Court : Kolkata
Reported in : (1885)ILR11Cal13
Macpherson, J.1. We think the Sessions Judge is right and that the order must be set aside. The record does not show, and the Magistrate in his explanation does not say, that the accused had an opportunity of entering upon his defence or of citing witnesses.2. It is, moreover, by no means clear that the accused knew whether the accusation which he bad to meet was one under Section 109 or Section 110 of the Criminal Procedure Code....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal10
Wilson, J.1. The case in which this reference has been made arose in this way: It appears that on the evening of the 6th of April, the three complainants went into a house in Rangoon occupied by certain actresses; that the persons said to be the seven accused came in afterwards; that a quarrel arose in which injuries were inflicted (it is alleged by the seven accused persons or some of them) upon the complainants; that on the evening of the occurrence, or immediately after it, the complainants, who had gone to the thannah, pointed out two of the accused persons, who had also gone there, as amongst the persons who had assaulted them, and on the same evening they mentioned the name of the third, but at that time they said nothing about the appellants whose case is now before us--the accused persons 4, 5, 6 and 7. The complainants were the same evening taken to the hospital, where the police officials followed them, and made endeavours to obtain from them the names or identification of an...
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal8
ORDERWilson, J.1. We think the order of the Deputy Magistrate cannot be supported. It has been more' than once held by this Court that the powers now embodied in Sections 133 to 137, with regard to the obstruction of public ways, are not to be exercised where there is a bond fide dispute as to the existence of the public right. In the present case it is plain that the right of way is really in dispute, and that its existence is at least open to doubt. No order, therefore, can be made under the sections referred to, until the public right has been established by proper legal proceedings, civil or criminal....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal52
Wilson, J.1. It appears to us that the order of the Deputy Magistrate in this case cannot be sustained. The controversy was between the proprietors of two neighbouring properties. In the proceedings before the Deputy Magistrate, the parties of the first part were the proprietors or persons connected with the proprietors of village Chunderpore. The parties on the other side were the proprietors or people connected with the proprietors of village Amkhuria. Now, it appears that there is a reservoir of some considerable size, which stands mainly within the limits of Chunderpore, but partly within the limits of Amkhuria, and partly within the precincts of another property belonging to persons different both from the first and second party. The reservoir is secured by a bund running along its north side with a spur at the western end, and a spur at the eastern end, both running southerly; the western spur and the adjacent portion of the reservoir being within the limits of Amkhuria. It appea...
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