Judgment Search Results Home > Cases Phrase: civil jails act 1874 Court: kolkata Page 1 of about 728 results (0.088 seconds)

Basanta Kumar Das Vs. Nagendra Nath Pal

Court : Kolkata

Reported in : AIR1932Cal719,137Ind.Cas.425

..... directed against an order of the district judge of backergunj, dated 7th march 1932 by which the petitioner was directed to be put into civil jail for disobeying an order of temporary injunction restraining the petitioner from marrying his daughter on a particular date with a particular person. ..... brinda rani dassi (1), in support of his contention that it is open to the court acting under section 12, guardians and wards act, to issue an injunction at the instance of a person who has applied to be appointed a guardian during the pendency of those proceedings restraining the natural guardian of the minor or the guardian for the purposes of marriage from ..... of fact, the learned advocate for the respondent has sought to justify the issuing of the injunction under the provisions of section 12, guardians and wards act (8 of 189c) and he has relied on a decision of this court in the case of harendra nath chowdhnry v. ..... the marriage, according to the petitioner, was in contravention of the child marriage restraint act (19 of 1929) and the applicant before the district judge thought that the marriage was not in the interests of the minor child ..... under which the learned district judge purported to act has no application to the facts of the ..... judge apparently has not purported to act under section 12.3. ..... whole object of the application of nagendra nath pal for being appointed a guardian was to prevent what, according to him, was an illegal marriage and contravened the provisions of the act of 1929. .....

In Re: Horace Lyall

Court : Kolkata

Reported in : (1902)ILR29Cal286

..... proceedings are originally taken, before, a court in a presidency town, that is, a court within the limits of the ordinary original civil jurisdiction of one of the high courts of judicature at fort william, madras or bombay (act x of 1897, section 4, clause 41), nor can section 9 of the prisoners act apply to a case like this, that section when read with the other sections of part iii clearly showing that it has no ..... the subject, the learned judges who heard this case under section 307 of the code had ample power to send the petitioner to the alipore jail, which is within the limits of the jurisdiction they were exercising, if the alipore jail was a place appointed by the local government under section 541 as a place for the custody of persons of the class to which the ..... us, and properly; in the exercise of its criminal appellate jurisdiction, or in strictness as a court of reference under section 307 of the code, had no jurisdiction to send him to the jail at alipore on the ground that it was beyond the limits of the local jurisdiction of the court, and upon the further ground that he being an european british subject, his commitment to that ..... and verily believe that the order under which i was taken in custody before the said registrar, and the order under which i was committed to the superintendent of jail at alipore, is illegal, unlawful and irregular, and that the said orders and all proceedings taken and documents issued and things done under such order or under colour .....

G.P. Singh and ors. Vs. Shanti Ranjan Sarkar

Court : Kolkata

Reported in : 1985CriLJ1695

..... it was contended on behalf of the respondent, inter alia, that in view of section 50 of the border security force act, 1968, hereinafter referred to as the act, the order for imprisonment in civil jail for a period of three months could not be combined with dismissal from service. ..... of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion;(g) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose;(h) fine, in respect of civil offences;(i) severe reprimand or reprimand except in the case of persons below the rank of an under officer;(j) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active duty;(k) forfeiture ..... view of the learned judge that an order for imprisonment in a civil jail for a period of three months cannot be combined with dismissal from service under clause (c) of section 48(1) of the act. ..... and sentence of the summary security force court, while serving out the sentence in the civil jail, submitted a petition to the inspector-general of border security force, new delhi, through the superintendent of krishnagar jail against such finding and sentence. ..... submitted a petition to the superintendent of civil jail who, it can be presumed, must ..... court, he was sentenced to undergo rigorous imprisonment in civil jail for a period of three months. ..... imprisonment in the civil jail. ..... was sentenced to rigorous imprisonment for three months in a civil jail. .....

Abdul Hasim Vs. Srimati Malea Khatun

Court : Kolkata

Reported in : 49Ind.Cas.132

..... removing the appellant from guardianship of certain minors, and also against an order passed under section 45, sub-section 1, clause (c) of act viii of 1890, by which the appellant was ordered to be detained in civil jail, until he paid a certain sum of money as directed by the court under the provisions of section 41, subsection 3. ..... if, however, the guardian actually applied the balance in his hands for the necessities or benefit of the minor, we do not think he can be called upon to pay such money as 'property of the minor in his possession' and detained in jail for non-payment, merely because there was no permission to spend the money in that way. ..... although we think that the court below when removing the guardian, acted within its jurisdiction in enquiring into the question, whether, any portion of the proceeds ' of the sale sanctioned by it was in the hands of the guardian which he might be called upon to pay, there ought to have been a full enquiry into the matter more specially as the learned judge directed the guardian to be detained in jail for nonpayment of the money.8. ..... (there is also an application under section 115, civil procedure code, to set aside the orders of the court below.2. ..... 207, we must hold that section 41 of the act only empowers the court to require the guardian 'to deliver, as it directs, any accounts in his possession or control relating to any past or present property of the ward; and that the court has no power to order ac-counts to be rendered .....

Heeralall Chakraburtty Vs. Sreemutty Mansha Moyee Debi

Court : Kolkata

Reported in : AIR1934Cal520,152Ind.Cas.1073

..... long as this sum is not paid under section 45(1) (c), guardians and wards act, the appellant is to be detained in civil jail. ..... with interest at 6 per cent per annum of the government promissory notes, should be made over by the appellant to the respondent and that so long as the sum is not made over to her the appellant is to be detained in civil jail in accordance with the provisions of section 45(1)(c) guardians and wards act. ..... 1932 by hiralal chakravarty it has been contended by the learned advocate for the appellant that the order of the district judge was made without jurisdiction as the provisions of section 41, guardians and wards act, were not attracted to the facts of the present case and that the remedy of the respondent was not by starting proceedings under section 41, but was by the institution of a suit. ..... an examination of this case will however show that what was laid down there was that the summary power created by the guardians and wards act ceases as soon as the minority of the ward ceases and the object of that section is to give the court as representing the interest of the minor, certain summary power for the protection of his property during ..... , had not been spent for the minor the court might make an order under section 41(3), guardians and wards act, for payment of such sum into court, and on the appellant's failing to pay such sum, the court might proceed under the provisions of section 45, if it considered that the appellant should again be detained in jail. .....

Ramjeevan Koormi Vs. Durga Charan Sadhu Khan

Court : Kolkata

Reported in : (1894)ILR21Cal979

..... magistrate of the district, when the order has been endorsed by the magistrate of the district in which such property is situated, and if the sum awarded cannot be realized by means of such distress by imprisonment of the complainant in the civil jail for any time not exceeding thirty days unless such sum is sooner paid.9. ..... by section 209 of the code (act x) of 1872 authority was expressly given to award imprisonment if the compensation could not be realised. ..... one durga charan sadhu khan was arrested without warrant by constable ramjeevan for an offence under clause 3 of section 34 of act v of 1861. .....

Ratan Kumar Dhauria Vs. L. Union of India

Court : Armed forces Tribunal AFT Regional Bench Kolkata

..... give him adequate opportunity to adduce evidence in his defence in the scm and promulgated the sentence on 9th november 2007 where he was sentenced to suffer rigorous imprisonment for 6 months in civil jail, reduction to rank and also dismissal from service. ..... the scm proceeding was duly attended by two officers as per provision of section 116(2) of the army act and as such we do not find any statutory violation on the part of the commanding officer in presiding over the scm, as argued by the ..... single judge of the said high court, the writ petition was transferred to this tribunal as per provision of the armed forces tribunal 2007 act and same was taken into the file of this tribunal and renumbered as t. a no. ..... respondent on the contrary argued that as per section 116 of the army act 1950 only the commanding officer is entitled to preside over such scm. ..... petitioner preferred an appeal under section 164 of the army act 1950 and also an application under section 182 of the act before the goc-in-c, head quarter, eastern command for suspension ..... accused/petitioner was further informed that in case he had objection in respect of such person, he was at liberty to mention the name of another person to act as a friend of the accused during the court martial proceeding. ..... clear proof that the commanding officer was not biased and allowed reasonable opportunity to the petitioner to defend himself in the scm by way of choosing a person of his own choice to act as the friend of the accused in the scm. .....

Krishna Prasad Paul Vs. State of West Bengal

Court : Kolkata

Reported in : 2005(4)CHN308

..... if the petitioner wants to have the custody of the victim minor girl he is at liberty to approach proper civil court for the custody of the victim girl, and the civil court after considering all facts and circumstances can decide who would be guardian of the victim girl, or who may be declared ..... petitioner also submitted that the victim being a minor cannot engage any lawyer and cannot make any application before any court as provisions of sections 11 and 183 of the contract act makes it clear that the victim being a minor cannot contact any lawyer and vakalatnama filed by her is erroneous. ..... sessions judge in his order also observed that, 'but unless an adult person having the requisite qualification to act as her guardian comes up and is approved by the victim girl, it would be an abdication of the duty of the court to release her ..... settled that a minor who has attained sense of maturity and understanding cannot be confined into jail or rescue home, particularly when, the minor is not an accused but a witness. ..... sessions judge that, 'unless an adult person having the requisite qualification to act as her guardian comes up and is approved by the victim girl, it would be an abdication of the duty of the court to release her on her own bond,' being bad in ..... the only relevant provision is section 18 of the h.m.act which provides for punishment for contravention of condition specified in section 5(iii) of the h.m.act and the punishment may be imprisonment for 15 days or with fine which .....

In Re: Charoo Chunder Mullick and ors.

Court : Kolkata

Reported in : (1883)ILR9Cal397

..... of the offence, and sentence the offender to punishment by fine not exceeding two hundred rupees, and, in default of payment, by imprisonment in the civil jail for a period not exceeding one month, unless such fine be sooner paid.in every such case, the magistrate shall record the acts constituting the offence, with the statement (if any) made by the offender as well as the finding and sentence.if the offence is under section 228 of ..... justice norris and myself 'may form a division bench, and hear and determine any appeal, motion or other matter, in any civil or criminal case which may be brought before the high court in its appellate jurisdiction, or which they shall order to be ..... for all these reasons it appears to us that the words 'or other proceeding' in section 147 of the high court's criminal procedure act x of 1875, do not include a commitment; and that no application to have a commitment quashed can be entertained under the provisions ..... justice has further determined that on and after the 18th september 1882, and until further order, the ordinary original civil and criminal jurisdiction of the high court, shall be exercised by the honourable mr. ..... doubt there may be, as to whether applications under section 147 of act x of 1875 should be heard by the division bench exercising the appellate criminal jurisdiction of the court, i think there can be no doubt that applications under section 14 of the same act must be disposed of in the exercise of the court's original criminal .....

Parbati Dasgupta Vs. Official Liquidator and anr.

Court : Kolkata

Reported in : (2004)3CALLT149(HC),2005(4)CHN161,[2006]130CompCas427(Cal),[2005]64SCL169(Cal)

..... that lokenath jeloka had been missing and was unheard of since 1989, the learned court ought to have taken note of the provisions of section 108 of the indian evidence act, and should have called upon shri ajoy dalan to establish that lokenath jeloka was alive at the time when the winding up petition was said to have been filed on his behalf.6. mr ..... is that if in an adjudication under section 108 of the evidence act a person is presumed to have died a civil death, there can be no presumption as to the date of death and the civil death would have to be presumed to have taken effect from the ..... case that the winding up petition had been properly filed and that even if the contention of the appellant/petitioner regarding the presumption of death under section 108 of the evidence act of lokenath jeloka is accepted it would not affect the validity of the said petition as his heirs could be substituted in the proceedings in his place. ..... however, in the order dated 31st july, 2002, dismissing the appellant/petitioner's application under section 466 of the companies act, 1956, for recalling of the order dated 14th august, 2001, there is no reference to the aforesaid contention of the appellant/petitioner and it has been recorded that the aforesaid ..... , right from its inception, was a nullity, since the petitioning creditor, lokenath jeloka, was missing and was unheard of since 1989, which raised a mandatory presumption of his civil death under section 108 of the indian evidence act, 1872. mr. .....