Court : Kolkata
Reported in : AIR1928Cal339
..... the petitioner has been convicted under section 161 read with section 213, act 6, 1901 (assam labour and emigration act) and has been sentenced to pay a ..... the case upon which the accused was tried, the case against him having been, as i have already stated, one of assisting in the emigration of the coolies; and secondly, if emigration or assisting in the emigration be taken as forming an abetment of the offence of illegal recruitment, then it cannot be an abetment which is contemplated by section 213 of the act, for it is clear that this is not a form of abetment an abetment after the fact which the indian penal code takes cognizance of ..... emigration is defined in section 2, clause (e) of the act and whether the definition confines the meaning of the word to the departure of the coolies from a particular point or whether emigration consists in the entire process of the journey made by the coolies from the point from which they depart till they reach the garden for which they are recruited, it is quite clear that the process of emigration is entirely different from the process of recruiting and section 164 ..... , that were issued on the witnesses are available and they show only that the offence for which the petitioner was being tried was an offence under the emigration act. ..... section runs in there words:whoever knowingly recruits, engages, induces, or assists or attempts to recruit, engage, induces or assist any person to emigrate in contravention of any of the provisions of this act, .....
Tag this Judgment!Court : Kolkata
Reported in : (1910)ILR37Cal27,5Ind.Cas.495
..... the petitioner in this case has been convicted under section 164 of the assam labour and emigration act, 1901, for inducing one lal bahadur kurmi to emigrate from arrah, in contravention of the notification published under the act, prohibiting all persons from recruiting, inducing, engaging or assisting any persons to emigrate from any district in bengal. ..... that section provides that 'whoever knowingly recruits, engages, induces or assists, or attempts to recruit, engage, induce or assist, any person to emigrate in contravention of any of the provisions of this act or of any notification for the time being in force thereunder, shall be punishable with imprisonment,' and the word 'emigrate' is defined as meaning the departure of a native of india for the purpose of labouring for hire in a labour district.4. ..... it is clear, therefore, that lal bahadur did not emigrate within the meaning of this act from cawnpore, and was not induced to emigrate therefrom. ..... it seems to us that if the man had originally been induced to go to sylhet to labour there for hire, it would be difficult to hold that there was a fresh emigration at every place at which he might stop on his journey. ..... but it seems clear that lal bahadur was not induced to leave cawnpore in order to go to labour at sylhet, but in order to go to fiji, and, therefore, no offence under section 164 of the act was committed at cawnpore. .....
Tag this Judgment!Court : Kolkata
Reported in : (1900)ILR27Cal455
..... the petitioner before us was charged with a breach of the coolie emigration act, and was acquitted on the ground that he was not responsible, being a servant of some one who might have transgressed the law. ..... he accordingly examined the petitioner on oath, and he thereupon summoned the master to appear before him and answer a charge under the coolie emigration act. ..... the question, therefore, arises whether the first statement was a statement coming within the terms of section 191 of the penal code, which defines the offence of giving false evidence. ..... , in passing this order, was inclined to proceed against the master, but, before so doing, he wished to ascertain clearly whether there were sufficient grounds for his taking action, that is to say, for his proceeding under section 190(c) of the code of criminal procedure to take cognizance of the offence. ..... the indian oaths act, section 5, declares that oaths or affirmations shall be made by the following persons: 'all witnesses, that is to say, all persons who may lawfully be examined, or give, or be required to give, evidence by or before any court or person having bylaw or consent of .....
Tag this Judgment!Court : Kolkata
Reported in : (1912)ILR39Cal344,15Ind.Cas.1007
..... the particular case cited, which was under the indian emigration act (xxi of 1888), the master was deemed to be ..... that case was one of mischief, but the principle is of extensive applicability under section 56 the prosecution must show that lakhichaud was not only in the employ of the petitioner, but also acted, on his behalf in removing the ganja from, his shop, lakhichand was, presumably, ..... his koilwar servant, lakhichand, was convicted, under section 46 of the bengal excise act (v of 1909), for being in possession of 2 1/2 seers of ganja which lie was attempting to transport ..... at the koilwar shop, and there to conduct sales for the petitioner; but when he travelled beyond the scope of that business, it is not possible to implicate the petitioner in his acts which were not done for the benefit of the petitioner, but rather for lakhichand's private purposes. ..... section 46 enumerates various offences, and we think that, if a master is to be held liable for all the acts of his servants, his liability must extend to all parts of section ..... acting on behalf of the petitioner when, he committed the offence under section 46(a) of the excise act ..... section is as follows: 'when any offence punishable under section 46 is committed, by any person in the employ and acting ..... the conviction of the petitioner, the master of lakhichand, can be supported on the language of section 56 of the act. ..... the language of section 56 is very clear, and does not in any way conflict with the general principle alluded to .....
Tag this Judgment!Court : Kolkata
Reported in : 16Ind.Cas.165
..... we must say that both the crown and the defence ought to have been prepared to lay before us act vi of 1901, labour and emigration act, assam, where it is clearly laid down that where any labourer deserts from his employer's service, the employer or any person authorised by him in this behalf may, without a warrant and without the assistance of any ..... the judgment and sentence of the learned sessions judge of sylhet who, agreeing with both the assessors as regards the charge under section 376 against amanullah and under section 342 against amanullah and sujatullah, and apparently differing from the assessors as regards the charge under section 379, has convicted, amanullah and sujatullah under section 342, indian penal code, and sentenced them to one year's rigorous imprisonment each, amanullah under ..... section 376 and sentenced him to four years' rigorous imprisonment and sujatullah under section 384, extortion, and sentenced him to one year's rigorous ..... whoever arrests a labourer under this section shall without delay take him to the police station nearest to the place of the arrest; and if he fails to do so, shall be punishable with fine which may extend to two hundred .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal369,1963CriLJ9,67CWN206
..... some of the state governments, including the state of west bengal, with the functions of the central government, inter alia, in making orders of the nature specified in clauses (c), (cc), (d) and (j) of sub-section (2) of section 3 of the foreigners act, 1946 and, under the foreigners order, 1948, was an invalid piece of notification, because the powers delegated were legislative powers, which could not possibly be delegated under article 258 of the constitution contemplating as the ..... under rules 2 and 4 of the indian passport rules 1950; (iii) under rule 3 of the registration of foreigners rules, 1939; (iv) in making orders of the nature specified in clauses (c), (cc), (d) and (f) of sub-section (2) of section 3 of the foreigners act, 1946 (31 of 1946) and (v) under the foreigners order, 1948, subject to the following conditions, namely:- (a) that in the exercise of such functions the said state government shall comply with such general or special directions as ..... the definition of 'foreigner' is given in section 2(a) of that act and is as follows: ' 'foreigner' means a person who- (i) is not a natural-born british subject as defined in sub-sections (1) and (2) of section (1) of the british nationality and status of aliens act, 1914, or (ii) has not been granted a certificate of naturalization as a british subject under any law for the time ..... list i, cover matters relating to aliens, extradition, admission into and emigration and expulsion from india and passport and visas. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1929Cal599
..... stress has been laid upon certain words in a letter which has been put forward as showing the agreement between the owners of the typewriters and the petitioner where it is stated ' when he emigrates (or removes) himself to british india '-the german words being 'wenn sie nach british india ubersiedeln. ..... upon the face of the amendment made in 1926 to section 2, divorce act, nothing in the divorce act authorizes any court to make a decree for dissolution of marriage, except where the parties to the marriage are domiciled in india at the time when the petition is presented ..... in these circumstances, it is very plain to me that this rule that the courts will not, under the divorce act, entertain any application for divorce except it be first proved affirmatively to its satisfaction that the parties are domiciled in india is a rule which should never be departed ..... he appears to have abandoned definitely new zealand and gone back to germany in ..... but i am not of opinion, in view of the plain terms of section 34, which says that the husband may claim damages in a petition limited to such object only, that it can be right in a ease of this character to say that, because the court has no jurisdiction to grant a decree for divorce, ..... is to oblige them to bring all material and pertinent facts to the notice of the court, to prevent their blinding the eyes of the court in any respect ; to oblige them so to act as enable the court to be in a position to do justice between the parties butler v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal216,71CWN82
..... : [1964]6scr461 ) though as a matter of practice the new sovereign acquiring a territory by cession, may recognise the property rights of the inhabitants of the ceded territory, them is nothing in municipal law to bind it inasmuch as the act of cession is an act of state as between the citizens of the ceded territory and the new sovereign, so that the subjects of the ceding state may enforce against the new sovereign in the latter's courts only those rights which ..... (b) if there were any such instance, the senate, without whose concurrence the president cannot make a treaty (article ii, section 2) would have insisted that the property rights of its affected citizens should be safeguarded by express stipulations in such treaty, following 'the usage of civilised nations' as referred to by its supreme court; or that compensation must be paid to its ..... it would, in this context, be useful to refer to the definitions of 'appointed day' and 'transferred territory' as they appear in the constitution (9th amendment) act, 1960: '(a) 'appointed day' means such date as the central government may, by notification in the official gazette, appoint as the date for the transfer of territories to pakistan in pursuance of the indo-pakistan agreements, after causing the ..... their acquiescence does not necessarily imply their willing consent to be invested with the new nationality; it may well be the result of their helplessness and of the hopeless view they take of an emigration enterprise (295). .... .....
Tag this Judgment!Court : Kolkata
Reported in : (1997)2CALLT359(HC)
..... we find it totally impossible to hold that because of rule 140 in the ship breaking rules and the definition given there, the managing director is to be treated as an owner within the meaning of section 14 of the indian ports act dealing with salvage of fleeting ships which sink during voyage.67. ..... bose but such prayer is unhesitatingly refused.the parties and all others concerned including the emigration authorities shall act on a signed xerox copy of the minutes of the operative portion which we are dictating separately. ..... the learned solicitor has pointed out that negligence is alleged and that under section 31 of the indian ports act, it is no answer to say that the vessel, at the time she had not with the accident, was being compulsorily piloted by the port's pilot out of the calcutta port. ..... we do not feel free to apply this decision to the provisions of section 14 of the indian ports act, except to this extent that the assessment of security made by the conservator under that section is also unquestionable, provided such an assessment has been made reasonably, bona fide and has taken into consideration the relevant facts and circumstances.56. ..... the alleged negligence in the sinking of the ship, yet he is in no manner liable to furnish security for ensuring the salvaging operations because the master of the vessel is not the owner of the vessel within the meaning of section 14 of the indian ports act which allows the conservators to call for security.24. .....
Tag this Judgment!Court : Kolkata
Reported in : 1989CriLJ255
..... judge was not bound by the charges framed by the committing court and that he had ample power to revise or alter them not only at the commencement of the trial under section 226 of the old code of criminal procedure, 1898 (referred to hereinafter as the 'old code'), but also under section 227 of the old code at any stage of the trial before verdict of the jury was returned or the opinion of the assessors was recorded. ..... by section 12 of the act as these sections of penal code and section 12 of the act, can stand together, when the ingredients for the offences under section 12 of the act, and for offences under sections 419 and 420, i.p.c. ..... read with section 5 of that act as, in the absence of a complaint in writing under section 6 of that act, cognizance for an offence under section 5 of that act was barred. ..... in the case of kamala vahooji (supra), a distinction was made between diversity and repugnancy and it was held that section 168a of the bengal tenancy act, 1885 was not in conflict with or repugnant to sections 51 and 60 of the code of civil procedure. ..... 1202 of 1985, rejecting an application filed by the petitioner, rajendra singh sethia, on 3-1-86 under section 216 of the code of criminal procedure for dropping unsustainable charges framed in the case.2. ..... w 900509 dated 13-2-85 issued by the public relations officer, regional passport and emigration officer, calcutta, were seized by the police. ..... sebastian 1983 cri lj 416 (ker).13. .....
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