Court : Kolkata
Reported in : (1910)ILR37Cal467
..... (w. 17), he explained that 'it was a kind of powder made by himself, and that he had been preparing it as an experiment to see whether it acted as an explosive or not.' as regards the two note-books, mr. kemp says that biren made a statement, but what the statement was, it would seem from the sessions judge' ..... and to appreciate what was actually determined, regard must be had to the terms of the first of these sections, which differs materially from section 196. section 197 makes the power of cognizance dependent on sanction, and the defect in queen-empress v. morton (1884) i.l.r. 9 bom. 288 was that there was no sanction for the magisterial enquiry, so that ..... has again relied here, is absolutely valueless.38. finally, it is contended that any defect in the commitment was cured by section 532 of the criminal procedure code, and as authority for this, reference has been made to queen-empress v. morton (1884) i.l.r. 9 bom. 288, queen-empress v. bal gangadhar tilak (1897) i.l.r. 22 bom. 112. .....
Tag this Judgment!Court : Kolkata
Reported in : 7Ind.Cas.359
..... -din (w. 17), he explained that 'it was a kind of powder made by himself, and that he had been preparing it as an experiment to see whether it acted as an explosive or not.' as regards the two note-books, mr. kemp says that biren made a statement, but what the statement was, it would seem from the sessions judge's ..... banerjee, indu bhushan roy, bibhuti bhusan sircar, hrishikesh kanjilal, sudhir kumar sircar, hem chandra has, pares chandra maulik, sisir kumar ghose, nirapada roy and abinish chandra bhattacharjee, the convictions under section 121a of the indian penal code, should, in my opinion, be confirmed.83. the question of punishment is one of considerable difficulty: those who have been convicted are not ordinary ..... proved. and this leads me to notice an argument advanced on behalf of the defence that all charged as conspirators must be convicted or all acquitted. the queen v. manning (1884) 12 q.b.d. 241 : 53 l.j.q.b. 466 : 53 l.j. rep. m.c. 85 : 51 l.t. 121 : 32 w.r. 720 : 48 j.p. 536 .....
Tag this Judgment!Court : Kolkata
Reported in : 2Ind.Cas.681
..... have been committed after that date. surendra's conviction, therefore, cannot stand.69. against jogjiban, who has been convicted, under section 4(a) of the act, of conspiring to cause by an explosive substance an explosion in british india of a nature likely to endanger life, and sentenced to ten years' transportation, the only evidence relating to the ..... and it may be noted that the reason for selecting this date as the commencement of the conspiracy charged is that it was on that date that the explosive substances act, 1908, became law. all up to the 8th of june, therefore, must be regarded as the history of events leading up to the alleged conspiracy ..... court of the additional sessions judge of midnapore on charges framed under the explosive substances act, 1908, and they have each been found guilty by the learned judge who disagreed with both assessors.2. jogjiban ghose was convicted under section 4 (a), of the act and has been sentenced to ten years' transportation.3. santosh chunder das .....
Tag this Judgment!Court : Kolkata
Reported in : (1909)ILR36Cal808,2Ind.Cas.697
..... of the informations so recorded was to implicate a large number of persons in the alleged conspiracy; and on the basis thereof, proceedings were commenced under the explosive substances act against twenty-seven persons. on the 4th november 1908, rakhal was examined in the court of the joint-magistrate before whom these proceedings were pending. he ..... record of the statements actually made by rakhal chandra. the question, therefore, arises whether the statements as specified in the charge are false within the meaning of section 193 of the indian penal code. the whole of the evidence on the record has been placed before us and discussed at considerable length, and, in our ..... his trial in the court of sessions. on the 29th march, the sessions judge in agreement with the two assessors found rakhal guilty of an offence under section 193, and sentenced him as already described.3. the propriety of this conviction has been challenged substantially on five grounds, namely, first, that the sanction on .....
Tag this Judgment!Court : Kolkata
Reported in : (1909)ILR36Cal405
..... offence under the explosive substances act (vi of 1908) or to any act of violence.3. on this, enactment no question of the intention of the writer, printer or publisher arises, and no personal criminality is imputed to ..... use of a certain printing press, which, in the opinion of the magistrate, on application made by order of, or under authority of, the local government under section 3 of the act (vii of 1908), has been used or is intended to be used for the purpose of printing or publishing a newspaper containing any incitement to murder or to any ..... largely on concomitant circumstances. we must read the article as a whole, and read it, as far as possible, in the sense in which it was read by that section of the public to whom it was primarily addressed, and must also bear in mind the occasion and place of its publication and the class or status of persons, who .....
Tag this Judgment!Court : Kolkata
Reported in : 2Ind.Cas.285
..... offence under the explosive substances act (vi of 1908) or to any act of violence.3. on this enactment no question of the intention of the writer, printer or publisher arises, and no personal criminality is imputed to ..... use of a certain printing press, which, in the opinion of the magistrate, on application made by order of, or under authority of, the local government under section 3 of the act (vii of 1908), has been used or is intended to be used for the purpose of printing or publishing a newspaper containing any incitement to murder or to any ..... largely on concomitant circumstances. we must read the article as a whole, and read it, as far as possible, in the sense in which it was read by that section of the public to whom it was primarily addressed, and must also bear in mind the occasion and place of its publication and the class or status of persons, who .....
Tag this Judgment!Court : Kolkata
Reported in : (1909)ILR36Cal166
sharfuddin and coxe, jj.1. the petitioners in these cases are accused of offences under the new explosives act, 1908. the offences which they are alleged to have committed are non-bailable. they were arrested on warrants and after arrest were produced before the magistrate, who committed them ..... bail on behalf of persons accused of offences of the gravity indicated in the papers before us. nor are we prepared to admit that, in exercising our discretion under section 498 of the criminal procedure code, we should confine our attention to the question whether the prisoner is or is not likely to abscond, as other circumstances may also affect the ..... of investigation goes, bear some analogy to the present case, which appears to be based to some extent on evidence of association, the period is usually far greater. under section 167 of the criminal procedure code a magistrate, on the mere perusal of the entries in the police diaries relating to the case, to which of course the accused have no right .....
Tag this Judgment!Court : Kolkata
Reported in : 1Ind.Cas.738
1. the petitioners in these cases are accused of offences under the new explosives act, 1908. the offences which they are alleged to have committed are non-bailable. they were arrested on warrants and after arrest were produced before the magistrate, who committed them to ..... for bail on behalf of persons accused of offences of the gravity indicated in the papers before us. nor are we prepared to admit that, in exercising our discretion under section 498 of the criminal procedure code, we should confine our attention to the question whether the prisoner is or is not likely to abscond, as other circumstances may also affect the question ..... of investigation goes, bear some analogy to the present case, which appears to be based to some extent on evidence of association, the period is usually far greater. under section 167 of the criminal procedure code a magistrate, on the mere perusal of the entries in the police diaries relating to the case, to which of course the accused have no right .....
Tag this Judgment!Court : Kolkata
Reported in : 3Ind.Cas.625
..... this point. the syce sangat dosadh proves the throwing of the bomb but speaks of one man only who was dressed in white. he was injured by the explosion and thrown senseless from the carriage. the constables, tehsildar khan and faizuddin, prove that they saw the appellant and his companion loitering on the road-outside the club ..... also threw something which too exploded and struck him in the back. this witness and another, mr.. wilson, who was offered for cross-examination alone speak of two explosions. the coachman repeated his second story in court and distinctly said that he identified the appellant as the man who threw the bomb, and the sessions judge has believed ..... examination is to enable to the accused to explain the circumstances appearing in the evidence against him, and that the first paragraph in the section was expressly added by the legislature in act x of 1882 to limit the power of interrogating the accused to the object. in the present case the accused had admitted his guilt .....
Tag this Judgment!Court : Kolkata
Reported in : (1899)ILR26Cal465
..... evidence on behalf of the plaintiff with the consent of the defendants' counsel. they would probably be evidence as to the actual facts stated in them under section 35 of the evidence act. it was contended that as in some of these letters phrases like 'surreptitiously carried' or 'clandestinely carried' occurred, they ought to be taken as ..... carried in a compartment where they allowed smoking54. section 47 of the indian railways act, 1890, empowers the company to make rules, ..... of persons using their lines--story on bailments, 8th edition, section 601. there is both a common law and a statutory duty east on them. their duty as to explosives would be incumbent on them apart from any statute; and how can it be said that they acted consistently with their duty when they allowed gunpowder to be .....
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