Court : Kolkata
Reported in : AIR1962Cal368,66CWN676
..... the learned chief presidency magistrate is of the view that the order of the city sessions judge granting bail amounted to an order in appeal or by way of revision both the jurisdictions slaving been taken away by section 6 (1) of the city sessions court act, 1953.10. ..... section 426 which relate to granting of bail when entertaining an appeal cannot, of course, be exercised by the city sessions court; but in view, of the terms of section 5 of the city sessions court act providing that the provisions of the code shall apply the city sessions court unless expressly excluded by any other provision of the act and the only provision of exclusion being section 6 of the act, i would hold that the city sessions court has the power under section 498 of the criminal procedure code to grant bail in a case ..... 6 it is also necessary to consider section 5 of the city sessions court act which runs as follows :'for the purposes of the code, the presidency-town of calcutta shall be deemed to be a sessions division and a district, the city sessions court shall be deemed to he a court of session established for such sessions division and the chief judge and the other judges of the city sessions court shall be deemed respectively to be the sessions judge and the additional sessions judges appointed for such court of sessions; and save as otherwise provided in this act all the provisions of the code .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal30,1964CriLJ30
..... the city sessions court act, 1953, had by its section 9 provided that all trials before that court shall be ..... sub-section 4 of section 269 of the code having thereafter been introduced by the amendment act xxvi of 1955, section 9 of the city sessions court act could not escape the consequence and was affected or at least a doubt was caused as to the true ..... the west bengal criminal law amendment act, 1956 by which the relevant provision of the city sessions court act has been amended was reserved for consideration of the president and received his assent in ..... accordingly the city sessions court act has since been amended and the amendment of the act has been carried out by the west bengal criminal law amendment act (act xxvi) of 1956 which came into operation on the 24th ..... , the opinion of the learned judge would have been of value in deciding as to whether the case should be allowed to be dealt with by the judge alone; but we think in view of the amended provisions contained in the city sessions court act itself, trial by jury by that court cannot he dispensed with.5. ..... section 3 of the last named act is in these words :'notwithstanding anything contained in sections 268 and 269 of the code all trials before the city sessions court shall be by jury and such court, if it is satisfied that the interests of justice so require, may, on application made to it or of its own motion, by order direct that any trial before it shall be by jurors summoned from a special jury list and may revoke .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2007Cal260,2008(1)ARBLR83(Cal),(2007)3CALLT424(HC)
..... in order to alter or affect the provision of clause 15 or for that matter any part of the letters patent there must be expressed statutory provision; for example section 21 of the city civil and section 16 of city session court act, 1953 (calcutta) have expressly taken away.city civil court act (21 of 1953):21. ..... - the provisions of this act shall have effect notwithstanding anything to the contrary in any other law, including in particular the letters patent of the high court.city sessions court act (20 of 1953)16. ..... anything to the contrary in any other law, including in particular the letters patent of the high court.provided that nothing in this act shall be deemed to affect any provisions of the west bengal criminal law amendment (special courts) act, 1949 or the tribunals of criminal jurisdiction act, 1952:provided further that nothing in this act shall be deemed to confer any jurisdiction on the city sessions court to try any offence under the indian companies act, 1913 or deemed to affect the jurisdiction of the high ..... thus upon discussion of the aforesaid decisions as quoted above we are of the opinion that the letters patent act is not a mere enactment made by the parliament and it is an instrument to constitute this court before commencement of the constitution, and it has become the part and parcel of the constitution by virtue of article 225 and article 372 of the constitution of india. .....
Tag this Judgment!Court : Kolkata
Reported in : 1962CriLJ533
..... in calcutta, however, only certain offences not mentioned in the schedule of the city sessions court act of 1953 are now being tried by the judge, city sessions court. ..... in my view, the city sessions court act 1953 was never enacted to deal with any matter whether mentioned in the schedule or not with the only restriction mentioned in sub-section 1 of section ..... therefore, in a matter in which the city sessions court has no jurisdiction, section 5 of the city sessions court act is of no avail, and in such a case the city sessions court cannot exercise jurisdiction under section 528(lc) of the code. mr, ..... respect of the latter class of cases, the city sessions court has no jurisdiction; and it is, therefore, clear that in view of sub-section (3) of section 6, all applications in respect of such cases must be dealt with as if the city sessions court act had not been passed i.e. ..... dutt has referred us to rule 23 of the rules framed under the city sessions court act by the high court, showing that the high court contemplated miscellaneous cases under sections 528, 498 and some other sections of the code coming up before the city sessions court. mr. ..... of the city sessions court act; and as the present case involv scheduled offences, the chief judge, city sessions court, acted without jurisdiction in entertaining the application under section 528 (lc) of the code ..... matters in which the city sessions court has no jurisdiction must be dealt with as if the city sessions court act does not exist. .....
Tag this Judgment!Court : Kolkata
Reported in : 1985CriLJ204
..... submitted that this case should be removed for trial from the city sessions court to the high court in the exercise of its original criminal jurisdiction under the provisions of sub-section d of section 8 of the calcutta city sessions court act, 1953.2. mr. s. ..... the suo motu show-cause notices in this case are hereby discharged and the interim stay is vacated i direct the matter to be sent back to the learned third bench, city sessions court, calcutta, for trial in accordance with law from the stage at which the matter stood at the time of the issue of my suo motu show-cause notice dt ..... serve no useful purpose at this stage the question of convenience of the witnesses do, not arise as the high court and the city sessions court are in adjoining buildings i am accordingly of the view that as the matter now stands, at present, there are no grounds, either of law or of fact, which necessitate a transfer of this case from the city sessions court for trial to the high court this is not a case where clause 24of the letters patent, (which is dependant on a committment to ..... including the learned judge, third bench, city sessions court, calcutta will act on a copy of this judgment and order, countersigned by the clerk of the state, high court, calcutta.24 ..... september 1984, it appeared that the entire records of the case had not yet arrived before this court it also transpired that section 8 of the city sessions act 1953 stood repealed, a fact which unfortunately had escaped the notice both of mr. .....
Tag this Judgment!Court : Kolkata
Reported in : 1984CriLJ823
..... city sessions court was established by the city sessions court act, 1953 but that court had no right to entertain appeals or revisions in view of the bar imposed by section 6 of that act. ..... now a court of session for the presidency town of calcutta, namely, the city sessions court. ..... therefore contended that the appeal could be competently filed before the city sessions court and not before this court. ..... irrespective of the question whether the old code or the new code, governed the right of the appellants the forum for appeal in any event would be the court of sessions either under section 408 of the code of 1898 or under section 373(3)(a) of the new code. ..... of filing an appeal under the code to the court of session in a riven case may not also be available. ..... by the amended section 110f of the motor vehicles act the jurisdiction of the civil court was expressly taken away simultaneously with the constitution of the ..... provides that any persons convicted on a trial held by an assistant sessions judge, a district magistrate or any other magistrate, or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by any magistrate may appeal to the court of session. ..... with section 3 of the probation of offenders act, section 360 being inapplicable the judgment should be interpreted to have been passed under sections 3 of the probation of offenders act which empowers the court to release such an offender after admonition.7 .....
Tag this Judgment!Court : Kolkata
Reported in : [2000]102CompCas81(Cal),(1999)2CompLJ72(Cal)
..... this court had the jurisdiction to try a sessions case but even such a jurisdiction has been curtailed by reason of section 8 of the city sessions court act, 1953. ..... section 2(11) of the companies act defined the court to mean :'(a) with respect to any matter relating to a company (other than any offence against this act), the court having jurisdiction under this act with respect to that matter relating to that company, as provided in section 10 ; (b) with respect to any offence against this act the court of a magistrate of the first class or as the case may be, a presidency magistrate, having jurisdiction to try such offence.'31. ..... kavindra narain sinha : air1936all830 , it is stated that there are only three ways by which the high court could try an offence under the act which are as follows :(i) the high court would have jurisdiction to try the accused only if the case was committed to the high court under section 194(1) of the code of criminal procedure, 1898. ..... before we embark upon the merits of the matter it may be observed that a trial could not have been directed to be commenced unless a cognizable offence has been brought to the notice of the court and the court takes cognizance of an offence whereafter only it can summon the accused to stand trial and thereafter adopt a procedure thereafter meaning thereby whether the trial would be summary one or a warrant one or the same would be tried by a court of sessions. .....
Tag this Judgment!Court : Kolkata
Reported in : 1962CriLJ656
..... to determine the question of jurisdiction reference must first necessarily be made to section 8 of the city sessions court act, 20 of 1953, hereinafter referred to, for brevity's sake, as 'the act. ..... but the presidency-town of calcutta is such a well-known concept by now it was a well-known concept too in 1953 when the city sessions court act came into being that there was no need for any further definition.13. ..... he is good enough to invite my attention to section 3(1) of the act and says that the city sessions court has been established for the presidency-town of calcutta. ..... after the act, such commltals of scheduled offences only reach high court and of all non-scheduled offences go to the city sessions court.18. ..... they are non-scheduled offences triable by the city sessions court (vide section 7 read with section 2(5) of the act.)6. mr. ..... a non-scnednieo offence is in seisin of the city sessions court. ..... the non-scheduled offences are triable only by the city sessions court. ..... and can it therefore be said that the 1953 act, a state act though it may be, still needed a definition ..... after the calcutta high court (jurisdiction limits) act, 15 of 1919, it is there only to be seen that the port case in so far it is opposite the presidency-town of calcutta does form part of the presidency-town ..... section 2 of the aforesaid act prescribes inter ails that the ordinary original civil jurisdiction of the high court of judicature at fort william in bengal shall be exercised within the limits set out in the .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)1CALLT66(HC)
..... said rival contentions, it appears to us that in judging the propriety of the order impugned in the appeal the effect of certain provisions of the calcutta city civil and sessions courts act, 1953, the trade union act, 1926 and the applicability of certain decisions of the supreme court of india as also of this court would require consideration. ..... lacks materials on which such a finding is based, particularly, when the fact of registration is in dispute; secondly, even if a particular association is a corporation that by itself would not take away the jurisdiction of the city civil court, in term of the provision of the first schedule, as referred to above, unless the dispute involved in the relevant suit or proceeding relates to one of the specified items as mentioned in the said provision. ..... city civil courts act, excludes the jurisdiction of such court regarding the trial of suits and proceedings, as mentioned in the first schedule of the said act ..... the provisions of the code of civil procedure have been made generally applicable to the suits or proceedings under the city civil courts act. ..... the institution of the suits in the city civil court, accordingly, may be said to attract section 20 of ..... , passed by the learned judge, vii bench, city civil court, calcutta, in title suit no. ..... the plaintiffs application for injunction, specifically a point was taken that the plaintiffs association was a registered trade-union and as such the suit did not lie before the city civil court, calcutta.4. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal534,61CWN630
..... on behalf of the petitioner may be summarised as follows:--(1) the city civil court act of 1953 is not with-in the competence of the west bengal legislature. ..... dated the 20th february 1957, the governor in exercise of power conferred by sub-section (1) of section 4 of the city civil court act of 1953, was pleased to appoint the respondent no. ..... it is to be called the city civil court act, 1953, and was to come into force on such date as the state government might by notification in the official gazette, ..... were canvassed before the supreme court: (1) whether the city civil court act was ultra vires of the legislature of the province of bombay in so far as it dealt with the jurisdiction and powers of the high court and city civil court with respect to matters in list i in the seventh schedule of the government of india act, 1935 and (2) whether section 4 of the act was void as it purported to delegate to the provincial government legislative authority in the matter of investing the city civil court with extended jurisdiction. ..... in this case challenges the validity of the city civil court act, being west bengal act xxi of 1953, which was passed by the west bengal legislature and has received the assent of the president, such assent being published in the calcutta gazette, extraordinary, dated the 1st september 1953. ..... the governor was pleased to establish with effect from 23rd february 1957, for the presidency town of calcutta the court of session, to be called a city sessions court. .....
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