstances which created offences under section 20, arms act, section 5, explosive substances act and section 411, penal code. he was, therefore, in our view, properly convicted by the learned sessions judge on these charges. ..... that he was in possession of such articles under circumstances that raised a suspicion that they were not being kept for a lawful purpose contrary to section 5, explosive substances act. the appellant, ram singh was further charged that, on july 13, 1931, in the house of his uncle hakim gyan singh he stole a ..... chatta, he threw a bomb in a compound at the rear of the said police station with intent to cause an explosion and thereby endanger human life and property contrary to section 4(a), explosive substances act. (3) that on april 6, 1932, he abetted the commission of an offence of extortion by supplying v. typewriter .....

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Dec 03 1934 (PC)

Emperor Vs. Bhawani Prosad Bhattacharjee and ors.

Court : Kolkata

Reported in : AIR1935Cal561,157Ind.Cas.1070

..... such offence.29. now comes the bengal criminal law (arms and explosives) act, 1932, (bengal act 21 of 1932) which adds an offence to the indian arms act, 1878. section 3, bengal criminal law (arms and explosives) act 1932 says:after section 19, arms act, 1878, the following section shall be inserted, namely 19-a. notwithstanding anything contained in section 19, whoever commits an offence under clause (c) or clause (e ..... evidence on which the commissioner could come to the conclusion, as they did, that one of the offences committed by monoranjan was one under section 3, bengal criminal law (arms and explosives) act 1932 adding section 19-a to the arms act. 1878, which makes him liable to transportation for life, the commissioners did not pass this sentence upon him. we think the offence is .....

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Jan 21 1935 (PC)

Saliah Mahammad Haji Ibrahim Vs. N. Abdul Samath Sahib

Court : Chennai

Reported in : AIR1935Mad606; 157Ind.Cas.991

..... accident happens through its defective state. putting it on the other ground, according to the evidence of the defendants' servant, some of the crackers fell down and caused the explosion. clearly, crackers do not fall from a shelf unless they are insecurely placed upon it and to place them in that manner upon the shelf is a negligent ..... for damages which were caused by that fire. the plaintiff called no evidence. indeed it would be very difficult for the plaintiff affirmatively to give any evidence of specific acts of negligence; all he was able to say was that the tire broke out in the defendant's shop and, but for one paragraph in the written statement he ..... act; and it does not matter whether it was the negligent act of the defendant's servant or his own directly, the defendant is equally liable. quite apart from these reasons, fireworks are dangerous things to .....

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