Court : Chennai
..... , keeping, sale, conveyance and importation of explosives throughout british india during the colonial days. section 4(d) of the explosives act defines an explosive to mean various substances used or manufactured with a view to produce a practical ..... , seeking a writ of mandamus to forbear the respondents from violating the provisions of section 40 of the factories act, 1948. 2.we have heard mr.s.parthasarathy, learned senior counsel appearing for the appellant and mr.b.pugalendhi, learned special government pleader appearing for the respondents. 3.the explosives act, 1884, was enacted with the object of providing a comprehensive law regulating the manufacture .....
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..... to the rescue of the petitioner. v. rule making power:46. the next contention of the learned counsel for the petitioner is that under section 5 of the explosives act, 1884, the rule making power vests only with the central government and that therefore, the state government is not competent to lay rules.47. the above ..... only generalists and not specialists; (iv) the impugned amendment has not been laid before the state legislature as mandated by section 115 of the factories act, 1948; and (v) that under section 5 of the explosives act, 1884, the rule making power vests only with the central government and hence the state government is not competent to lay the ..... such an extent as to be likely to explode on ignition.23. though the expression "explosives" is not defined in the factories act, 1948, it is defined in section 4 (d) of the explosives act, 1884. this act was already in force, when the factories act, 1948 was enacted. therefore, the normal meaning to be assigned to the expression, is .....
Tag this Judgment!Court : Chennai
..... to the rescue of the petitioner. v. rule making power:46. the next contention of the learned counsel for the petitioner is that under section 5 of the explosives act, 1884, the rule making power vests only with the central government and that therefore, the state government is not competent to lay rules.47. the above ..... only generalists and not specialists; (iv) the impugned amendment has not been laid before the state legislature as mandated by section 115 of the factories act, 1948; and (v) that under section 5 of the explosives act, 1884, the rule making power vests only with the central government and hence the state government is not competent to lay the ..... such an extent as to be likely to explode on ignition.23. though the expression "explosives" is not defined in the factories act, 1948, it is defined in section 4 (d) of the explosives act, 1884. this act was already in force, when the factories act, 1948 was enacted. therefore, the normal meaning to be assigned to the expression, is .....
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..... in ammonium nitrate and was granted a licence in form p-3 to store and trade in ammonium nitrate in terms of ammonium nitrate rules, 2015, (rules), framed under the explosive act, 1884, (act). the petitioner applied for grant of licence in form p-5 for import licence of ammonium nitrate, which was a pre-requisite for import, though the said product was freely ..... . it is further submitted that ammonium nitrate is not an item falling within the scope of explosives and special type of explosives spoken under the explosives act and has been separately defined under rule 2(b) of the rules. therefore, the power under section 6e(3)(d) of the explosives act, could not have been invoked. it is reiterated that the second respondent, not being the licencing .....
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..... go to prove that there is a very strong prima-facie case against the appellant, making out offences under secs.307 ipc, sec.4 of explosive substances act, 1908 and sections 16 and 18 of the unlawful activities (prevention) act, 1967. the learned counsel would further submit that though the learned judge has not expressed in clear terms that there was ..... to grant bail to the appellant herein, in the case in r.c.no.1/2014/nia/hyd under sec.307 ipc, sec.4 of explosive substances act, 1908 and sections 16 and 18 of the unlawful activities (prevention) act, 1967. 2. we have heard the learned counsel for the appellant and the learned counsel for the respondent and also perused the records ..... placed before this court de-hors the order of the trial court. since it is an order either granting or refusing bail is an appealable order under sec.21 of the act, the special court is expected to pass a speaking order, which should reflect the application of mind of the court and evaluation of all the points .....
Tag this Judgment!Court : Chennai Madurai
..... sale and export of explosives for industrial purposes permitted under the explosives act, 1884. the petitioner/company established a factory in murangampatti village, thuraiyur taluk, tiruchirappalli district. the said factory premises was established after obtaining all ..... 1. this writ petition is filed challenging the order of the second respondent, dated 17.12.2016 cancelling the no objection certificate issued under the explosives act, 1884. 2. the case of the petitioner, in short, is as follows: the petitioner/company is a private limited company engaged in the business of manufacture, ..... his proceedings, dated 3.7.1998. consequent upon issuance of such no objection certificate, the first respondent also accorded licence to the petitioner under the explosives act, 1884 and the rules made thereunder. the licence has been renewed from time to time. on 1.12.2016, at about 7.30 a.m., .....
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..... on receipt of the complaint, the sub-inspector of police, odian salai police station, puducherry has registered a case in crime no.25/2014, under section 4 of the explosive substances act, 1908, against some unknown persons, and thereafter, the case was transferred to the national investigation agency. 3(iii). it is further stated by the ..... investigation agency (nia) cases, puducherry and remanded to judicial custody in rc.no.01/2014/nia/hyd, under section 307 ipc, sections 3 and 4 of explosive substances act, 1908 and sections 16 and 18 of the unlawful activities (prevention) act, 1967. 3(ii). he would further state that the case of the prosecution/first respondent is that on 29 ..... the central prison, madurai in connection with the case in r.c.no.01/2014/nia/hyd under section 307 i.p.c., sections 3 and 4 of explosive substances act, 1908 and sections 16 and 18 of the unlawful activities (prevention) act, 1967 on the file of the first respondent is illegal. 48. the crux of the allegations .....
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..... 149 and 398 i.p.c.8a.8120(b) 148, 452, 332 ipc, 25(1-b) (a) of the indian arms act, 1959, section 4 of the explosive substances act, 1908, 307, 332 r/w 149, 307 r/w 149, 333, 302 and 398 r/w 149 i.p.c.9a. ..... he registered a case in crime no.44/1991 for offence sunder sections 147, 148, 332, 307 and 302 i.p.c., and section 3(b) of the explosive substances act and sections 25 and 27 of indian arms act. f.i.r., was registered at 6.00 am on 07. ..... .500/- in default to undergo rigorous imprisonment for six months for the offence under section 398 r/w 149 i.p.c., the 8th accused is acquitted from the charge under section 4 of the explosives substances act, 1908. 2. the case of the prosecution, in brief, is as follows:- ..... and explored the cohesion between these two provisions. the privy council has held that "on reading section 133 with illustration (b) to section 114, it is not illegal to act upon the uncorroborated evidence of an accomplice it is a rule of prudence so universally followed as to .....
Tag this Judgment!Court : Chennai Madurai
..... of mandamus directing the respondents to regulate the storage sale use and transport of fire crackers strictly as per the provisions of the explosives act 1884 and the rules framed thereunder under the explosives rules 2008 to see that during the festival season licence is not granted for sale of fire crackers in shops located nearby to ..... appearance before this court, would submit that to comply with the order of this court to pay the compensation to the family members of the victims, as provided under section 357(a) of the code of criminal procedure, the additional secretary to government, home, police (xii) department, secretariat, chennai, has written a letter to the ..... , are entitled for compensation. the superintendent of police, on enquiry, before this court told that sufficient fund is available in the victim compensation fund established under section 357-a of the code of criminal procedure. 3. in the instant case, all the deceased had lost their lives not on account of any fault or .....
Tag this Judgment!Court : Chennai Madurai
..... : writ petition is filed under article 226 of the constitution of india praying to issue a writ of mandamus directing the 1st respondent to conduct enquiry under section 9-a of the explosives act consequently direct the respondents 1 2 4 5 7 and 8 to pay compensation of rs.30 00 000/- to the persons who lost their life in ..... 1. this writ petition has been filed seeking a direction to the respondents to pay the compensation to the legal heirs of the victims, who lost their lives in the explosives factory at olugacheri village in thanjavur district. 2. earlier, when the writ petition came up for hearing before this court on 26.10.2016, we passed the following order ..... filed seeking compensation to the tune of rs.30 lakhs per head to the families of the victims numbering 10, who lost their lives in the licensed factory under the explosives rules. most of the victims are young children, who were engaged by the respondents 11 to 13. though the case was registered on 01.11.2013, the investigation, .....
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