Court : Kolkata
Reported in : (1925)ILR52Cal347
..... to disclose the real state of affairs to abdul razak, for he must have understood that when rai mohan was paying rs. 798-8 on the cheque he was acting on the representation which the cheque carried with it that it would be honoured on presentation. this representation the appellant intended to convey through abdul razak to rai mohan ..... and the other witnesses attempt to repudiate any suggestion of that responsibility.27. i, therefore, find that the appellant gave the cheque to abdul razak for encashment, which act carried with it the representation that it was a good cheque on which payment would be obtained from the bank; that he did not disclose that he had no account ..... been granted, it is hardly necessary to deal with the first argument that there is no right of appeal. such right of appeal as is created by the amending act is contained in a chapter---no. xxxiii---which, except for the one section 419, has no application to presidency towns and the trials held in this court under normal .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal14,84Ind.Cas.1041
..... disclose the real state of affairs to abdul razak, for ha must have understood that when rai mohan was paying rs. 798-8 on the cheque he was acting on the representation which the cheque carried with it that it would be honoured on presentation. this representation the appellant intended to convoy through abdul razak to rai mohan ..... and the other witnesses attempt to repudiate any suggestion of that responsibility.33. i therefore, find that the appellant gave the cheque to abdul razak for encashment, which act carried with it the representation that it was a good cheque on which payment would be obtained from the bank; that he did not disclose that he had no account ..... been granted, it is hardly necessary to deal with the first argument, that there is no right of appeal. such right of appeal as is created by the amending act is contained in chapter no. xxxiii which except for the one section 444, has no application to presidency towns, and the trials held in this court under normal procedure .....
Tag this Judgment!Court : Kolkata
Reported in : 85Ind.Cas.919
..... some stage or other of the enquiry. in those few and exceptional cases, in which the guilt of an accused may be beyond reasonable doubt, the practice in force may be permitted without risk; but inasmuch as it is discretionary with a magistrate to discharge or commit an accused person, according as he finds that the evidence is ..... made compulsory and a provision was introduced allowing a discretion in courts for the examination of accused persons in all other enquiries and trials. the relevant sections in. that act were as follows:section 193 in the chapter 'of enquiry into cases triable by the court of session or high court' ran thus: 'the magistrate may from time ..... aimed at was to elicit the truth by enabling the accused to explain matters and also clearing up obscure points by means of such explanations.25. then came act x of 1872 in which the discretionary nature of the examination was retained so far as enquiries into, cases triable exclusively by the court of session were concerned, .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal522
..... at some stage or other of the enquiry. in the few and exceptional cases, in which the guilt of an accused may be beyond reasonable doubt, the practice in force may be permitted without risk; but inasmuch as it is discretionary with a magistrate to discharge or commit an accused person, according as he finds that the evidence is ..... also made compulsory, and a provision was introduced allowing a discretion in courts for the examination of accused persons in all other enquiries and trials. the relevant sections in that act were as follows:5. section 193, in the chapter 'of enquiry into cases triable by the court of session or high court' ran thus: 'the magistrate may, ..... aimed at was to elicit the truth by enabling the accused to explain matters, and also clearing up obscure points by means of such explanations.4. then came act x of 1872 in which the discretionary nature of the examination was retained, so far as enquiries into cases triable exclusively by the court of session were concerned, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal1040
..... to be charged with having committed an offence. an offence is defined [s. 4 (o)] as an act or omission made punishable by any law for the time being in force. under chap. xii the magistrate holds an enquiry. an enquiry is not a trial [s. 4 (a ..... xii of the code of criminal procedure are not persons referred to by the words 'the accused' in section 360 (1) of that act.36. the second point which has been argued is that the magistrate has not given reasons for his order under section 145 (4). ..... is only a piece of evidence to prove what statement ho did make.12. it is argued that section 80 of the evidence act would not apply to deposition so recorded and not read over. so long as the statement had been taken in accordance with law ..... not assuming jurisdiction as a criminal court, but as a court, in the same way as a civil court, doing a quasi-ministerial act, as a preliminary to exercising its criminal jurisdiction over some other person. nor am i persuaded by the circumstance that there may be .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal822,(1925)ILR52Cal721
..... the definition may be regarded as satisfactory for all purposes, for to my mind they have been rendered obsolete by the changes introduced in section 340 of the criminal procedure code by act xviii of 1923. that section before the amendment ran ' every person accused before any criminal court may of right be defended by a pleader . it now runs ..... definition, an accused person, so no oath may be administered to him. yet section 281 of the criminal procedure code provides that he shall be sworn under the indian oaths act. it is not necessary to further labour these points. i need only say with great respect to the learned judges that i am not prepared to accept a definition ..... a party to a section 145 proceedings. yet section 340 (2) provides that a party may offer himself as a witness.19. section 5 of the indian oaths act provides that an oath shall be administered to a witness. it is not necessary to elaborate this point further. a very little consideration will show at once the absurdities .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal828
..... these cases were decided when expl. (iii) to section 13 of the civil procedure code of 1882 corresponding to expl. (v) of section 11 of the present code was in force. this explanation, in my opinion, does not stand in the way, for the proper time for granting the relief according to the rules is only after the conditions ..... under order iii, rule 5 (2), civil procedure code, or rather what may be said to be its predecessor, that is to say, section 89 of the transfer of property act, and an application under order xxxiv, rule 6, civil procedure code. consequently, it is necessary to examine the state of the law as regards limitation which relates to the former ..... courts, and among those conflicting decisions were those which dealt with two points: first, whether an application for an order under section 89 of the transfer of property act was an application in execution or not; and, secondly, whether, if it was not an application in execution, article 181 constituted a bar on the ground that .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal496
..... will of parliament as expressed in a statute. but what clause 4 of section 80a refers to and preserves from interference is the effect of an act of parliament by its own force as a determination of the will of parliament with reference to a particular subject-matter. it may well be that it guards against any possibility that ..... the peace and good government of that part. thereupon the governor-general in council may approve it and it shall have the like force of law subject to the like disallowance as if it were an act of the indian legislature.12. section 72 gives the governor-general power to make ordinances in case of emergency. the language of that ..... circumstances says that the bill shall on signature by the governor become an act of the local legislature and that the act shall have the same force and effect as an act passed by the local legislature and duly assented to. the question, therefore, remains whether as an act of the local legislature it is intra or ultra vires.19. now the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal636,103Ind.Cas.725
..... be no doubt that had her name been included with the other names in the application, she too would have got notice. under exactly the same statutory provision of the act (act 35 of 1858) this court held that a relative who had received a notice and taken part in the proceedings was entitled to appeal. the question whether a relative ..... by referring to the petition. having referred to the petition he says:in view of the circumstances set forth in the petition, i direct an inquisition under the indian lunacy act (act. 4 of 1912). in connexion with the proceedings in this matter major kingston, i.m.s., has been examined and he has testified to the fact that peary mohan ..... was the notice which i have already read which was affixed to the alleged lunatic's residence, apparently by way of analogy to section 11 of the guardians and wards act, i have some sympathy with learned district judges and with their peshkars in respect of the fact that it does not appear that any proper set of forms has been .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal610,113Ind.Cas.181
..... such party to be entitled to retain possession until evicted in due course of law, and forbidding all disturbance of such possession, until such eviction. the criminal procedure acts in force in 1866 and 1876 were to the same effect.45. if the magistrate is required to decide whether a dispute is bona fide or not it would be to ..... of the peace the magistrate should hold his hand and not proceed further,were reproduced almost verbatim in para. 4 of the section as it was introduced by act 10, 1882 which came into force on 1st january 1883, and is, in the code of 1898, clause (5) of the section. if the legislature did not amend or modify the section ..... is dispossessed his only course is to bring a fresh suit or if he is within time, to avail himself of section 9, specific relief act. if he is a turbulent person and by recourse to criminal force threatens breach of the peace, the magistrate, according to the petitioners' contention, is bound in law to put him in possession. this position .....
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