Court : Chennai
Reported in : AIR1980Mad260
..... once the accused is challaned there is no privilege given to the police to remain absent".in that case the accused was prosecuted under section 34 of the police act ..... birendra nath prodhan, , a division bench of the calcutta high court observed that sub- ..... . 1898, the magistrate was bound to examine all the witnesses mentioned in the police report and issue process for their appearance in case the prosecution fails to produce them and the learned judge held that the duty of the court is only to take evidence which is ready when the case is taken up for hearing and the magistrate is not bound to go on adjourning the case until all the witnesses mentioned in the police report ..... case was to be tried according to the procedure prescribed in the criminal procedure code, 1898, for the trial of summons cases, that is, under section 244 cr. p. c ..... c., 1898 in cases instituted by the police, the legislature has deliberately departed from that procedure and in the new procedure has made no provision for summoning of the ..... 1898, states as follow:"any court may at any stage of enquiry, trial or other proceeding under this code summon any person as a witness or examine any person in attendance, though not summoned as a witness, or recall and re- ..... of 1898, reads as follows:-"in any summons case instituted otherwise than upon complaint, a magistrate of the first class or, with the previous sanction of the chief judicial magistrate, any other judicial magistrate, may for reasons to be recorded .....
Tag this Judgment!Court : Chennai
Reported in : 1958CriLJ52; (1957)2MLJ624
..... or the power of investigation is not the real or governing test for the application of section 25 of the evidence act.it is enough that the officers under the powers conferred on them by an act such as for example the sea customs act or the bengal excise act have got the essential powers analogous to police powers of prevention or detection of crimes even though they have not been vested with the powers of investigation. ..... consider whether a special officer of the commercial tax department who has been empowered to investigate into offences under the hoarding and profiteering prevention ordinance by the provincial government in exercise of the powers conferred by section 12 (3) is a 'police officer' within the meaning and for the purpose of section 162, cripc and whether a statement made to such an officer fell within the scope of section 25 of the indian evidence ..... provision, therefore, in the bengal excise act is similar to what is contended in section 20-a of the opium act, which was considered in : air1953mad917 , and is also similar to the provision contained in section 12 (3) of the hoarding and profiteering prevention ordinance referred to in : air1946mad430 in view of the above specific provision in the bengal excise act and also on general principles the calcutta high court held in : air1934cal580 , that an excise officer is a police officer within the meaning of section 25 of the evidence act. ..... p c, 1898, the area to which an excise officer empowered under section .....
Tag this Judgment!Court : Chennai
Reported in : (1939)2MLJ718
..... (1898) 22 mad. .....
Tag this Judgment!Court : Chennai
Reported in : AIR2005Mad261
..... emperor (1933 calcutta 8), a learned judge of the calcutta high court, dealing with the calcutta police act, held that in order to escape conviction under section 4 of that act, it must be shown by the defence that to all intents and purposes, on a broad and reasonable view of the matter, the game was one of skill ..... (crl) 1 this court, by taking a combined reading of section 4 of the provisions of the city police act, held that if a person who owns or occupies or has a use of any house or room, uses the same for the purpose of collecting or soliciting of bets, receiving or distributing of winning or prizes of any wager is ..... in this case, petitioner club cannot be called as public premises since the provisions of the gaming act will be in operation, and any restriction on games of chance, therefore, cannot be held to ..... 'common gaming house' has been defined under the act as an enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or sued for profit or gain to the person owning, ..... while construing the malwa (madhya bharathi) act, a constitution bench of the supreme court, ..... the tamil nadu gaming act and the power of the authorities under the act have been dealt with. ..... places of public resort act 1888, similar to the (tamil nadu) places of public resort act 1888, which provides for licence for use of a building for public resort or entertainment, held that the restriction on the games of darts and shooting galleries on the basis that the games .....
Tag this Judgment!Court : Chennai
Reported in : 1954CriLJ290
..... sometime in february - the date does not appear in the document before me - the assistant collector, tuticorin, replied to the assistant superintendent as follows:your suggestion to enforce section 30, police act, 5 of 1861, for one year within the limits of koilpatti town is accepted.on 5-3-1951 the assistant superintendent of police, sankarankoil, issued an order in which he stated that rival groups exist among the labourers in koilpatti, that subsequent to 1949 various instances involving a breach of the peace had occurred ..... thereupon the inspector arrested both sivasami and ponniah & subsequently laid a charge-sheet against them under section 32, police act.the sub-magistrate, koilpatti, acquitted both the accused holding:in the result, i find firstly that the order ex. p ..... ' : air1926pat173 (e) reads as follows:after an application for a licence to take out a procession is made under section 30, police act, 1861, the applicant is free to take out the procession whether the licence applied for is issued or not. ..... shamakandu' air 1919 pat 173 (d), the court decided,under section 30, police act, there must be a notice, special or general, on each occasion on which an intended assembly or assemblies is or are required by the superintendent or 1 police to be controlled by means of licences to be taken out by the persons celebrating the festivities concerned.in that case an order issued in connection with the mohurrum of 1915 was held not to be available in respect of muhurrum of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1961Mad166; (1961)ILLJ465Mad; (1960)2MLJ585
..... that was a case where aspecial constable was appointed under section 12 of the calcutta suburban police act. ..... feature that was relied upon in that case centered upon section 13 of the calcutta suburban act which laid down:"every special police officer so appointed shall have the same powers, privileges and protection and shall be liable to perform the same duties and shall be amenable to the same penalties and be subordinate to the same authorities as the ordinary officers of police;"notwithstanding that no remuneration was attached to that post, the conferment of the same ..... powers, privileges and protection which are available to the ordinary police officer obviously brought ..... the petitioner was appointed to act as the branch postmaster, kilayur, nagapattinam, with effect from 6-2-1949 by the superetendient of post offices, east tanjore ..... of police, was relied ..... sc 411, the question arose whether the assistance of an extra departmental agent in a branch post office taken by a candidate in canvassing for him in an election amounted to a corrupt practice within the meaning of the representation of the people act. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad249; (1953)2MLJ602
..... both sivasami and ponniah & subsequently laid a charge-sheet against them under section 32, police act.the sub-magistrate, koilpatti, acquitted both the accused holding:"in the result, i find firstly ..... reads as follows:"after an application for a licence to take out a procession is made under section 30, police act, 1861, the applicant is free to take out the procession whether the licence applied for is issued or ..... air 1919 pat 173 (d), the court decided,"under section 30, police act, there must be a notice, special or general, on each occasion on which an intended assembly or assemblies is or are required by the superintendent ot police to be controlled by means of licences to be taken out by ..... members of the public in general, who intend to convene and collect assemblies, organise and conduct procession and the like, to apply for a licence to the assistant superintendent of police, sankaran-koil for such meetings, assemblies and processions and the like within the above-said limits, under section 30 of the police act 5 of 1861 for a period of one year with effect from, 15-3-1951. ..... satisfied that it is_ intended by any person or class of persons to convene or collect an assembly.........or to form processions" that appear in the sub-section.these words make it clear that before a superintendent of police can act under section 30(2) he has to be satisfied in respect of certain matter and that matter is that some person or per-sons intend to convene an assembly or form a procession. .....
Tag this Judgment!Court : Chennai
Reported in : 2000(2)CTC206
..... so, the submission of the learned counsel appearing for the petitioners, challenging the said provision, namely, section 10(2)(1) of the act is beyond the scope of the act and it affects their fundamental right to collect fees for providing amenities cannot be countenanced, and it has to be upheld.13. ..... the term 'regulation' is a word of broad import having wide meaning comprehension all facts specifically enumerated in the said act and also embraces within its fold the powers incidental to the regulation, with a view to achieve the public welfare or imposed with the interest of public. ..... with respect to the power to amend the rule, the learned additional advocate general has submitted that the act itself has been enacted only to regulate the exhibitions by means of cinematograph in the theatres of tamil nadu. ..... he has also submitted that the rule providing power to the government to fix the rates with respect to the parking of vehicles is beyond the scope of the act itself, and so the said rule cannot stand in the eye of law.7. ..... according to the learned additional advocate general, the said act is to provide for regulation of exhibition by means of cinematograph in the state of tamil nadu. ..... the said amendment by introducing sub-section 2(1) to section 10 of the act reads as follows:-' 10(2)(1) :- the fees to be collected by the licensees for parking vehicles in the premises of cinema theatre'.exercising the said power, the government of tamil nadu introduced a provision viz. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad100; 1955CriLJ452
..... all existing bye-laws sanctioned by government have been re-enacted as part of thesubstantive law, and a salutary provision ofthe calcutta police act against the practice offrightening horses by noise has been introduceed -- (s. ..... , first of all on they evidence on record the prosecution had not brought home the offence to the accused under section 65, madras city police act, 1888; and secondly section 65, madras city police act, 1888 offended article 14 of the constitution of india and was therefore void as being repugnant thereto and that the questioning by the court of the accused under section 342, criminal p. c. ..... , to tell his story not on oath and not as a witness but in the guise of an argument on the testimony on the whole case and he may be cross-examined: in england by the criminal evidence act, 1898 (61 and 62 vict. ch. ..... ' so it became customary before the passingof the criminal evidence act, 1898, to allow the accused to make a statement to the jury, i.e. ..... this section influenced by the principles of common law before the modification by statute of 1898 makes it clear that no oath can be administered to an accused and so he is not a competent witness on his behalf; on account of the peculiar circumstances of this country, the legislature had decided to depart from the common law rule by giving .....
Tag this Judgment!Court : Chennai
Reported in : (1935)68MLJ348
..... the warrant there was held to be defective because it appeared on the face of it that the commissioner had not complied with formalities required by section 46 of the calcutta police act for the issue of a warrant. ..... this was the construction put on substantially the same provision of the calcutta police act in forsyth v. ..... the warrant and the seizure being good, the presumption arises, under section 43 of the police act, from the discovery of the instruments of gaming, vis,, the betting slips, on the premises and on the persons of accused 2, 3, 6 and 7, that the place was being used as a common gaming place and that the persons ..... it was contended that the power to issue a warrant is vested by section 42 of the police act in the commissioner of police, and that there must be proof, which is wanting here, that the power has been deputed by the commissioner to the deputy commissioner. ..... the petitioners were convicted of offences under the madras city police act, sections 45 and 46 accused 1 of keeping or permitting to be kept and accused 2, 3, 4 and 5 of using a common gaming house, and accused 6 and 7 of being found gaming or present for the purpose of gaming house, and accused 6 and 7 of being found ..... section 42 of the madras police act does not require a sworn information as a condition to the issue of a warrant. ..... section 42 of the police act says:if the commissioner has reason to believe that any enclosed place or building is used as a common gaming house he may issue his warrant.9 .....
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