Court : Kolkata
Reported in : (1906)ILR33Cal295
..... right. they were on the offensive and not on the defensive. if arshad had trespassed into abed's house, the proper course was to prosecute him before the proper tribunal instead of resorting to the present high-handed proceedings.'9. the present case in my opinion comes well within the rule laid down by this court in the well- ..... the side of the prosecution that on the 8th february last the petitioners, along with a hundred or a hundred and fifty men, who are all said to have been armed, attacked arshad's house, demolished it and wounded him; and the charge which was framed against them was in these terms: 'that you on or about the 8th ..... petitioners by the order in the section 145 case, and that he had been trying to introduce complication by stealthy wrongful acts. if, therefore, the petitioners were in possession, their common object could not have been to take possession by criminal force. the case, therefore, is covered by the principle laid down by this courh in the case of rahimnddi v. .....
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 : 18Ind.Cas.830
..... that in an action for malicious prosecution, the plaintiff has to prove that he was innocent and that his innocence was pronounced by the tribunal before which the accusation was made, or in this country, of course, where there are regular courts of appeal, before the court ..... but she was afterwards allowed to take the boy into her house and again after that the mouzadar broke into the house by force and brought out the boy and knocked the step-mother down.3. any more culpably malicious charge than this which has been ..... the assembly, it is found, broke up without coming to any decision, and that thereupon the woman caught the boy by the arm and carried him off weeping and protesting, the uncle following. this mouzadar, who is a man of authority in the village and ..... uncle who apparently wished to secure whatever property might be due to the bay. but the learned judge found that he was acting in the true interest of the boy, inasmuch as the alleged step-mother was a young girl of 20 and in the .....
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 : AIR1928Cal806
..... subsequent to the decree.10. in these circumstances it appears to me that there is no authority for the proposition that upon the same facts before the same court armed with the same jurisdiction the petitioner can present a new petition asking for a dissolution of the marriage. it appears to me that it would be not only ..... do not support the proposition laid down, and upon going through these authorities and certain others, i am forced to the same conclusion.4. the case law upon this subject may be said to begin early. before the matrimonial causes act of 1856, the ecclesiastical courts had no jurisdiction to grant divorce. that relief could only be obtained from ..... act, he brought a suit for divorce and the question was whether the court could entertain that suit. lord campbell and the court over which he presided was of opinion that there was no estoppel that the former suit was for a different object but that here the suit was for a dissolution of the marriage before a tribunal armed .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal316,163Ind.Cas.41
..... december 1934, 15 persons consisting of young men and boys were put upon their trial for the crime of being engaged in a conspiracy to commit various offences under the arms act. the government had ordered that these 15 persons should be tried by a magistrate with special powers. the magistrate convicted 13 of the accused and acquitted the other two. ..... by one or two circumstances in this case. i know very little about terrorism and terrorist cases.12. this is the first time i have ever presided over an appellate tribunal dealing with revolutionary activity in bengal. no doubt if i were hand in glove with high personages of government, if i were to use the elegant expression employed in ..... had evidence against these men, but it was of such a secret character and if brought to light, so dangerous to the person who gave it, that government was forced to put these men in detention without placing them on their trial. i have no reason whatever to doubt that this is true. all i can say is that as .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal99
..... in support of the position that the conviction or acquittal of provat chakravarti or of any accused previously tried for commission of offences under the indian arms act or under section 120-b, could bar the present prosecution or the present trial.30. the subject of the general conspiracy charged in the case ..... evidence which is commonly described as independent evidence; and conclusion had to be drawn from the entire evidence in the case. the commissioners constituting the tribunal before which the appellants were tried demanded corroboration of evidence coming from approvers and accomplices, where that evidence implicated individual accused; and the whole trend ..... escape from prosecution by gross perversion of truth at police instigation. the confessional statements made by some of the accused were generally characterized as statements forced on these persons. in regard to the searches which furnished materials for the prosecution and resulted in the accused persons being placed on trial it .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal433
..... 395, i.p.c. and section 120-b, i.p. c read with section 19(f). arms act, against the 11 accused persons.4. mr. wood was examined and the tribunal took cognizance of the alleged offences under section 5, bengal criminal law amendment act of 1925. pardon was tendered to asoke and haripada on the prayer of the public prosecutor under section ..... to me to gain confirmation from the language of section 5.33. i have not found anything in any later case which in any way tends to weaken the force of the observations of the learned chief justice, and i must accordingly hold the law to be as pointed out in the concluding portion of the above quotation. as ..... and to deprive his majesty of the sovereignty of british india or any part thereof, to overawe by means of criminal force the government of india and the local government, to commit murder and dacoity, and to collect arms and ammunition in contravention of the provisions of law. in pursuance of the said conspiracy the members of this terrorist party .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1939Cal65
..... government order no. 13011-p dated 31st october 1935, which was made under the powers conferred by sub-sections 1 and 2 of section 4, bengal criminal law amendment act, 1925. the tribunal was constituted with the following commissioners : mr. h.g.s. bivar, i.c.s., district and sessions judge, mr. k. c. das gupta, i.c.s., ..... ; of complaint - ex. 1204; (2) government, order authorizing a trial under the explosives act-ex. 1207; and (3) district magistrate's order authorizing a trial under the arms act - ex. 1208. of the 31 accused, named in the government order, 30 were produced before the tribunal on the opening, date. accused 31, sitanath de, was not present as at that time ..... majesty the king-emperor or to deprive his majesty of the sovereignty of british india or of any part thereof or to overawe by means of criminal force or show of criminal force the government of india or the local government, and thereby committed an offence punishable under section 121-a, i.p.c.4. to the charge were .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal285
..... india or any part thereof, and any ordinance so made shall, for the space of not more than six months from its promulgation, have the like force of law as an act passed by the indian legislature; but the power of making ordinances under this section is subject to the like restrictions as the power of the indian ..... ordinance is (if the ordinance is valid and the requirements prescribed by the ordinance have been complied with) to prevent the convicted persons from appealing to any appellate tribunal, whether in the high court or elsewhere, and also to prevent the high court exercising its revisional jurisdiction. the contentions of the accused persons are that the ordinance ..... to be tried by a court under the ordinance, will not make such direction at the dictates of another or of his own whim? under the ordinance the arm of the high court cannot reach out to control the making of such directions.64. the exercise of this power with which the provincial government and certain officers .....
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