Court : Kolkata
Reported in : AIR1928Cal610,113Ind.Cas.181
..... adjustment preventing them from culminating in a breach of the peace began with reg. 49 of 1793 and continued practically on the same lines down to the current act, viz., act 5 of 1898. the tribunal by which the adjustment was to be made was changed by reg. 15 of 1824, but the method as laid down by reg. 49 of 1793 has ..... declaring 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 require ..... of the magistrate under that section in such a also.38. now it cannot be doubled that a decree of the civil court must have its due force and it is not desirable that one arm of the law should fight the other. but this is a concern of the legislature and not of courts, however just and expedient it may seem .....
Tag this Judgment!Court : Kolkata
Reported in : 81Ind.Cas.353
..... to postpone consideration of these matters until they can effectively be determined. in my opinion, this is not a suitable occasion, and this court is not the proper tribunal for disposing of them.326. there is only one other matter to which i desire to refer. that judges exercising original civil or criminal jurisdiction should be compelled to ..... as follows: that the accused and three other persons made their appearance at the sankaritola post office at about 3-30 p.m. on the 3rd august, 1923, armed with fire-arms; that three of them, including the accused, entered the post office through its south-eastern door, while the fourth man remained outside; that of the three who came ..... or suppose that three men 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 who, without putting a useless .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal257
..... leave to postpone consideration of these matters until they can effectively be determined. in my opinion, this is not a suitable occasion, and this court is not the proper tribunal for disposing of them.230. there is only one other matter to which i desire to refer. that judges exercising original, civil or criminal jurisdiction should be compelled ..... for consideration, may now be conveniently narrated. on the 3rd august last, several persons - it is a matter for controversy whether their number was three or four-armed with, fire arms entered the sankaritola post office in this city at about 3-30 p.m. the case for the prosecution is that the gang consisted of four persons, and ..... or suppose that three men hold 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 the men who, without pulling a useless .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal913,83Ind.Cas.446
..... at the period of the decennial settlement and (prior to 1847) in cases of alluvion land into the period of its formation. for this purpose he is armed with very summary powers to compel discovery of accounts and other writings. in addition, section 13 provides that documents not produced to the collector shall not be ..... and still is the general law as regards assessment proceedings: the act of 1847 having withdrawn alluvial accretions from its scope so far as regards tribunals and rules of procedure. the regulation still applies (inter alia) to two subject-matters which since it came into force have lost much of their importance the case of lands held as ..... be stated at the outset that the provisions are of a highly drastic character. the most remarkable feature of the system is that the revenue authorities are armed with power to decide the question of liability of land to assessment; subject, no doubt, to what is called an appeal, under extremely restricted conditions, to .....
Tag this Judgment!Court : Kolkata
Reported in : 29Ind.Cas.513
..... explosive substances generally is not an offence, which, it is contended, means, according to section 4, clause (b) of the criminal procedure code, an act or omission made punishable by any law for the time being in force,' and, according to the second paragraph of section 40, indian penal code, denotes a thing punishable under that code or under any special or ..... it is the duty of the prosecution, not so much to 'secure a conviction, as to place all the available evidence in the case fairly and fully before the tribunal by which alone the guilt or innocence of the accused is to be determined. this return ticket shows that chandra sekhar, when he left goalando on his way from ..... brought out in cross-examination to pass unchallenged: morgan v. bridges (1818) 2 stark 314 : 1 b. and ald. 647 : 106 e.r. 288, bex v. murphy (1841) 1 arms. m. & o. 206. the question was elaborately reviewed by shaw, c.j., in moody v. bowel (1835) 17 pickering 490 : 28 am. dec. 317 where the learned chief justice .....
Tag this Judgment!Court : Kolkata
Reported in : (1915)ILR42Cal957
..... explosive substances generally is not an offence which, it is contended, means according to section 4, clause (a) of the criminal procedure code, 'any act or omission made punishable by any law for the time being in force,' and according to the second paragraph of section 40, indian penal code, denotes, 'a thing punishable under that code or under any special ..... , that it is the duty of the prosecution not so much to secure a conviction as to place all the evidence in the case fairly and fully before the tribunal by 'which alone the guilt or innocence of the accused is to be determined. this return ticket shows that chandra sekhar, when he left goalundo on his way ..... , it would be obviously unfair to allow the evidence brought out in cross-examination to pass unchallenged: morgan v. brydges (1818) 2 starkie 314. r. v. murphy (1841) 1 arm. m. & o. 206. the question was elaborately reviewed by shaw, c.j., in moody v. rowel (1835) 17 pickering 490. were the learned chief justice summed up his .....
Tag this Judgment!Court : Kolkata
Reported in : 16Ind.Cas.257
..... similar associations affiliated to it throughout eastern bengal, that the object for which the association was formed was for the purpose of bringing about revolution by force of arms and depriving the king of the sovereignty of british india, that the appellants were the members of the association and that they had agreed amongst ..... the dacoity, four persons in no way connected with the samity were prosecuted by order of the local government; but after a protracted trial by a special tribunal in this court, the accused were acquitted, as the case for the prosecution completely broke down. the theory now started is that the dacoity was committed by ..... british india and overawe by means of criminal force or show of criminal force the government of india. now, in furtherance of that conspiracy, the persons engaged therein may actively conspire or they may collect arms or they may conceal the existence of their conspiracy from the authorities. all these acts, if done, are in furtherance of ( .....
Tag this Judgment!Court : Kolkata
Reported in : (1910)ILR37Cal467
..... section 452.12. criminal proceedings against european british subjects are regulated by chapter xxxiii of the criminal procedure code, and provision is made in that chapter for the tribunal before which a person answering that description can be tried and as to the sentence that may be passed. it is conceded by the crown that it ..... this shocking outrage rendered delay no longer possible, and after a conference of leading officers, the police, in the early morning of the 2nd of may, armed with search warrants, entered the garden and the several places of conspiracy in calcutta, arrested the inmates, and took possession of the documents and articles they found ..... the show of criminal force, the government of india or any local government, shall be punished with transportation for life or any shorter term, or with imprisonment of either description which may extend to ten years.'explanation. to constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall .....
Tag this Judgment!Court : Kolkata
Reported in : 7Ind.Cas.359
..... section 452.12. criminal proceedings against european british subjects are regulated by chapter xxxiii of the criminal procedure code, and provision is made in that chapter for the tribunal before which a person answering that description can be tried and as to the sentence that may be passed. it is conceded by the crown that ..... this shocking outrage rendered delay no longer possible, and after a conference of leading officers, the police, in the early morning of the 2nd of may, armed with search warrants, entered the garden and the several places of conspiracy in calcutta, arrested the inmates and took possession of the documents and articles they found ..... the show of criminal force, the government of india or any local government, shall be punished with transportation for life or any shorter term, or with imprisonment of either description which may extend to ten years.'explanation. to constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall .....
Tag this Judgment!Court : Kolkata
Reported in : (1877)ILR2Cal153
..... was pretty sure of an adverse decision at least in the lower court. but a change in the view of the law upon any particular point taken by the highest tribunal in this country is of course no justification for bringing a suit which principle excludes.46. i think it unnecessary to enter here upon a discussion of what is ..... all the grounds that it is possible for him, according to his knowledge, then to bring forward.' and it seems to me that the same principles would apply with equal force, and certainly with equal reason, to claimants in this country who are seeking to disturb possession. their lordships say further on, 'the tiling was in issue, and what was ..... is laid down in section 2 of the civil procedure code is really the same (so far as plaintiffs are concerned), and has the same force and effect as the rule of 'res judicata,' as it has always been recognized and acted upon in england and in other countries in europe where the civil law obtains.4. according to that rule, in order to .....
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