Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Year: 1949 Page 2 of about 527 results (0.102 seconds)

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

Court : Privy Council

Reported in : AIR1949PC250

..... seems to their 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 on behalf of ..... of contributory negligent 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 when once the ..... on behalf of the 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 ascribed. alternatively .....

Hirshberg Vs. Cooke

Court : US Supreme Court

..... , such as the 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 ..... 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 ..... a power to courts-martial, but only in the very limited category of offenses there defined -- frauds against the government. [ footnote 2 ] since the 1863 act, congress has not passed any measure that page 336 u. s. 216 directly expanded court-martial powers over discharged servicemen, whether they reenlisted or not. obviously, .....

Velu Padayachi Vs. Sivasooriam Pillai

Court : Chennai

Reported in : AIR1950Mad444

..... 337 : 5 i. c. 456 and padmanabhan v. badrinath, 35 mad. 582 : 10 i. c. 126 and the difference in the wording of section 9, opium act and section 15, abkari act, and again held that there was no transfer of the licence.. from this he concluded that the argument based on the 'so called public policy' was extremely ..... was granted or afterwards, in that it either involves a transfer of the licence, which is prohibited under rule 27 and punishable under section 56, or a breach of section 15, abkari act, punishable under section 55, because the unlicensed partner, by himself or through his agent, the other partner, sells without a licence. if a partnership ..... ramachandra iyer is that where a partnership is entered into before the licence is granted, no transfer is involved; because in accordance with the principle underlying section 88 trusts act, the licence becomes the property of the partnership as soon as it is acquired. we do not however agree; for this equitable principle merely requires that .....

Srinivasa Mudaliar Vs. Abraham Pillai

Court : Chennai

Reported in : AIR1950Mad824

..... an interest in partnership is nothing but an existing interest and tangible property which can be assigned and that it does not attract to itself the mischief of section 6(e), t. p. act. in these circumstances, i hold that the order of the learned district judge under revision is not correct and i set aside the same and hold ..... transfer of such an interest, as is set out above, is made it is difficult to say how it can be a mere right to sue as defined in section 6, t. p. act. a perusal of the decision in rajamanickam chetti v. abdul halim sahib, : air1941mad389 , referred to by the counsel for respondent, would show that what was involved ..... abdul halim sahib, : air1941mad389 and stating that what was assigned to the petitioner by the original appellant was only a mere right to sue and that under section 6(e), t. p. act, a mere right to sue cannot be transferred. the learned district judge also dismissed the main appeal as having abated in consequence of having dismissed the petition of .....

Periannan and Ors. vs. Airabadeeswarar Soundaranayagi Amman Kovil of O ...

Court : Chennai

Reported in : AIR1952Mad323; (1952)IMLJ71

..... from the expression by "whatever designation known" all that is stated is that the land goes by the name of those expressions 'khambattam' etc.under the corresponding section of the bengal act, section 120 in clause (a) it is stated that private land is "land which is proved to have been cultivated as kamar, zirat, etc." by the ..... intention of direct cultivation. he had even purchased the occupancy rights of mr. fox at an execution sale for arrears of rent.under section 22 of the bengal tenancy act (corresponding to section 8 of our act), an acquisition of occupancy rights by the landholder at a rent sale does not enable him to hold the land as ryoti. ..... reported in 'keshoprasad singh v. parameshwari prasad', 2 pat 414. before dealing with this case it will be convenient to refer to the language of section 120 of the bengal tenancy act:"section 120(1): the revenue officer shall record as a proprietor's private land:(a) land which is proved to have been cultivated as khamar (zirat, .....

Gulzar Ahmad Jafri Vs. Government of United Provinces

Court : Allahabad

Reported in : AIR1950All212

..... inspector general as president and two superintendents of police as members. after the departmental trial, the deputy inspector general is required to pass orders under section 7, police act and the rules made thereunder in accordance with the unanimous or majority finding of the board. the rule also provides for an appeal from the decision ..... given a reasonable opportunity of showing cause against the action, proposed to be taken in regard to him.'27. another relevant provision of the same act is section 243 which is in these words:'notwithstanding anything in the foregoing provisions of this chapter, the conditions of service of the subordinate ranks of the various ..... 'police officer of the subordinate ranks' is meant an officer below the rank of the deputy superintendent of police, rules were framed as required by section 7, police act for the appointment and dismissal of different grades of officers in the subordinate police service and in the rules, as amended in 1931, a sub-inspector .....

S. Jawad Ali Shah Vs. Commissioner of Income Tax

Court : Allahabad

Reported in : AIR1950All227; [1950]18ITR95(All)

..... it under some usage. but whatever might have been the position before, now the position has been perfectly clarified by the amount having been fixed under section 4, sub-section (3), clause (e), muslim waqfs act as the pay of the mutawalli. under that clause the commissioner of waqfs is required to fix the pay of the mutawalli of each waqf if the ..... malik, c.j.1. this is a reference under section 66 (1), income-tax act by the income-tax appellate tribunal, allahabad.2. there is an ancient waqf in gorakhpur, known as the imambara waqf. the history of the waqf has been briefly set out ..... waqf is not exempt under section 2. section 2 relates to waqfs, which are known as private waqfs. in this case learned counsel for the assessee has given us the fact .....

Basudev Moharan Vs. Ogadhu Ponda

Court : Orissa

Reported in : AIR1950Ori99

..... matter of lister's hospital (1855) 43 e. r. 1202 : (6 de. g. m. & g. 184).17. the object of section 92 of the code, and the sections like section 73, madras act and section 54 of the act which later took its place in the statute books of the provinces is almost similar or rather the same i would say.18. in ..... the following manner : (1) (a) a 'trustee,' whether hereditary or not, of a religious endowment, is not 'a person having interest' within the meaning of sub-section (1) of section 54 of the act; (b) does not arise. even if it arises, i would answer it in the negative ; (a) my answer would be in the negative and (3) does ..... and from ejecting him from the schoolhouse. the question raised by the action was whether the managers had been properly appointed. the plaintiff had not obtained, under section 17, charitable trusts act, 1853, the leave of the charity commissioners to bring the action. bowen and fry l. jj., held :'although the action might incidentally involve the consideration of .....

S.S. Yusuf Vs. Rex

Court : Allahabad

Reported in : AIR1950All69

..... whether he did in fact tender such advice and whether the advice was accepted by the governor. here we are again faced with a statutory bar since section 51 (4), constitution act provides;'the question whether any and, if if so what, advice was tendered by ministers to the governor shall not be inquired into by any court.'16 ..... it is stated that the hon'ble shri lal bahadur sastri, police minister, directed the issue of the order. under the rules made by the governor under section 53 (3), constitution act, it is the minister-in-charge of the portfolios of police and transport, consisting of the departments of police, home affairs and confidential matters relating to ..... would be no wrong recital if this was what was actually stated; it would merely be a recital in a form prescribed by statute.11. further, section 59 (2), constitution act provides: 'orders and other instruments made and executed in the name of the governor shall be authenticated in suck manner as may be specified in rules to .....

M.R.S. Mani Vs. District Magistrate and anr.

Court : Chennai

Reported in : AIR1950Mad162

..... civil courts. the fact that an interim or initial detention is legal does not secure for it immunity from attack if the subsequent formalities prescribed by section 2 (2) and section 5 of act i [i] of 1947 are not substantially complied with and the continuance of the detention would become illegal by reason of such non-compliance. any ..... , the prosecution adduces evidence, the accused is given a right to rebut it, and conviction and sentence follow if the offence is found to be proved. section 2 of act i [1] of 1947 abrogates trial by a court and empowers the provincial government or its delegate, straightway to imprison a man if it is satisfied that ..... a full bench of the patna high court in which the delay complained of was the delay in communicating the grounds, under section 4, bihar maintenance of public order act corresponding to section 3 of the madras act. if the grounds of detention were not communicated to the detenu within a reasonable time and there is no acceptable explanation .....