Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Year: 1949 Page 1 of about 527 results (0.789 seconds)

Oivind Lorentzen, as Director of Shipping and Curator of the Royal Nor ...

Court : Privy Council

Reported in : AIR1949PC200

..... rules of ft local authority within art. 30, collision regulations and hence paramount to arts. 19 and 21. his review of the navigation was however definitely in favour of the rambler. kellog, j., whose criticisms of the findings of the trial judge have already bean referred to, was of opinion that ..... . [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 ..... 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 ..... dyke who had been waiting in his launch for the norefjord has excellently plotted out the final movements. it appears that the norefjord had changed 4 points from the bearing on which she started, which agrees with the swinging to port spoken of by the witnesses and was inevitable if the ..... speak of, and very slight if any wind. each vessel was in charge of a duly qualified halifax harbour pilot. each vessel was heavily loaded. [4] the rambler is a united states screw steamship of 5500 tons gross and 3381 tons net, register, 417 feet in length and 54 feet beam; .....

Hirshberg Vs. Cooke

Court : US Supreme Court

..... supply of shells to the army "filled not with the proper explosive materials for use, but with sawdust." cong.globe, 37th cong., 3d sess. 955 (1863). this action of the 1863 congress does not support an argument that congress has ..... district court and the court of appeals rejected this suggested interpretation of the article, and the contention is not urged here. [ footnote 2 ] the discussion of the 1863 act showed that congress rather grudgingly conceded this comparatively slight expansion of the court-martial power, apparently prompted by reports of particularly abhorrent recent frauds by war contractors, such as the ..... in an official navy publication, naval courts and boards, and this interpretation became 344(a) of naval courts and boards (1937 ed.). [ footnote 4 ] the regulation appearing in the 1937 naval courts and boards 334 contained the following language: ". . . except for offenses provided for in article 14, a.g.n., a court ..... been quick in response to appeals for expansion of court-martial jurisdiction. see duncan v. kahanamoku, 327 u. s. 304 ; ex parte milligan, 4 wall. 2. [ footnote 3 ] since 1932, the navy has consistently adhered to its revised interpretation of art. 8 (second). in 1934, the navy department incorporated this revised interpretation .....

Shivji Bhara and Co. Vs. Kanji Vasanji

Court : Mumbai

Reported in : AIR1949Bom337; (1949)51BOMLR515

..... 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 ..... 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 ..... 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 ..... of the defendants who are trustees of a charitable trust in respect of three godowns for some time prior to the explosion that took place in bombay on april 14, 1944. in the explosion two of the godowns were destroyed. the plaintiffs vacated the third godown as it was required by the defendants for ..... suits pending in this court when the act came into force had not to be transferred to the small causes court. it was only the restricted class of suits mentioned in section 50 that had to be transferred and in respect of which this court had no jurisdiction.4. now, whether the plaintiffs' suit is .....

Nathu Ram V. Godse Vs. the Crown

Court : Punjab and Haryana

Reported in : 1949CriLJ834

..... under section 302, penal code and ..... section 302 of the code and ..... 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 with .....

William Yachuk and Another Vs. the Oliver Blais Co., Ltd.

Court : Privy Council

Reported in : AIR1949PC250

..... 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 ..... 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 ..... impossible to say that a new cause has intervened so as to relieve the defendant of all responsibility for the evil consequences which followed his wrongful act. their lordships will add, however, that even without regard to the rule of practice as to concurrent findings they would have had no difficulty in ..... 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 ..... rand j., agreed with the decision of the court of appeal for ontario. in the result an order was made restoring the judgment of urquhart j. [4] this result satisfied neither plaintiffs nor defendant, and each side sought and obtained leave to appeal to his majesty in council, the defendant by way of .....

Sughar Singh Vs. Rex

Court : Allahabad

Reported in : AIR1950All277

..... it or 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 ..... 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 ..... of course, we agree with respect with the conclusion that all members of the family could not be said to be in possession without any definite evidence of their particular possession over the articles and which was lacking in this case, the articles being recovered from places which were accessible ..... his sons and his younger brother pahunchi. sughar singh is aged 40 years and pahunchi's age is 26.4. both these brothers were tried for the offence under section 19 (f), arms act, and were convicted by the magistrate. on appeal the learned sessions judge acquitted pahunchi and maintained the conviction ..... possession and control of the head of the family, but it was not laid down that the possession was necessarily of the managing member. (4) that the possession of the articles need not be of the managing member only. it could be of several persons.16. if these observations .....

Urie Vs. Thompson

Court : US Supreme Court

..... at 477. accordingly, the court reversed the judgment and remanded the cause for trial. on remand, petitioner amended his complaint to charge specifically violations of the boiler inspection act. section 2 of that act, as amended, makes it "unlawful for any carrier to use or permit to be used on its line and locomotive unless said locomotive, its boiler, tender, and ..... extant general federal employee compensation system, 5 u.s.c. 751 et seq., the statute as originally enacted provided compensation for "disability" or "personal injury" without further qualification or definition. 39 stat. 742. proposals specifically to include occupational disease were rejected, at least in part, for the reasons that, at the committee hearings, "there was considerable difficulty in defining ..... with the suddenness of lightning. silicosis is as much "injury," leading in time as certainly to permanent disability, as scalding from a boiler's explosion. we do not think the mere difference in the time required for different acts of negligence to take effect and disclose their harmful, disabling consequences would justify excluding the one type of injury from the ..... sanding apparatus, see the successive opinions in anderson v. baltimore & o. r. co., 89 f.2d 629 and 96 f.2d 796. [ footnote 3 ] see note 9 [ footnote 4 ] the section continues, "and unless said locomotive, its bailer, tender, and all parts and appurtenances thereof have been inspected from time to time . . . and are able to withstand such test or .....

Majeed Khan Mohammad Yaseen Khan and anr. Vs. Rex

Court : Allahabad

Reported in : 1950CriLJ61

..... a for other 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. the case, arose in ..... learned judge held the 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 ..... taken place, the question of law arising is whether this circumstance alone furnished the necessary ingredient of an offence under section 4(b) of the act. a man may be in close proximity to an objectionable substance, such as a bomb or other explosive article, and the same may even burst where he is in that position. it can hardly be said that from ..... explosive substance with intent by means thereof to endanger life, or cause serious injury to property in british india, or to enable .....

In Re: Devata Lakshminarayana

Court : Chennai

Reported in : AIR1950Mad266

..... 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 ..... 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 ..... it is in the nature of a charge which the detenu is called upon to meet. it should specifically and definitely be stated in the grounds the activity of the petitioner which is calculated to endanger public peace so as to justify an order of ..... . for these reasons, in particular for the first reason, i am of opinion that the petitioner should be set at liberty forthwith. 5. balakrishna ayyar j. -- this is a petition under section 491, criminal p. c. by one devata lakshminarayana, a detenu under madras act, i [1 ..... act which is punishable very severely, the maximum sentence being transportation for life; and since it would appear from what the learned public prosecutor has said that the government have no intention of prosecuting this charge against the petitioner, it means that the government have no trustworthy evidence on which to base their allegations. 4 .....

Abasand Oils Ltd. Vs. Boiler Inspection and Insurance Co. of Canada

Court : Privy Council

Reported in : AIR1950PC39

..... 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 ..... cessation of business for the time claimed or indeed for any definite time. it was contended that upon the evidence at the trial no distinction had been made or was possible to be made between the fire damage and the explosion damage. again their lordships are of opinion that the learned judge ..... 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 ..... 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 ..... not completed until 14th june 1942. at the time of the accident referred to the appellant was insured with the respondent by a policy and binder. 4. the policy expired on 1st november 1941. on that date the appellant's insurance broker in montreal, a mr. brown, called upon mr. wilkinson, .....