Court : Chennai
Reported in : (1937)2MLJ60
..... place the whole statement must be taken together. if he does not make statement that the properties are stolen there is no confession at all. section 27 of the evidence act does contemplate a confession.31. the appellants' contention in that case was that the statement of the accused that the properties were in a particular ..... lal, jj.) dissenting that the statement by the accused that he had pledged with allah din the karas subsequently recovered from the latter was admissible under section 27 of the evidence act, but that the rest of the incriminating statement could not be received in evidence. shadi lai, c.j., says that the fact discovered may ..... . bdbu lal i.l.r. (1884) all. 509 the real point for consideration which was discussed at great length in the principal judgments of that case, was whether section 27 of the evidence act governs section 26 only or section 25 as well as section 26. the majority of the judges held that section 27 controls section 25 also, although brodhurst, j., .....
Tag this Judgment!Court : Chennai
Reported in : (1912)22MLJ490
..... dealt with together and the latter first, because as pointed out in queen-empress v. bampu lal i.l.r. (1884) all. 509. these three sections (sections 25 and 26 of the indian evidence act, 1872, and section 162 of the code of criminal procedure, 1898) which were designed to guard against improper practices on the part of ..... certificate is whether previous statements of the two approvers, arumugam and somasundram, are not inadmissible in evidence against the accused persons by virtue of section 25 of the indian evidence act. that section runs thus:--' no confession made to a police officer shall be proved as against a person accused of any offence.' i agree with ..... and the explanations to that illustration furnish an indication how consideration of the evidence of an accomplice should be approached by the tribunal which is asked to act upon it. section 114 says, the courts 'may presume' the existence of any fact which, it thinks, likely to have happened regard being had to the common course .....
Tag this Judgment!Court : Kolkata
Reported in : (1915)ILR42Cal1153
..... whole includes the part, and when the act deals with a particular class of arms such as fire-arms the section moans that parts of fire-arms are included in the word 'fire-arms.' the word 'fire-arms' only means 'arms that are fired by means of gunpowder or other explosive.'20. if section 14 prohibits the possession of arms that ..... are fired by means of gunpowder or other explosive then clearly, having regard to section 4, the possession of parts of such arms is prohibited. that the possession of parts of fire-arms ..... a conspiracy both to manufacture and keep arms. the learned judge, however, is clearly wrong in treating the keeping of arms as an offence under section 19(a) of the indian arms act. the offence is keeping for sale not keeping only. does then the evidence prove a conspiracy to manufacture arms now, in cases of conspiracy the .....
Tag this Judgment!Court : Chennai
Reported in : (1912)ILR35Mad397
..... with together and the latter first, because as pointed out in queen- empress v. babu lal i.l.r. (1884) all. 509 these three sections (sections 25 and 26 of the indian evidence act, 1872, and section 162 of the code of criminal procedure, 1898), which were designed to guard against improper practices on the part of the ..... as bo the previous statements made to him by prosecution witness no. 6 and prosecution witness no. 12 would come within the purview of section 157 of the indian evidence act. the section requires that the previous statements should have been made 'before any authority legally competent to investigate the fact.' the expression 'investigate' is not ..... is whether previous statements of the two approvers, arurnugam and somasundram, are not inadmissible in evidence against the accused persons by virtue of section 25 of the indian evidence act. that section runs thus: 'no confession made to a police officer shall be proved as against a person accused of any offence 'i agree with .....
Tag this Judgment!Court : Chennai
Reported in : 17Ind.Cas.158
..... stratum of space at the 3 feet height above the drain covered by the pial has been acquired by prescription, the municipality has, under section 168 of the district municipalities act, 1884, (clause, 3), power to cause projections, encroachments or obstructions in any public street to be removed, and the definition of 'street' under ..... is, whether the plaintiff is entitled to an injunction restraining the municipal council from removing the pial. that question depends on the construction of section 168 of the district municipalities act. the right of the municipal council to the drain has not been affected by the acquisition of title to the pial by the plaintiff. ..... section 3, clause (2) includes the drain space on either side of the street. there can be no doubt that though the municipality may not .....
Tag this Judgment!Court : Chennai
Reported in : (1918)34MLJ446
..... distinction was present to the minds of the learned judges in the earliest of the above cases ramachandra v. pitchaikanni i.l.r. (1884) m. 434. after referring to various sections of the revenue recovery act they say, ' the intention is clear that the purchase is free of prior encumbrances, only when the arrear is of a public ..... inclined to think the learned judges, who decided ramachandra v. pitchakanni i.l.r. (1884) m. 403 were inclined to take the narrower view. there is no reason to suppose that the framers of section 7 of the land improvement loans act acted under the impression that there was no difference in this respect.5. i am inclined to ..... land revenue' would prima facie only attract the procedure prescribed in the revenue recovery act and not the substantial declaration contained in sections 2 and 5 of that act. the decisions of this court have been uniform on that question. see ramachandra v. pitchakanni i.l.r. (1884) m. 434 ibrahim khan sahib v. rangasami naicken i.l.r. (1905 .....
Tag this Judgment!Court : Kolkata
Reported in : (1911)ILR38Cal501
..... exercising his privileges as an elected commissioner. the court of first instance held that the defendant was qualified to vote under clause 1 of the proviso to section 15 of the bengal municipal act, 1884, because he had paid, during the year immediately preceding the election, municipal rates of the aggregate amount of not less than three rupees; the court also ..... a substantial interest in the property and have' been rightly treated by the municipality as owner in the ordinary acceptation of that term, and, therefore, liable under section 103 of that act to pay the rates assessed on the holding.11. in this view of the case, the payment of rates made by the appellant entitles him to a ..... for the reasons given at length by my learned brother, i agree that the appellant is not a qualified voter under the second clause of the proviso to section 15 of the act.8. on the other hand, it has been found by the court of first instance that though the premises in question were purchased in the name of .....
Tag this Judgment!Court : Kolkata
Reported in : 54Ind.Cas.337
..... stand upon a concrete cement foundation or plinth. the question involves deciding whether the steel tank is machinery within the third proviso to section 101 of the bengal municipal act, 1884 (act iii of 1884), and assuming that it is machinery, whether the cossipore and chitpore municipality were entitled to take into account its existence on the ..... totally different statute and it is, i think, misleading to refer to those cases for the purpose of the construction of section 101 of the bengal municipal act. section 101 of the bengal municipal act, i think, excludes machinery from the valuation of the holding for all purposes.9. the next question is whether the appellant ..... holding in arriving at the annual value of the holding under section 101. up to 1913 and prior to the erection of the tank the .....
Tag this Judgment!Court : Kolkata
Reported in : 35Ind.Cas.782
..... of the bengal ferries act (act i of 1885). section 4 of act 1 of 1885 (which is a later act) lays down that nothing in that act contained shall apply to any ferry deemed or declared to be a municipal ferry under the provisions of the bengal municipal act, 1884.10. the provisions of section 4 of the act appear to have been ..... lost sight of by the learned district judge.11. section 2 of act i of 1866, which related to public ferries and was repealed by act i. of 1885, contained the words within a distance ..... therefore, can afford no assistance in the interpretation of section 155 of the municipal act.26. moreover, section 4 of the act of 1885 declares that nothing in that act contained shall apply to any ferry deemed or declared to be a municipal ferry under the provisions of the bengal municipal act, 1884.' the legislature did not overlook the existence of .....
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR568; 152Ind.Cas.947
..... his judgment observes that the executory contract sued upon was not binding upon the plaintiff municipality before him because certain formalities prescribed by section 30 of the bombay district municipal (amendment) act, 1884, had not been complied with and therefore it was open to the defendant: before him to show that it was not binding ..... collect the tolls was not under seal, and so failed to comply with section 30 (of the district municipal act ii of 1884) to which i have already alluded. the advocate general, relying for this purpose on section 23 of the indian contract act, has asked us to hold that there was no contract at all under ..... primary education. this argument seems to lose sight of certain considerations which arise on an interpretation of the several provisions of the city of bombay municipal act. under section 61(q) a statutory duty is cast upon the municipality of maintaining, aiding and suitably accommodating schools for primary education subject always to the grant of .....
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