Explosive substance, include any materials for mak-ing any explosive substance, also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement, S.K. Shukla v. State of Uttar Pradesh, (2006) 1 SCC 314. (Explosive Substance Act, 1908, s. 2)It has a broader and more comprehensive meaning than the term 'Explosive'. 'Explosive substance' includes 'Explosive'. The dictionary meaning of the word 'explosive' is 'tending to expand suddenly with loud noise, 'tending to cause explosion' (The Concise Oxford Dictionary), Mohd Usman Mohd Hussain Maniyar v. State of Maharashtra, AIR 1981 SC 1062 (1065). [Explosive Substance Act, (6 of 1908), ss. 5, 2]...
Criminal Procedure Act, 1885 (English) (28 & 29 Vict. c. 18), sometimes called 'Mr. Denman's Act' (Chit. Stat. Tit. 'Evidence': Statutes Revised); an Act, as the Preamble states, assimilating thelaw of evidence and practice on trials for felony and misdemeanour, and other proceedings in courts of criminal judicature, to that on trials at nisi prius, and enacting bys. 1 that-The provisions of s. two of this Act shall apply to every trial for felony or misdemeanor . . . and that the provisions of ss. from 3 to 8 inclusive of this act shall apply to all Courts of Judicature as well criminal as all others, and to all pesons having, by law or by consent of parties, authority to hear, receive,and examine evidence.The italicized words of the above enactment give the Act a great and general importance, especially because ss. 22-27 of the (English) Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), have been repealed by the (English) Statute Law Revision Act, 1892, as beng substantially ide...
Bass's Act (English), the Metropolitan Police Act, 1864 (27 & 28 Vict. c. 55), for the better regulation of Street Music within the Metropolitan Police District. See MUSICIAN....
Colonial Marriages Validity Act (English), 1865 (28 & 29 Vict. c. 64). All the laws made or to be made by the legislature of any of his Majesty's possessions for the purpose of establishing the validity of marriages previously contracted therein, are to have the same effect within all parts of his Majesty's dominions as within the place where they were made....
Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516.According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640.Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256.Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1.Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A c...
Dangerous person, 'dangerous person' means a person, who either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit or abets the commission of offences, punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code (45 of 1860), or any of the offences punishable under Chapter V of the Arms Act, 1959 (54 of 1959); Rashidmiya alias Chhava Ahmedmiya v. Police Commissioner (1989) 3 SCC 321:AIR 1989 SC 1703 (1706).Means a person who habitually commits or attempts to commit or abets commission of offences, either by himself or as a member of or leader of a gang, Ayub v. S.N. Sinha, AIR 1990 SC 2069 (2071). [Gujarat Prevention of Anti-Social Activities Act (16 of 1985), s. 2(c)]...
Explosives, as to injuries by, see the Malicious Damage Act, 1861, ss. 9, 10; the Offences against the Person Act, 1861, ss. 28-30, 64, 65; Chitty's Statutes, tit. 'Criminal Law.'The (English) Explosives Act, 1875 (38 Vict. c. 17), as amended and extended by the (English) Explosives Act, 1923 (13 & 14 Geo. 5, c. 17), regulates the manufacture, keeping, sale, and conveyance of gunpowder and other explosives, and the licensing and management of stores, defining 'explosive' in that Act as meaning:gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate mercury or of other metals, coloured fires, and every other substance, whether similar to those above mentioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect;And as including:For signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined.The ...
Offence of adultery, the 'offence of adultery' as defined in s. 497, IPC, can only be committed by a man, not by a woman. Indeed, the section provides expressly that the wife shall not be punishable even as an abettor. No grievance can then be made that the section does not allow the wife to prosecute the husband for adultery. The contemplation of the law, evidently, is that the wife, who is involved in an illicit relationship with another man, is a victim and not the author of the crime. The offence of adultery, as defined in s. 497, is considered by the Legislature as an offence against the sanctity of the matrimonial home, an act which is committed by a man, as it generally is. Therefore, those men who defile that sanctity are brought within the net of the law, Sowmithri Vishnu v. Union of India, AIR 1985 SC 1618: (1985) Supp SCC 137: (1985) Supp 1 SCR 741....
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
Misdemeanour, 1. A crime that is less serious than a felony and is usually punishable by fine, penalty. Forfeiture or confinement in a place other than prison, Black's Law Dictionary, 7th Edn., p. 1014.Misdemeanour, a crime less than felony, as perjury, obtaining money by false pretences, endeavouring to conceal a birth, and fradulently obtaining property on credit and not having paid for it within four months of bankruptcy, which are misdemeanours by statute; and any attempt to commit a felony or misdemeanour, whether the crime attempted be so by statute or Common Law (Arch. Cr.Pl., 2); any disobedience of a statute, Reg. v. Hall, (1891) 1 QB 747; any incitement of another to commit a felony where no such felony is actually committed, Reg. v. Gregory, (1867) LR 1 CCR 77; sale of provisions unfit for food, R. v. Dixon, (1814) 3 M&S 11; public nuisances (see NUISANCE); and very many other offences, which are misdemeanours at Common Law. 'In the present state of our law we can only defin...