Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: privy council Year: 1949 Page 20 of about 456 results (0.014 seconds)

Babu Vs. Rex.

Court : Allahabad

Reported in : 1949CriLJ944

..... also which prima facie would not be likely. but apart from any question of intention, if the accused knew that he was likely, by hifl act, to destroy any neighbouring houses, an offence under section 436, penal code would be oomplete. in the present case, as i have said, there being other houses closeby, the accused must be ..... which has now been held by the pull bench decision, referred to above, as legally insufficient. the appellant, therefore, could not, in my opinion, be convicted under sections 6 and 18 of the act.10. the question now is what course i should adopt. the magistrate himself had the right to convict the appellant within the provisions of ..... refused to order his retrial.11. i, therefore, allow this appeal in so far as the appellant's conviction under sections 6 and 18, u. p. act xxiv [24] of 1947 is concerned, and maintain his conviction only under section 456, penal code reducing the term of imprisonment to the period already undergone, and, at the same time, setting aside .....

Babu Vs. Rex

Court : Allahabad

Reported in : AIR1949All620

..... also which prima facie would not be likely. but apart from any question of intention, it the accused knew that he was likely, by his act, to destroy any neighbouring houses, an offence under section 436, penal code would be complete. in the present case, as i have said, there being other houses close by, the accused must be ..... which has now been held by the full bench decision, referred to above, as legally insufficient. the appellant, therefore, could not, in my opinion, be convicted under sections 6 and 18 of the act.10. the question now is what course i should adopt. the magistrate himself had the right to convict the appellant within the provisions of ..... refused to order his retrial.11. i, therefore, allow this appeal in so far as the appellant's conviction under sections 6 and 18, u.p. act xxiv [24] of 1947 is concerned, and maintain his conviction only under section 436, penal code reducing the term of imprisonment to the period already undergone, and, at the same time, setting aside .....

Jagannath Gupta Vs. Rex

Court : Allahabad

Reported in : AIR1950All9

..... his presence and hearing. their lordships held that when a confession is made by an accused to a magistrate in the course of an investigation the magistrate must proceed under section 164, criminal p. c. or not at all and that a magistrate could not depose to an oral confession made to him.5. mr. shah aziz ahmad was not examined ..... made by an accused person to himself. it was contended before their lordships that if a magistrate records a confession, he is bound to follow the procedure laid down under section 364, criminal p. c., but if he does not reduce it to writing there is nothing in law to prevent him from deposing to the confession made to him in ..... orderseth, j.1. this application in revision is by one jagannath gupta who was convicted under section 411, penal code and sentented to one year's rigorous imprisonment. his conviction and sentence have been upheld by the additional sessions judge of kanpur.2. a theft was committed .....

Gokal Dass and ors. Vs. Devinder Dass and ors.

Court : Himachal Pradesh

Reported in : AIR1949HP11

..... records could not be rebutted.12. in my judgment, a pedigree table prepared for purposes of settlement, which is the basis of the entries in khewat, is relevant under section 35, evidence act, if prepared in discharge of public duty. (see baijnath v. bahadur a.i.r.1926 oudh.101. further, it has been held by their lordships of the privy council ..... in mt. biro v. atama ram , that sub-section (5) of section 32 embraces every statement made by the deceased person as to relationship if (1) he had special means of knowledge .....

Governor General in Council Now (Governor General of India) Vs. Jallan ...

Court : Punjab and Haryana

Reported in : AIR1949P& H370

..... of the capital of companies as well as questions of wide public importance in which the subject-matter in dispute cannot be reduced into actual terms of money. sub-section (c) of section 109, civil p.c., contemplates that such a state of things exists, and, rule 3 of order 45, regulates the procedure.8. again in udoy ghand parma lal ..... sons, limited, refused to accept them. correspondence ensued between messrs. jallan and sons, limited, on the one side and the railway on the other side resulting in a notice under section 80, civil p.c. by messrs. jallan and sons, limited, delhi, upon the appropriate railway authority. the suit out of which the present proceedings have arisen was instituted on 80th ..... harnam singh, j.1. this is an application under order 45, rule 2, civil p.c., as amended by federal court (enlargement of jurisdiction act, 1948, for a certificate for leave to appeal to the federal court of india from an order passed by a division bench of this court in regular first appeal no. .....

Bachchu Lal Gupta Vs. Rex

Court : Allahabad

Reported in : AIR1951All404

..... the applicant was sent up for trial on 27-3 1947, for what he had done long before this notification and under this amendment to section 1, sub-section. (4), defence of india act, the applicant still remains liable for the contravention of which he was guilty before the notification. i am, therefore, of the opinion that ..... production, supply and distribution of goods etc. before the declaration of emergency the government of india had not but the provincial government had, under section 100, sub-section (3), government of india act, the power to make laws about matters in list ii. after the declaration of emergency the government of india had concurrent powers with the ..... 6. on 3-9-1939, the governor-general had issued a proclamation that a grave emergency existed whereby the security of india was threatened. under section 102, sub-section (l), government of india act, 1935 (25 & 26 geo. v. ch. 42) on declaration of such emergency the federal legislature has the power to make laws for .....

Sri Rajah Ravu Venkata Mahipathi Gangadhara Rama Rao Bahadur, Yuvaraja ...

Court : Privy Council

..... permanent assessment of the land - tax shall be made exclusively of the said articles now recited." [5] the indian income-tax act (act xi [11] of 1922). the relevant provisions of the indian income-tax act are as follows : "section 2. definitions-in this act, unless there is anything repugnant in the subject or context,- (1) 'agricultural income' means - (a) any rent or revenue derived ..... within the following classes shall not be included in the total income of the person receiving them:-(i) to (vii). . . (viii) agricultural income." "section 6.-heads of income chargeable to income-tax. - save as otherwise provided by this act, the following heads of income, profits and gains, shall be chargeable to income-tax in the manner hereinafter appearing, namely:-(i) salaries. (ii .....

Kumbhan Lakshmanna and Others Vs. Tangirala Venkateswarlu and Others

Court : Privy Council

..... (47 lj qb 749). these two aspects of the burden of proof are embodied in ss. 101 and 102 respectively of the indian evidence act. section 101 states : "whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he ..... person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person." section 102 states: "the burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all ..... were given on either side." 44this section shows that the initial burden of proving a prima facie case in his favour is cast on the plaintiff ; when he gives ..... by the defendant that the land forms an "estate" within the meaning of the act and a civil court has no jurisdiction to deal with the case. section 3 (2) (d) of the act is as follows : "any village of which the land revenue alone has been granted .....

Hatimali and anr. Vs. the Crown

Court : Mumbai

Reported in : AIR1950Bom38; 1950CriLJ427

..... attends the office of the hardware department.as this witness is in charge of the general shop and with his father supervises buildings, it is clear that the hardware section was controlled by his brother turabali and cousin hatimali further, there was the positive evidence of d. l. verma (p.w. 3) to the effect that ..... of the iron and steel (control of distribution) order, 1941 which had been made under1 defence of india, rule 81 (2). contravention of that order was punishable under section 81 (i) ibid-4. the applicants made the declaration ex. p-15 and it was received in bombay on 14th september 1946, nest day, the police sealed the ..... orderhemeon j.1. the applicants, hatimali and turabali were convicted and sentenced under sections 7 and 10, essential supplies (temporary powers) act, 1946, to pay fines of rs. 20,000 and rupees 6000 respectively by the section 30-magistrate, nagpur; and in appeal the sessions judge, nagpur, altered the convictions to convictions under kr. 81 u) and 117 of .....

Madho Das Vs. Rex, Through Adya Prasad

Court : Allahabad

Reported in : 1950CriLJ53

..... was not exercising any power of the magistrate detailed in sch. 3 of the code. i am, therefore, of the opinion that the proceedings under section 310 (2), municipalities act were not criminal proceedings and, therefore, the record which has been called for by this court is not the record of the proceedings of an inferior ..... criminal court situate within the local limit of its jurisdiction.7. the question, therefore, is whether the bench of magistrates, while acting under section 310 was acting aa a criminal court. it could not have been acting as such when the proceedings before it were not proceedings of a criminal nature. it is apparent that a magistrate may have ..... order passed without jurisdiction because it is only on an application by an owner of the house that a magistrate acquires jurisdiction to make an order under section 310 (2), municipalities act; and in this case, admittedly, no application was, made by maharaj babadur singh, the owner of the house. it is an illegal order for .....