Kolkata Court January 1893 Judgments
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Kheroda Prosad Paul Vs. the Chairman of the Howrah Municipality
Court: Kolkata
Decided on: Jan-27-1893
Reported in: (1893)ILR20Cal448
Prinsep and Ameer Ali, JJ.1. It is unnecessary, in the view we take of this matter, to consider more than the first objection raised to the conviction and sentence under Section 218 of the Municipal Act of 1884. That objection is that the prosecution has been instituted without proper authority within the terms of Section 353, read with Sections 44 and 45 of the Act. It is not denied that no order or consent of the Commissioners was previously obtained before prosecution, nor has it been contended that the Chairman, exercising the powers of a Commissioner under Section 44, ordered this prosecution, nor that the Chairman, by any written order, delegated to the Vice-Chairman this duty. But it has been stated by the District Magistrate, who heard the appeal--and this has been repeated in the explanation given on the issue of the rule--that some months past the Vice-Chairman had his express consent to institute proceedings under Section 353 of the Act. It seems to us that the law requires ...
Thompson Vs. the Calcutta Tramway Company, Limited
Court: Kolkata
Decided on: Jan-26-1893
Reported in: (1893)ILR20Cal319
Hill, J.1. This application for leave to continue the suit in forma pauperis is opposed by the Standing Counsel on behalf of Government on the ground that the Code gives no power to allow an application for a suit not instituted in forma pauperis to be so continued. But I think I ought to follow the decision in the case of Nirmul Chandra Mookerjee v. Doyal Nath Bhuttacharjee I.L.R. 2 Cal. 130, where Pontifex, J., in a similar case held that the power, which is undoubtedly in the Court of allowing a suit to be instituted in forma pauperis includes power to allow a suit not so instituted to be continued in that form. That case has been followed by the Bombay Court in Revji Batil v. Sakharam I.L.R. 8 Bom. 615, and in another case Doorga Churn Doss v. Nittokally Dossee I.L.R. 5 Cal. 819 : 6 C.L.R. 120, Wilson, J., in relation to an application made by a defendant to be allowed to defend in forma pauperis, after taking time to consider granted the application, having previously expressed th...
The Queen-empress Vs. Kishunwa
Court: Kolkata
Decided on: Jan-24-1893
Reported in: (1893)ILR20Cal444
Prinsep and Ameer Ali, JJ.1. These proceedings were very arbitrary and unjust. It is not denied that the master of the accused has a license sufficient to cover the sword carried by him. He has been convicted simply because he had not the license with him, and he was given no opportunity of producing it before he was prosecuted. The law does not require, nor the license provide, that a license to carry arms shall always be on the person of the particular man. If, on being required to show his license, the bearer of arms is prepared to produce it on being given a reasonable opportunity to get it, and such license exists, he should not be prosecuted. The production of the license at the trial is a sufficient answer to the charge of infringing the Arms Act and to show that the prosecution was without proper consideration.2. It has also been said in support of the order that because the license was given for one retainer to carry arms, the arms could not be carried except in the presence o...
Dhanput Singh Vs. Chatterput Singh
Court: Kolkata
Decided on: Jan-19-1893
Reported in: (1893)ILR20Cal513
Prinsep and Ghose, JJ.1. The matter on which this rule has been granted relates to proceedings taken under Section 145, Code of Criminal Procedure, by the Magistrate of Purneah on notice given to the parties. Written statements have been put in, and the case was transferred by the order of the District Magistrate, under Section 528, from the Sub-divisional Magistrate of Arrareah to a Magistrate holding his Court in Purneah, the head-quarters of the district. The trial of the case has not yet commenced. The rule has been granted on two grounds taken on behalf of Rai Dhanput Singh, one of the parties to the case; first, that the Magistrate does not state the grounds of his being satisfied that a dispute likely to cause a breach of the peace exists concerning certain lands within his jurisdiction in setting out the facts, and his belief in them upon which he considers such breach of the peace as imminent; further, that he does not set out that such is imminent in regard to any specified p...
Queen-empress Vs. Raghu Nath Das
Court: Kolkata
Decided on: Jan-16-1893
Reported in: (1893)ILR20Cal413
Prinsep and Ameer Ali, JJ.1. The only point raised by the learned Counsel for the appellant is as to the form of the trial, having regard to the charges and to the findings of the Court convicting the appellant on all those charges. The appellant was charged with having fraudulently and dishonestly used as genuine certain documents which he knew or had reason to believe to be forged documents. These documents were put in by him together with a written statement in each of three suits purporting to show that the sums of money for which he was being sued were not due to the plaintiff. It has been contended that a separate charge should have been made for each one of the documents, and that consequently the trial must be set aside as contrary to law and within the terms of the precedent quoted to us. The three sets of documents were proved at the trial to have been put in each suit simultaneously, together with a written statement in the particular case, and these are the 'usings' charged...
Gur Buksh Lall and ors. Vs. Jawahir Singh and ors.
Court: Kolkata
Decided on: Jan-05-1893
Reported in: (1893)ILR20Cal599
Pigot and Banerjee, JJ.1. Against the order rejecting their application, the judgment-debtors have preferred this appeal, and it is contended on their behalf--First, that the sale having been held, with notice of Kerat Singh's mortgage, when it was clearly intended by the decree under execution that it should be held free of that mortgage, the Court below ought to have set aside the sale as illegal and invalid;Secondly, that at any rate the Court below ought to have held that the circumstance, set out above, constituted a material irregularity in the conduct of the sale;Thirdly, that the Court below ought to have held upon the evidence, that the judgment-debtors had sustained substantial injury by reason of such irregularity.2. The first contention is based upon the following facts:(After stating the facts of the case as above given the judgment continued)--Now it is clear from the terms of the decree that the sale directed by it was intended to be free of the mortgage to Kerat Singh, ...
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