Array ( [0] => ..... learned j.m.f.c. ponda against the appellant (accused) for offence punishable under section 286 of indian penal code (i.p.c.) read with section 5 of the explosive substances act, 1908 (the act). since the offence punishable under section 5 of the act was triable exclusively by the sessions court, the case was committed to the sessions court ..... and sulphur. exhibit 9 gave positive test for the presence of potassium and chloride ions. 18. in terms of section 2(a) of the act, the expression œexplosive substance? shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing ..... . 20. be that as it may, even if the said articles were found to be capable of constituting explosive substance, then also it could not have been held that the offence under section 5 of the act was proved. coupled with such possession or control, there had to be circumstances to give rise to a reasonable ..... [1] => ..... on 18.9.2011 and the offences alleged against the said witness gopal khatri were punishable under section 3(25) of the arms act and sections 4 and 5 of the explosive substance act and section 37(1) and 135 of bombay police act. during the course of investigation in the said matter it was revealed that said gopal khatri was ..... 2011324, 354, 452, 506, 34 of ipcpending2pimpri police stationn.c. 1884/2011507 ipc“3hinjwadi police station3215/20113(25) arms act, 37(1), 135 of bombay police act, 9(b) of the explosive substances act, 1908 and explosive substances rule, 17 r/w. 21 of n.d.p.s. act read with 120b of ipc.pending 16. apart from the above, there ..... from the year 1989 till 2011 and many of them are under the arms act, under the prohibition act, under the bombay police act, under the explosive substances act, and also for the preventive action under chapter cases and also under the offences against body punishable under sections 307, 323, 324, 354, 542, 506 ipc etc.. the cumulative effect ..... [2] => ..... as an order without jurisdiction and having regard to the observations by the hon'ble apex court in the decision in case between cct, orissa and ors. v. indian explosives ltd. (supra) and in the recent decision in case of sri siddeshwara co-operative bank ltd. (supra) this court is of the view that since a statutory ..... (supra) the hon'ble apex court has observed that:- œ30. in satyawati tondon[1], the court was concerned with an argument of alternative remedy provided under section 17 of sarfaesi act. dealing with this argument, the court had observed that where an effective remedy was available to the aggrieved person, the high court must insist that before availing ..... constitution and should have directed the respondent to take recourse to the appeal mechanism provided by the act.? 12.1 in this context it is appropriate at this stage to refer to the decision in case of cct, orissa and ors. v. indian explosives ltd. [(2008) 3 scc 688] wherein hon'ble apex court observed that :- œ3........the ..... [3] => ..... ) act, 1967 along with ten other accused in the wake of a bomb blast that took ..... at azad nagar police station, malegaon on 30.09.2008 for offences punishable under sections 302, 307, 324, 326, 427, 153a, 120b of the indian penal code r/w sections 3, 4, 5, 6 of the indian explosive substance act, 1908 r/w sections 3, 5, 25 of the arms act, 1959 r/w sections 15, 16, 17, 18, 20 and 23 of the unlawful activities (prevention ..... power to the executive to legislate. on the other hand the power is conferred on the executive to take action in terms of the provisions of the nia act. section 6 of the nia act is not one delegating legislative powers to the executive but one empowering action to be taken and not of delegation. in such a situation, it is not ..... [4] => ..... admitted and therefore, it is not in dispute that the motor vehicle's battery was used for igniting the fuse of explosive. the question is whether such use was 'use of motor vehicle' as contemplated under section 165 of the act? broad definition of accident arising out of use of motor vehicle is given in subsection (1) of ..... to be a 'use of vehicle'. if the vehicle was not used for causing explosion, it cannot be said that the accident that took place was accident arising out of use of motor vehicle as defined in section 165. the claim petition under section 166 thus, was not maintainable. the learned chairman committed serious error in appreciating the ..... section 165 reads as under: 165 (1) : a state government may, by notification in the official gazette, constitute one or more motor accidents ..... [5] => ..... extent that they or their consequences satisfy the requirements set forth in this clause : (i) war (whether declared or undeclared), invasion, act of terrorism, armed conflict or act of foreign enemy; (ii) nuclear explosion, radioactive or chemical contamination or ionizing radiation; (iii) any effect of the natural elements, including lightening, fire, earthquake, unprecedented rains ..... 14. findings : maintainability of petition : at the outset, i will deal with the preliminary objection of the respondents that present petition, filed under section 9 of said act is not maintainable as respondent nos.2 to 6 are not parties to the arbitration agreement. reliefs claimed under prayer clauses (a), (b) and ..... of pocket by rs.1,500 crores. 7. regarding scope of the petition, learned senior counsel submitted that section 9 of the said act is wider than section 17 of the said act. under section 17, the party to the arbitration agreement can seek interim measures only against the person who is a party ..... [6] => ..... truck to the concerned garage under the directions of appellant-mohammad hussain shaikh hayat-the employer. while he was waiting there in the garage for repairing the truck, the explosion has occurred, causing his death. these facts are sufficient to show that the death of the deceased has occurred during the course of the employment. 18. mr. mukul ..... the age of the deceased, was claimed by the respondents/claimants. 4. the accidental death case was already registered by the police and crime for the offences punishable under section 304a and 427 of the i.p. code was registered against the mechanic of the garage. 5. the present appellant mohammad hussain shaikh hayat, the employer, in his ..... period of thirty (30) days from the date of occurrence i.e. the date on which it 'falls due' as per the provisions of the workmen's compensation act. the said amount was not deposited by either of the appellants and therefore, naturally, the interest will have to be paid. 20. the accident has occurred on 8 ..... [7] => ..... in the districts of gadchiroli. fir no.3001 of 2013 was lodged under sections 13, 18, 39 of the unlawful activities (prevention) act, 1967 read with sections 4 and 5 of the explosives substances act and further read with sections 395, 143, 147, 148,149 and section 120-b of the indian penal code. 2) it is case of the ..... to attain their objectives, howsoever laudable they may be and those who have formed gangs or groups clandestinely to indulge in illegal acts and omissions for collection, transportation, distribution and use of illegal explosives, accessories, arms and ammunition are aided, assisted or helped by the local persons voluntarily or may be even involuntarily, which ..... the other hand the accused applicant and his brother also need to be thoroughly investigated. in my opinion, with stumbling block of section 43d (4) of the unlawful activities (prevention) act as barrier to the plea of the applicant for pre-arrest bail order, the only option for the applicant is to surrender himself ..... [8] => ..... the police and the special qualities that are found in the police dogs are now recognized as being of such a high caliber that in case such as detection of explosives, drugs etc. they are found superior and more effective than the most sophisticated instruments. in this background, one needs to take cognizance of the fact that for the ..... and alternatively r/w 34 of ipc for causing death of hansaben, nautambhai, maruti and jay. charge was also framed against all accused under sections 396 of ipc, 397 of ipc and 135 of bombay police act. the appellants pleaded not guilty to the said charge and claimed to be tried. the defence of the appellants is that of total denial ..... .8, sewree, mumbai in sessions case no.344 of 2003 and 264 of 2004. by the said judgment and order, the learned sessions judge convicted all the appellants under sections 396, 397 and 449 read with 34 of ipc and sentenced them as follow:-convicted u/s.sentenced to396imprisonment for life and fine of rs. 5000 each idri for 6 ..... [9] => ..... of practical considerations, rather than by a meticulous comparison of the language of their various provisions such as might be appropriate in construing section of an act of parliament. section 60 of the factories act, 1937, empowers the secretary of state to make such special regulations as appear to him to be reasonably practicable and to meet the ..... and the harbour authority. the harbour authority took possession of the wreck, raised part of the cargo and sold it and dispersed the remainder of wreck by explosives. it deducted the proceeds of the cargo from the expenses of removal of the wreck and sued the owner for the balance. the court had to consider ..... of the wreckage for removal was exceeding the authority of removal, but with which our debate is not concerned. the liability for removal under the aforesaid section is material. the section run thus : the harbourmaster may remove any wreck or other obstruction to the harbour, dock, or pier, or the approaches to the same, and ..... [10] => ..... upon the similar facts. the ratio of the division bench in the case of devidas matiramji surwade is that the term 'person' employed under sub-section (1) of section 14 of the said act has to be interpreted to mean the legal heirs of such person, who has encroached and continues to occupy the government land or the public property ..... upon any land, which is not a private property, but the government land or public property and to prosecute the persons creating such obstruction or encroachment. 9. section 184 of the said act deals with members, etc., of panchayats to be public servants, and it runs as under: 184. members, etc., of panchayats to be public servants. every ..... a member of a panchayat, and if he becomes a member of a panchayat, then he is not entitled to continue as such. the disqualification under section 14 is in respect of the acts, events, deeds, misdeeds, transactions, etc, which have been done, happened or occurred before entering into the office as a member of a panchayat as ..... [11] => ..... upon, more so, when oral evidence cannot help the court when it is in the form of words against words by rival parties. considering the implication of section 83 of the indian evidence act, presumption can be drawn in respect of map or plan drawn by competent public official in such cases so as to resolve the controversy between the arties. it ..... [12] => ..... form prescribed. in the present case, it is not disputed that in fact the petitioner submitted such application in the form prescribed on 08.03.2013. sub-section (2) of section 32 of the revenue code provides that the collector has to acknowledge the receipt of such application within seven days. but, however, in the present case, ..... out that whilst assessing the amount of conversion fees payable by the petitioner, such fees were assessed on the basis of the goa land revenue code (amendment) act 2013 which came to be published in the official gazette dated 22.05.2013 whereby the fees were substantially increased depending upon the categories such as residential, commercial ..... between the parties and ultimately on 19.09.2013, the deputy collector directed the petitioner to deposit conversion fees as per the goa land revenue code (amendment) act 2013. the petitioner thereafter requested the deputy collector on 24.09.2013 to amend the memorandum dated 13.08.2013 so as to include the open space of ..... [13] => ..... similarly, it has also found that prosecution has failed to bring on record any motive. we endorse said findings. 31. memorandum statement alleged to be under section 27 of the evidence act by accused is rightly found irrelevant by the trial court. these document at exhs. 46 and 47 do not lead to any discovery. many villagers had ..... and it is found unsatisfactory. on account of this unsatisfactory unsubstantiated answer, it is held that the accused failed to discharge the burden cast upon him by section 106 of the evidence act. 21. while discussing motive aspect, in paragraph no. 112 to paragraph no.119, it is found that though the prosecution could not bring on record ..... that accused was last seen with the daughters is accepted by the learned trial court. 20. from paragraph no.95 upto paragraph no. 111 impact of section 106 of the evidence act and therefore, special knowledge to accused has been discussed. it is found that as he was last person in whose custody the daughters were seen, hence ..... [14] => ..... to disturbance of public order. hence to protect the interest of the public in such cases, the legislation has amended the definition and incorporated 'sand smugglers' in section 2 of the act. the detaining authority has rightly considered the situation, the nature of offences and the nature of its effect on public order and has passed the order. 37. ..... detenu. hence, the detenu has been detained as he is a sand smuggler and his activities are prejudicial to public order as envisaged under section 2 (a) subsection (iv-a) of the act. sub-section (iv-a) of section 2 (a) reads as under: (iv-a) in the case of a sand smuggler, when he is engaged, or is making ..... for passing the order of detention. our attention has not been drawn to any provision of the act which expressly or impliedly lays down the type of material which can form the basis of a detention order under section 3 of the act. preventive detention measure is a harsh, but it becomes necessary in larger interest of society. it ..... [15] => ..... kept in the plot no.l-2 some of which was open to air and rain apparently attracting the provisions of section 16 read with section 15 of the environment (protection) act, 1986 and section 269 ipc while declining to quash the fir. all these judgments are clearly distinguishable and cannot substantiate the case of the ..... prescribed permissible limits for drinking water and accordingly giving rise to the report against the petitioner for the offence punishable under section 269 ipc and section 16 read with section 15 of the environment (protection) act, 1986. 17. in nazeem (supra), this court while dealing with the petition considered whether the contents of the fir ..... which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. section 341 ipc reads thus:- section 341. punishment for wrongful restraint-whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one ..... [16] => ..... of regulatory authorities. 9. mr. mehta s submission is based on a reading of sections 391 and 393 of the companies act, 1956. in particular, he emphasizes the proviso to section 391(2). section 391 reads: section 391 power to compromise or make arrangements with creditors and members (1) where a compromise or arrangement is proposed - ..... of its own powers in law order the disclosure of these documents. my own remit in the company jurisdiction is limited to matters that arise under sections 391-394 of the companies act, 1956. i have no concern with broader policy issues or what is social or morally desirable or of matters relating to the conduct or control ..... objection, that the remaining business includes the data centre, tower business and sstl s investments in rcom. 3. the entire scheme is framed under sections 391 to 394 of the companies act, 1956. it is clearly conditional and it is subject to a series of events that are set out in the scheme in clause 8(j). ..... [17] => ..... that at the most, the transfer in question would attract such item, and being an interdepartmental transfer, would not attract the provision of sub-section (1) of section 42 of the said act so as to require the notice of change to be given to the employees. he has relied upon the decision of the apex court in ..... rest intervals. 11. all matters pertaining to leave and holidays, other than those specified in items 6 and 7 in schedule i. sub-section (4) of section 46 of the bombay industrial relations act provides that no employer shall make any change in any industrial matters mentioned in schedule ii before giving notice of change, as required by the ..... in the strength of employees in the polyester department and increase in the strength of employees in the spurn yarn department in violation of sub-section (1) of section 42 of the bombay industrial relations act, whereas the industrial court holds that the illegal change attracts items 1, 2, 7 and 9 of schedule ii. the courts below have ..... [18] => ..... for the purpose of answering question nos.(i) to (iv), in our view, it would be necessary to consider the relevant provisions of section 52 of the tp act; section 18 (ee) of registration act, 1908, along with rules 1, 2, 2a and 11 of order xxxix and rule 98 and 100 of order xxi of code of ..... inquiry and court shall dismiss his application. 64. in our considered view, two things must be emphasized to underline the difference and distinction between lis pendens, section 52 of tp act and order xxxix cpc dealing with temporary injunction, which, with great respect, has escaped the attention of the learned single judge deciding kachhi properties (supra) ..... against them. alienees would not even be able to raise an obstruction in execution proceedings. thus, the learned single judge held that protection afforded by section 52 of tp act is sufficient and there is no need of granting temporary injunction on the specious plea of avoiding multiplicity of proceedings. 19. the learned single judge then ..... [19] => ..... under: 19. the parliament omitted chapter headings 2401, 2402 and 2403 and sub-heading and tariff item thereunder from the first schedule to ade act 1957 vide section 10, taxation laws (amendment) act, 2007 (act no.16 of 2007) effective from 1st april, 2007, without losing share of central taxes. this enabled states to levy vat on tobacco with ..... notification, operates retrospectively. as set out above, this is an issue that can and ought to be considered by the appellate forum under the mvat act. (p) under the ade act section 4 provides for distribution of additional duties among states in accordance with the provision of the second schedule. (q) it is well settled that an ..... not form part of the consolidated fund of india, but shall be assigned to that state. then comes article 268a which was inserted by constitution (88th amendment) act, 2003 (section 2) and is titled as 'service tax levied by union and collected and appropriated by the union and the states', but this article has yet to be ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Mumbai - Page 3 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: mumbai Page 3 of about 20,352 results (0.204 seconds)

Mar 05 2014 (HC)

Sikandar Axamani Vs. State of Goa, as Represented by Officer-in-charge

Court : Mumbai Goa

..... learned j.m.f.c. ponda against the appellant (accused) for offence punishable under section 286 of indian penal code (i.p.c.) read with section 5 of the explosive substances act, 1908 (the act). since the offence punishable under section 5 of the act was triable exclusively by the sessions court, the case was committed to the sessions court ..... and sulphur. exhibit 9 gave positive test for the presence of potassium and chloride ions. 18. in terms of section 2(a) of the act, the expression explosive substance? shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing ..... . 20. be that as it may, even if the said articles were found to be capable of constituting explosive substance, then also it could not have been held that the offence under section 5 of the act was proved. coupled with such possession or control, there had to be circumstances to give rise to a reasonable .....

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Feb 13 2014 (HC)

Hiranand @ Dabbu Kimmatram Aswani Vs. the State of Maharashtra and Ano ...

Court : Mumbai

..... on 18.9.2011 and the offences alleged against the said witness gopal khatri were punishable under section 3(25) of the arms act and sections 4 and 5 of the explosive substance act and section 37(1) and 135 of bombay police act. during the course of investigation in the said matter it was revealed that said gopal khatri was ..... 2011324, 354, 452, 506, 34 of ipcpending2pimpri police stationn.c. 1884/2011507 ipc3hinjwadi police station3215/20113(25) arms act, 37(1), 135 of bombay police act, 9(b) of the explosive substances act, 1908 and explosive substances rule, 17 r/w. 21 of n.d.p.s. act read with 120b of ipc.pending 16. apart from the above, there ..... from the year 1989 till 2011 and many of them are under the arms act, under the prohibition act, under the bombay police act, under the explosive substances act, and also for the preventive action under chapter cases and also under the offences against body punishable under sections 307, 323, 324, 354, 542, 506 ipc etc.. the cumulative effect .....

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Dec 10 2013 (HC)

Sunil Kumar Patodia Vs. Debts Recovery Tribunal - Ii âandeuro;andldqu ...

Court : Mumbai

..... as an order without jurisdiction and having regard to the observations by the hon'ble apex court in the decision in case between cct, orissa and ors. v. indian explosives ltd. (supra) and in the recent decision in case of sri siddeshwara co-operative bank ltd. (supra) this court is of the view that since a statutory ..... (supra) the hon'ble apex court has observed that:- 30. in satyawati tondon[1], the court was concerned with an argument of alternative remedy provided under section 17 of sarfaesi act. dealing with this argument, the court had observed that where an effective remedy was available to the aggrieved person, the high court must insist that before availing ..... constitution and should have directed the respondent to take recourse to the appeal mechanism provided by the act.? 12.1 in this context it is appropriate at this stage to refer to the decision in case of cct, orissa and ors. v. indian explosives ltd. [(2008) 3 scc 688] wherein hon'ble apex court observed that :- 3........the .....

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Oct 11 2013 (HC)

Pragyasingh Chandrapalsingh Thakur and Another Vs. State of Maharashtr ...

Court : Mumbai

..... ) act, 1967 along with ten other accused in the wake of a bomb blast that took ..... at azad nagar police station, malegaon on 30.09.2008 for offences punishable under sections 302, 307, 324, 326, 427, 153a, 120b of the indian penal code r/w sections 3, 4, 5, 6 of the indian explosive substance act, 1908 r/w sections 3, 5, 25 of the arms act, 1959 r/w sections 15, 16, 17, 18, 20 and 23 of the unlawful activities (prevention ..... power to the executive to legislate. on the other hand the power is conferred on the executive to take action in terms of the provisions of the nia act. section 6 of the nia act is not one delegating legislative powers to the executive but one empowering action to be taken and not of delegation. in such a situation, it is not .....

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Oct 10 2013 (HC)

Fimidabee W/O Abdul Gaffar and Others Vs. Kalim Khan S/O Aziz Khan and ...

Court : Mumbai Nagpur

..... admitted and therefore, it is not in dispute that the motor vehicle's battery was used for igniting the fuse of explosive. the question is whether such use was 'use of motor vehicle' as contemplated under section 165 of the act? broad definition of accident arising out of use of motor vehicle is given in subsection (1) of ..... to be a 'use of vehicle'. if the vehicle was not used for causing explosion, it cannot be said that the accident that took place was accident arising out of use of motor vehicle as defined in section 165. the claim petition under section 166 thus, was not maintainable. the learned chairman committed serious error in appreciating the ..... section 165 reads as under: 165 (1) : a state government may, by notification in the official gazette, constitute one or more motor accidents .....

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Aug 23 2013 (HC)

Housing Development and Infrastructure Limited Vs. Mumbai Internationa ...

Court : Mumbai

..... extent that they or their consequences satisfy the requirements set forth in this clause : (i) war (whether declared or undeclared), invasion, act of terrorism, armed conflict or act of foreign enemy; (ii) nuclear explosion, radioactive or chemical contamination or ionizing radiation; (iii) any effect of the natural elements, including lightening, fire, earthquake, unprecedented rains ..... 14. findings : maintainability of petition : at the outset, i will deal with the preliminary objection of the respondents that present petition, filed under section 9 of said act is not maintainable as respondent nos.2 to 6 are not parties to the arbitration agreement. reliefs claimed under prayer clauses (a), (b) and ..... of pocket by rs.1,500 crores. 7. regarding scope of the petition, learned senior counsel submitted that section 9 of the said act is wider than section 17 of the said act. under section 17, the party to the arbitration agreement can seek interim measures only against the person who is a party .....

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Aug 06 2013 (HC)

Mohammad HussaIn Vs. Radha W/O Deelip Salve and Others

Court : Mumbai Aurangabad

..... truck to the concerned garage under the directions of appellant-mohammad hussain shaikh hayat-the employer. while he was waiting there in the garage for repairing the truck, the explosion has occurred, causing his death. these facts are sufficient to show that the death of the deceased has occurred during the course of the employment. 18. mr. mukul ..... the age of the deceased, was claimed by the respondents/claimants. 4. the accidental death case was already registered by the police and crime for the offences punishable under section 304a and 427 of the i.p. code was registered against the mechanic of the garage. 5. the present appellant mohammad hussain shaikh hayat, the employer, in his ..... period of thirty (30) days from the date of occurrence i.e. the date on which it 'falls due' as per the provisions of the workmen's compensation act. the said amount was not deposited by either of the appellants and therefore, naturally, the interest will have to be paid. 20. the accident has occurred on 8 .....

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Jul 31 2013 (HC)

Bandopant S/O Shankarrao Mallelwar Vs. State of Maharashtra

Court : Mumbai Nagpur

..... in the districts of gadchiroli. fir no.3001 of 2013 was lodged under sections 13, 18, 39 of the unlawful activities (prevention) act, 1967 read with sections 4 and 5 of the explosives substances act and further read with sections 395, 143, 147, 148,149 and section 120-b of the indian penal code. 2) it is case of the ..... to attain their objectives, howsoever laudable they may be and those who have formed gangs or groups clandestinely to indulge in illegal acts and omissions for collection, transportation, distribution and use of illegal explosives, accessories, arms and ammunition are aided, assisted or helped by the local persons voluntarily or may be even involuntarily, which ..... the other hand the accused applicant and his brother also need to be thoroughly investigated. in my opinion, with stumbling block of section 43d (4) of the unlawful activities (prevention) act as barrier to the plea of the applicant for pre-arrest bail order, the only option for the applicant is to surrender himself .....

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Mar 20 2013 (HC)

Manojkumar Pradeep Gupta and Others Vs. State of Maharashtra

Court : Mumbai

..... the police and the special qualities that are found in the police dogs are now recognized as being of such a high caliber that in case such as detection of explosives, drugs etc. they are found superior and more effective than the most sophisticated instruments. in this background, one needs to take cognizance of the fact that for the ..... and alternatively r/w 34 of ipc for causing death of hansaben, nautambhai, maruti and jay. charge was also framed against all accused under sections 396 of ipc, 397 of ipc and 135 of bombay police act. the appellants pleaded not guilty to the said charge and claimed to be tried. the defence of the appellants is that of total denial ..... .8, sewree, mumbai in sessions case no.344 of 2003 and 264 of 2004. by the said judgment and order, the learned sessions judge convicted all the appellants under sections 396, 397 and 449 read with 34 of ipc and sentenced them as follow:-convicted u/s.sentenced to396imprisonment for life and fine of rs. 5000 each idri for 6 .....

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Mar 20 2013 (HC)

Sparebanken Sogn Og Fjordane and Another Vs. M.V. Bos Angler and Other ...

Court : Mumbai

..... of practical considerations, rather than by a meticulous comparison of the language of their various provisions such as might be appropriate in construing section of an act of parliament. section 60 of the factories act, 1937, empowers the secretary of state to make such special regulations as appear to him to be reasonably practicable and to meet the ..... and the harbour authority. the harbour authority took possession of the wreck, raised part of the cargo and sold it and dispersed the remainder of wreck by explosives. it deducted the proceeds of the cargo from the expenses of removal of the wreck and sued the owner for the balance. the court had to consider ..... of the wreckage for removal was exceeding the authority of removal, but with which our debate is not concerned. the liability for removal under the aforesaid section is material. the section run thus : the harbourmaster may remove any wreck or other obstruction to the harbour, dock, or pier, or the approaches to the same, and .....

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