Court : Kolkata
Reported in : 1949CriLJ508
..... urban police act of 1866 together with section 10(2), calcutta police act (act iv [4] of 1866) were both introduced by virtue of bengal act vii [7] of 1919, being the calcutta suburban police amendment act 1919, which was published ..... learned advocate for the accused seeks to rely on section 4a(l), calcutta suburban police act which contains particulars of the matters described there as the ' duty of a police officer,' and section 4a(l)(a) in particular which says that 'it shall be the duty of ejery police officer promptly to obey every order lawfully issued to him by ..... case it will be seen that it turns on the legality of a circular order published in the calcutta police gazette, which was worded on lines similar to section 4(2), calcutta suburban police act; and it was there held that that police circular order was illegal and of no effect. ..... calcutta suburban police act, (act ..... calcutta police ..... part of the section which enacts that 'during the term of such suspension the powers, privileges and duties conferred or imposed upon him as a police officer shall be in abeyance' is we think directed to his official duties as a police officer visa is the public and has no effect on his duty to continue to obey for the purpose of internal discipline the orders of his ..... the learned advocate for the defence turns to section 8 of the same act referring to the certificate given to a police officer on enrolment, where it is stated that such certificate shall cease to have effect whenever the person .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1990Cal105,93CWN514
..... . it is, therefore, felt necessary that, to save the interest of thika tenants, sub-section (2) of s.2 of the west bengal non-agricultural tenancy act, 1949 should be amended suitably so that the provisions of the act may apply retrospectively to the areas of garden reach municipality as notified under section-1 of the calcutta suburban police act, 1886'.the object for which 1986 amendment was made with retrospective effect is clear as the legislature thought it fit that the provisions of the west ..... the relevant provision of 1949 act was as follows :-'it extends to calcutta as defined in clause (ii) of section 3 of the calcutta municipal act, 1923 and such suburbs of calcutta as may have been or may hereafter be notified under section 1 of the calcutta suburban police act, 1966 and are not included within calcutta as so defined and also to the municipality of howrah. ..... section 2 of the said amended act was as follows:--'in sub-section (2) of section 1 of the calcutta thika tenancy act, 1949 (hereinafter referred to as the said act) the following words and figures shall be, and shall be deemed always to have been, omitted, name-ly:- such suburbs of calcutta as may have been or may hereafter be notified under section 1 of the calcutta suburban police act, 1966,; and area not included within calcutta as so defined and also.' 6. .....
Tag this Judgment!Court : Kolkata
Reported in : (1888)ILR15Cal595
..... the investigation was by the calcutta police in the town of calcutta, and unless there is some specific provision making chapter xv applicable to the police in calcutta, the section does not apply, as the statement was not made in the course of an investigation under the ..... section 164 deals with statements made to a magistrate in the course of an investigation under chapter xiv of the act, and the point for consideration is whether the investigation, in the course of which the statement in question was made, was an investigation under that ..... which is in question, was put in on monday, may 21st, as being a document made under the provisions of section 164 of the criminal procedure code, and admissible in evidence without proof under the provisions of section 80 of the evidence act, and that baboo kalinath mitter was not called until the following friday.2. ..... the contents of the document did not amount to a confession, the document itself would be relevant as an admission under section 21 of the evidence act; and though it is a confession, it is relevant and may be proved, unless it is excluded by section 26 of that act. ..... signed by him with his own hand, the whole of the admissions contained in the document were strictly proved to have been made by him, and were admissible against him under the indian evidence act.11. ..... if it does not, was the document; in question properly admitted upon the evidence of baboo kalinath miter under the provisions of sections 21 and 26 of the evidence act? .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal521
..... the points involved in the determination of the application are :(1) whether section 61a of the calcutta police act, 1866 and section 38a of the calcutta suburban police act, 1866 are ultra vires the constitution being in violation of the articles 19(1)(g), 13, 14 and 81 of the ..... was constituted by the learned chief justice to determine and dispose of the application under article 229 of the constitution challenging orders of police commissioners prohibiting a particular type of vehicles to be used in calcutta and its suburbs. ..... all this could have been avoided if the calcutta practice ensured that in all cases calling for the exercise of the constitutional function of granting certificate under articles 132, 133 and 134 of the constitution, the court deciding the case should ..... it is perhaps for these reasons that this peculiar calcutta practice has been adversely criticised by the supreme court in a ..... noticed this peculiar practice in calcutta by observing at pages 758-59 :'the appellant filed a petition for leave to appeal to this court and that petition according to what we are told is the practice obtaining in the calcutta high court came before a division bench differently constituted -- a bench constituted by the learned chief justice ..... owners of certain types of vehicles was against the principles of natural justice and therefore was illegal and without jurisdiction, and (3) whether the notification contravenes the provisions of section 224 of the calcutta municipal act. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1955Cal417,59CWN215
..... under the calcutta hackney carriage act, 1919 (bengal act 1 of 1919), every 'hackney carriage' in calcutta is required to be annually registered by a registering officer, who is a deputy commissioner of police appointed by ..... there existed at the time 6,000 rikshaws registered under the said act, including 168 rikshaws, running in the tollygunj area.the commissioner of police pointed out that for reasons of public safety it was not possible to increase the number of rikshaws in the city of calcutta beyond the existing number. ..... sometime in february 1954, the deputy commissioner of police, public vehicle department wrote to the commissioner of police, pointing out that the corporation of calcutta were pressing for a decision as to whether they should issue licenses to the ..... 1953, a conference was held, attended by the commissioner of police, the joint secretary to the local self-government department the commissioner, calcutta corporation, the deputy commissioner of police, public vehicle department and others. ..... vii) of the said act, the provisions are applicable to rikshaws under section 2(b) of the said act, the government is empowered to include in or exclude from, calcutta (or any town or local area to which the act is extended), any local ..... behalf contends, and in my opinion quite correctly, that once a rikshaw is allowed to be registered under the calcutta hackney carriage act, you could not restrict any licence holder from plying within the area of calcutta as defined by the act. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1929Cal401
..... as regards the second contention that the conviction is illegal because no charge was framed under section 54-a, calcutta police act, it may be observed, that the offence under section 54, calcutta police act, being summarily triable the framing of a formal charge is not necessary : vide 242, criminal p.c. ..... having recorded these findings the magistrate then went on to hold that the accused was guilty of an offence under section 54-a, calcutta police act, in respect of the said moneys, and sentenced him to three months rigorous imprisonment, directing at the same time that the fixed deposit receipt for rs ..... legality of the conviction has been assailed mainly on two grounds:firstly, that the elements necessary to constitute an offence under section 54-a calcutta police act, were not made out against the accused and that that section has no application in a case like the present, and secondly that no charge having been framed against the accused under section 54-a, calcutta police act, the conviction is bad in law and cannot be sustained. ..... would accordingly make the rule absolute and set aside the conviction of the petitioner under section 54-a, calcutta police act and the sentences passed on him under that section. ..... he may be convicted of an offence under section 54-a, calcutta police act,- though not separately charged with it. ..... convict the petitioner under section 54-a, calcutta police act, and sentenced him and made the order of disposal in complainant's favour as above-mentioned .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal587
..... on a consideration of relevant provisions of the calcutta, police act (bengal act v of 1866), 1 am disposed to take the view that there is no power of detention for an unlimited period, such as is claimed on behalf of the prosecution in the deputy commissioner by virtue of his being a justice of the peace. ..... bose with his usual pertinacity and ability that there can be no conceivable reason for the legislature to have omitted to prescribe with reference to confessions made in the course of investigations held by the calcutta police, those elementary and essential safe-guards which have been so jealously provided for in other cases. ..... two prisoners are utterly unfounded and untrue, but that there are circumstances in the case which make me hesitate to hold that they are not such as should be excluded, as coming within section 24 of the evidence act; and acting on the: principle that in a case of doubt on the question of admissibility of evidence when it is of such vital importance to the prisoners as their own confessions, one should not bold them as admissible unless one is affirmatively satisfied as to their ..... it is true that by act v of 1898 a new sub-section, namely, sub-section (3) was introduced into section 156. ..... these forms were also used by the presidency magistrate when the code of 1898 was in force though section 164 of that code was unquestionably not applicable to them, and they have also been used in recording the present two confessions. ..... queen-empress (1898) 25 cal. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1994Cal72
..... that your petitioner has demanded justice from the police authorities which they denied/refused and/or neglected and it is incumbent upon the police authority to discharge their duties in their normal functioning being the authority in person according to the provisions of calcutta police act, criminal procedure code, indian penal code and/ or other statutes framed thereunder for the time being in force to prevent breach of peace and cognizable offences and to detect the offenders and ..... it alsoappears from the said report filed by the officer-in-charge of the police station that the police found all the goods of the petitioner removed from the said room and dumped under the ..... 23/34 gariahat road, police station lake, calcutta-29 up to 5th july ..... copies of the report of the police officer filed in court today be given to both the parties.affidavit-in-opposition is to be filed by 17th march, 1993, affidavit-in-reply, if any to be filed by 30th march, 1993 and this matter is adjourned till 31-3-1993.let this matter appear 'for orders' on 17-3-1993 at 2 p.m.all parties including the officer-in-charge,lake police station, shall act on a zerox signed copy of this dictated order upon usual ..... 'the concerned officer carrying out the duty of the officer-in-charge, lake police station, is directed to call the petitioner, as he has mentioned in his report that in spite of the fact that the petitioner was called upon to appear before him, nobody has appeared on behalf of the petitioner, and to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal285
..... ); (h) any offence under sections 19, 20 and 25, european vagrancy act, 1874 (9 of 1874); (i) any offence under section 34, calcutta suburban police act, 1866 (bengal act 2 of 1866) and section 57, calcutta police act, 1866 (bengal act 4 of 1866); (j) any offence under sections 6 and 7, eastern frontier bifles (bengal battalion) act, 1920 (bengal act 2 of 1920); (k) any offence under the goondas act, 1923 (bengal act 1 of 1923); (1) any offence under the presidency area (emergency) security act, 1926 (bengal act 3 of 1926); (m) any offence under the bengal smuggling ..... courts.section 4 provides:the provincial government may appoint to be a special judge for such area as it may think fit any person who has acted for a period of not less than two years in the exercise of the powers of a sessions judge or an assistant sessions judge under the code of criminal procedure, 1898 (hereinafter in this ordinance referred to as the code).section 5 provides:a special judge shall try such offences or classes of offences, or such cases or classes ..... the provincial government may appoint to be a special judge for such area as it may think fit any person who has acted for a period of not less than two years in the exercise of the powers of a sessions judge or an assistant sessions judge under the code of criminal procedure, 1898 (hereinafter in this ordinance referred to as the code).section 5. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal552,70CWN82
..... case the question considered by the supreme court was the validity of section 39 of the calcutta police act, having regard to article 19(1)(g) of the constitution. ..... was further argued that the question of a person's domicile becomes relevant not only for determining the question of a citizenship, but also for determining the question of succession to immovable property under partii the succession act, 1925, the mere fact at the appellant had made a declaration regarding his domicile, it was argued, could not confer upon him the right of permanent residence in india because such a declaration might equally ..... the learned advocate general, however, referred to a letter written by the appellant on january 24, 1957, to the deputy commissioner of police, security control office, passport section, calcutta, which is to be found at page 167 of the paper book, and by which the appellant unconditionally withdrew the application for indian citizenship and communicated his decision to leave india for which he started ..... section 39 of the act conferred upon the commissioner of police, calcutta, a discretion in the matter of grant of licence for eating houses and the question was whether such discretion conferred upon the commissioner was an absolutely unguided discretion and became an unreasonable restriction on the fundamental ..... commissioner of police, calcutta, 0043/1960 : ..... against him under section 14 of the foreigners act, 1946, before the additional chief presidency magistrate, calcutta. .....
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