Court : Kolkata
Reported in : (1924)ILR51Cal250
..... deceit on the part of the accused should be too narrowly interpreted. the word 'cause' doubtless excludes damage occurring as a mere fortuitous sequence, unconnected with the act induced by the deceit, except as every event is connected with preceding events in an unending chain. on the other hand the definition, as it stands, is ..... the offence is the damage or harm caused or likely to be caused in the said respects or in property. generally speaking, a criminal offence consists in an act done by the accused with a specific criminal intent, or state of mind, constituting the mens rea. difficulties connected with the notion of causation, common enough ..... offence does not necessarily involve fraud or dishonesty. the words of the definition are undoubtedly wide and if pushed to the full limit of their meaning might embrace acts which the man in the street would hardly regard as criminal offences. that observation, however, raises a question of the appropriate punishment in the particular case .....
Tag this Judgment!Court : Kolkata
Reported in : 84Ind.Cas.554
..... deceit on the part of the accused should be too narrowly interpreted. the word 'cause' doubtless excludes damage occurring as a mere fortuitous sequence, unconnected with the act induced by the deceit, except as every event is connected with preceding events in an unending chain. on the other land, the definition, as it stands, is ..... does not necessarily involve fraud or dishonesty. the words of the definition are33. undoubtedly wide and if pushed to the full limit of their meaning might embrace acts which the man in the street would hardly regard as criminal offences. that observation, however, raises a question of the appropriate punishment in the particular case rather ..... and may 1920, during which the supply of railway wagons for the transport of coal was strictly controlled and regulated by government under the defence of india act and regulations. the number of wagons to which a colliery was entitled for the supply of coal to a particular consignee was fixed by a government officer, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal495
..... deceit on the part of the accused should be too narrowly interpreted. the word 'cause' doubtless excludes damage occurring as a mere fortuitous sequence, unconnected with the act induced by the deceit, except as every event is connected with preceding events in unending (chain. on the other hand, the definition, as it stands, is ..... seem to lie in the possibility of damage or harm being caused in the said respects or in property. generally speaking, a criminal offence consists of an act done by the accused with a specific criminal intent or state of mind, constituting the mans rea. difficulties, connected with the notion of causation common enough in ..... does not necessarily involve fraud or dishonesty. the words of the definition are undoubtedly wide, and if pushed to the full limit of their meaning, might embrace acts which the man in the street would hardly regard as criminal offences. that observation, however, raises a question of the appropriate punishment in the particular case rather .....
Tag this Judgment!Court : Kolkata
Reported in : 82Ind.Cas.297
..... decree was made on the 27 th september 1902 and the execution sale thereunder took place on the 14th may, 1907. section 89 of the transfer of property act was in force till the code of civil procedure, 1908 came into operation on the first day of january 1909. the rights of the parties must consequently be determined with reference ..... the parties were governed by order xxxiv, rules 4 and 5 of the civil procedure code, 1908, and not by sections 88 and 89 of the transfer of property act, 1882, which were in force when the transactions in this case took place and must consequently regulate the rights of the parties.18. it is not disputed that there is a substantial ..... 20th december 1919, when the memorandum of appeal was filed and before the 1st november, 1922, when the application for review was lodged, the bengal court fees (amendment) act, (iv of 1922 b.c.) had come into force on the 1st april, 1922. section 5 of this amending statute modified article 1 of schedule i of the court fees .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal881
..... mortgage decree was made on the 27th september, 1902 and the execution sale thereunder took place on the 14th may, 1907. section 89 of the transfer of property act was in force till the code of civil procedure, 1908 came into operation on the first day of january, 1909. the rights of the parties must consequently be determined with reference ..... parties were governed by order 34, rules 4 and 5 of the civil procedure code, 1908, and not by sections 88 and 89 of the transfer for property act, 1882, which were in force when the transactions in this case took place and must consequently regulate the rights of the parties.19. it is not disputed that there is a substantial ..... december, 1919, when the memorandum of appeal was filed and before the 21st november 1922, when the application for review was lodged, the bengal court pees amendment act, 1922 (act iv of 1922 b.c.) had come into force on the 1st april 1922. section 5 of this amending statute modified article 1 of schedule i of the court pees .....
Tag this Judgment!Court : Kolkata
Reported in : 81Ind.Cas.353
..... the safety-catch, and as he did so, a live cartridge fell out.239. 3. that the accused kept on firing in the air as he rah along and refrained from shooting the packer and others who followed him at close quarters.240. no evidence was called tin ..... be attributed to the haste and hurry of the moment.194. the last suggestion is that in running away, the accused fired in the air to frighten his pursuers and not to kill them. on his own showing, therefore, it is a mere chance that he did not ..... of the pistol and as he did so, a live cartridge fell out.15. '(iii) that the accused kept on firing in the air as he ran along and deliberately refrained from shooting the packer and others who followed him at close quarters.16. 'v. whereas it has ..... hold the dagger which is driven into the victim. the driving force might come from one man. the hold of the other two men on the dagger might merely show that their minds and consent went with the act. what is the difference between these two men and the man .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal257
..... of an addition to the embarrassments of a judge, the formation of whose judgment is subject to the operation of sub-concious forces, as has been felicitously expressed by benjamin cardozo in his illuminating analysis of the nature of the judicial process: 'there has ..... attributed to the haste and hurry of the moment.131. the last suggestion is that in running; away the accused fired in the air to frighten his pursuers and not to kill them. on his own showing, therefore, it is a mere chance that he did ..... a portion of the pistol and as hedid so, a live cartridge fell out.(3) that the accused kept on firing inthe air as he ran along and deliberatelyrefrained from shooting the packer andothers who followed him at close quarter.v. whereas it has been ..... the dagger which was driven into the victim. the driving force might come from one man. the hold of the other two men on the dagger might merely show that their minds and consent went with the act. what is the difference between these two men and .....
Tag this Judgment!Court : Kolkata
Reported in : 78Ind.Cas.836
..... rent from their landlords. the judgment under appeal proceeds upon the basis that that entry attracts the presumption under section 103 b, sub-section (3) of the bengal tenanoy act ; in other words, that it shall be presumed to be correct until it is proved by evidence to be incorrect. accordingly, the learned judge of the lower appellate ..... entry comes nearest, at all events, to sub-clause (m) which is ' the special conditions and incidents, if any, of the tenancy.' the provisions of the bengal tenancy act as regards the method of making and preparing the records of rights provide for the preliminary publication of a draft. the revenue officer is to publish the draft in the ..... of proof rests on the appellant in such a case as this both on general grounds and by reason of the provisions of secticn 114 of the indian evidence act. but this burden is one which shifts easily as the evidence is developed and their lordships do not, after considering facts which appear to them to be sufficiently .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal564
..... rent from their landlords. the judgment under appeal proceeds upon the basis that that entry attracts the presumption under section 103-b, sub-section (3) of the bengal tenancy act; in other words, that it shall be presumed to be correct until it is proved by evidence to be incorrect. accordingly, the learned judge of the lower appellate court ..... entry comes nearest, at all events, to sub clause (h) which is 'the special conditions and incidents, if any, of the tenancy.' the provisions of the bengal tenancy act as regards the method of making and preparing the record-of-rights provide for the preliminary publication of a draft the revenue officer is to publish the draft in the ..... of proof rests on the appellant in such a case as this, both on general grounds and by reason of the provisions of section 114 of the indian evidence act. but this burden is one which shifts easily as the evidence is developed and their lordships do not, after considering facts which appear to them to be sufficiently .....
Tag this Judgment!Court : Kolkata
Reported in : (1924)ILR51Cal980
..... meaning the highest court of criminal appeal or revision in any local area, or, where no such court is established under any law for the time being in force, such officer as the governor-general in council may appoint in that behalf. in section 266 of the criminal procedure code it is provided that the expression 'high court' ..... or the other of the aforesaid meanings. the original criminal jurisdiction which the high court of judicature at fort william in bengal, established under the indian high courts act, 1861, exercises, it does by virtue of clause 22 of the letters patent of december 28, 1865. section 267 of the criminal procedure code provides that all trials under ..... 528b again speaks generally of the claim being put forward without mentioning any particular point of time or restricting the stage of such claim in any way. acting on the principle of interpretation that in the case of a statutory enactment made for the benefit of an accused a construction favourable to him has always got .....
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