Court : Kolkata
Reported in : 1949CriLJ1
..... . sadhan gupta on behalf of the detenu das gupta advanced the argument that the governor had really usurped the power of the provincial legislature and infringed section 88, constitution act. section 88 is in the following terms:(1) ii at any time when the legislature of a province is not in session the governor is satisfied that ..... necessary. that feeing so, this court cannot go into the question whether circumstances did or did not exist which entitled the governor to act under sub-section (l) of section 88, government of india act.52. it was then argued that in any event the ordinance was not made in good faith. but if this court cannot question ..... federal legislative list, namely, posts and telegraphs, item 7, aerodromes, item 24, arms and ammunitions, item 29, explosive substances, item 30, and offences in respect of such items, item 42. it is true that the security act. does deal with these matters, but, in my view, it only incidentally trenches upon these items in the federal .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal285
..... , 457, 458, 469{?),460,504,505, 506 and 507; (b) any offence under the explosive substances act, 1908 (6 of 1908); (o) any offence under the arms act, 1878 (11 of 1878); (d) any offence under the police (incitement to disaffection) act, 1922 (22 of 1922); (e) any offence under section 3, penalties (enhancement) ordinance, 1942 (ordinance no. 3 of 1942); (f) any offence under ..... , 457, 458, 459, 460, 504, 505, 506 and 507; (b) any offence under the explosive substances act, 1908 (6 of 1908); (o) any offence under the arms act, 1878 (11 of 1878); (d) any offence under the police (incitement to disaffection) act, 1922 (22 of 1922); (e) any offence under section 3, penalties (enhancement) ordinance, 1942 (ordinance no. 3 of 1942); (f) any offence under .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal540
..... is a privilege to which he is not entitled, either under the mortgage deed or under the ordinary provisions of the law.2. he however relies on section 36 (1) (e), moneylenders act. the section gives the court various powers, and the one which it is suggested it should exercise in this case is the power to set aside either wholly or ..... fairy godmother jurisdiction for which the applicant contends.3. i cannot assent to a construction which makes it compulsory on the court to be the engine for a series of explosions of generosity regardless of the merits of the particular cases. i am of opinion that mr. ghose is right when he contends that before the; powers can be ..... rests. the interest has been paid with more or less regularity, and the applicant concedes that in the circumstances the provision as to interest does not offend against section 30 of the act. a preliminary decree was made on 1st march 1940 for rs. 2,17,000 with interest thereon at the stipulated rate up to the date of redemption .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1939Cal65
..... . we hold therefore that he was in possession of the pistol without any license and thus clearly committed an offence under section 19-(f), arms act. as regards the charge against him under section 5 read with section s-a and section 5-b, explosives act, we think that while, as we have already said, purnananda was certainly in possession of these, shyam benode who, we find ..... , war against the king. they hold that the circumstances under which purnananda. had been found in possession of these things-were such as to warrant a conviction under section 5-a, explosive substances act. we mention purnananda or rather we single him out as for special mention, because he was one of the persons who were convicted on one of the secondary charges .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal433
..... it would in my opinion be wholly unsafe in any case to proceed solely upon the uncorroborated testimony of an accomplice. taking the two sections of the evidence act, namely section 133 and section 114 together, i think it may be safely laid down that the statute law of india did not intend to introduce a different ..... of some of the accused, as a good deal of argument was addressed to us on the question. as regards the evidence of an accomplice, section 133, evidence act, lays down that an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the ..... bhadreswar, calcutta and elsewhere for the furtherance of their objects, that they recruited members to the terrorist party, collected arms, ammunition and explosives, obtained money by committing dacoities, attempted to commit other acts of robbery, and planned to murder the district magistrate of chinsura. on 18th december 1934, sub-inspector bidhu bhusan das who was .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal99
..... adoption of such a course, the mention of names of persons as co-conspirators indiscriminately gives greater facility in the matter of leading evidence under section 10, evidence act, which would otherwise be inadmissible. it may further be mentioned that the vagueness or indefiniteness attaching to the period of time mentioned in the ..... , bengal criminal law amendment act mentions the commission of murders, dacoities and collection of arms in bengal and other places in india and burma, and ammunition in contravention of the provisions of law, and unlawful and malicious making, possessing, or having in control explosive substances for purposes of destruction of person and property ..... document was in possession of an accused person; and that the document was admissible in evidence as one falling within the scope and operation of section 10, evidence act.15. the searches at which the documents which the prosecution tried to establish were discovered, were carried on in the manner provided by law .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal561,157Ind.Cas.1070
..... such offence.29. now comes the bengal criminal law (arms and explosives) act, 1932, (bengal act 21 of 1932) which adds an offence to the indian arms act, 1878. section 3, bengal criminal law (arms and explosives) act 1932 says:after section 19, arms act, 1878, the following section shall be inserted, namely 19-a. notwithstanding anything contained in section 19, whoever commits an offence under clause (c) or clause (e ..... evidence on which the commissioner could come to the conclusion, as they did, that one of the offences committed by monoranjan was one under section 3, bengal criminal law (arms and explosives) act 1932 adding section 19-a to the arms act. 1878, which makes him liable to transportation for life, the commissioners did not pass this sentence upon him. we think the offence is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal724,152Ind.Cas.924
..... appellant has been convicted and sentenced by the learned chief presidency magistrate, calcutta, exercising jurisdiction as a special magistrate under section 24,bengal act 12 of 1932, for commission of offences under section 4(b) and section 5, explosive substances act (act 6 of 1908). the offences charged in this case and in regard to which evidence was placed before the court ..... it was a statement seeking to dear himself at the expense of the appellant, and as such, the statement could not be taken into consideration under section 30, evidence act, or any other provision of the law as against the appellant.3. the statement of taraprasanna ghatak, as an explanation exculpating himself from his share of ..... our judgment, the conviction of the appellant as it stands must be set aside, based mainly as it is on the statement of a co-accused recorded under section 342, criminal p. c.4. as indicated above, we give effect to the points raised before us in support of the appeal that the, statement of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal221,147Ind.Cas.32
..... we are not called upon to offer any observations with regard to it. the result is therefore that except with regard to the convictions under section 4(b), explosive substances act, to which we have referred, the appeals of all the appellants are dismissed. in their judgment the commissioners have commended the work of the ..... convicted.3. the only objection taken before the commissioners as to the form and conduct of the trial was with reference to the charge under section 4(b), explosive substances act. the commissioners overruled this objection, and when mr. basu for the appellant dastidar was taking the point before us, the learned advocate-general for ..... the case of each appellant, and after setting aside the convictions of tarakeswar dastidar and kalpana dutt, under section 4(b), explosive substances act, we are of opinion that the convictions of all the appellants under the other sections must be maintained.38. as to, the question of sentence, the commissioners state that with regard to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal692
..... , though it is an offence to go armed with them, as provided in section 13. some confirmation of this view of the distinction to be drawn between the sections is provided by the recent bengal criminal law (arms and explosives) act (21 of 1932) in which, by sections 3 and 4, it is provided thatwhoever commits an offence under clauses (c), ..... (e) and (f), section 19, if the offence is committed in respect of a fire-arm ..... dissented from. it was held that each case of concealment of arms must be decided on its own facts, as to whether it falls under section 19 or section 20, arms act, but for section 20 to apply, there must be some special indication of an intention to conceal possession of the arms from a public servant, railway official .....
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