Kolkata Court October 1915 Judgments
Abdul Ali Choudhury and ors. Vs. Emperor
Court: Kolkata
Decided on: Oct-28-1915
Reported in: 34Ind.Cas.961
1. The accused in this case were convicted under Section 143, Indian Penal Code and bound down under Section 106, Criminal Procedure Code. It has been urged before us that the order under Section 106, Criminal Procedure Code, is without jurisdiction as there was no finding of any likelihood of a breach of the peace being committed or of any evident intention of committing acts which would involve a breach of the peace. The Appellate Court came to no finding upon this point. All that is said in the judgment of the Appellate Court is that the appellants formed with others an unlawful assembly with the common object set forth in the charge. In the lower Court the findings are as follows: 'The common object of this unlawful assembly was by means of criminal force or show of criminal force to take possession of the plot of land cultivated by Syam Bap.' There is a further finding to this effect: 'There can be no doubt that had not Afruz Bakht Chowdhry directed Syam Bap and his other tenants ...
Tag this Judgment!Dirajaddi and anr. Vs. Emperor
Court: Kolkata
Decided on: Oct-05-1915
Reported in: 33Ind.Cas.644
1. We make this Rule absolute on the authorities to which we are referred, namely, Bolai Dey v. Emperor 35 C. 361 : 12 C.W.N. 367 : 7 Cr. L.J. 188; Puna Chandra Kundu v. Emperor 20 Ind. Cas. 750 : 17 C.W.N. 978 : 14 Cr. L.J. 494 : 41 C. 7 and Kalai v. Kalu Chowkidar 27 C. 366 : 4 C.W.N. 252.2. We set aside the convictions and sentences and direct that the bail bonds be discharged....
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