Court : Kolkata
Reported in : 41Ind.Cas.129
..... is plain, has committed a breach of the bye law under which; his license was granted, but his offence also falls clearly within the provisions of section 66, sub-section (4) (a) of the police act., and as he is not protected by. his licanse there is no reason why those provisions should not be applied.11. the suggestion made by the ..... at the instance of the corporation.8. on the other hand it is suggested by the deputy legal remembrancer that in view of the provisions of section 66, sub-section (4) (a) of the calcutta police act, the license and the bye-law under which it was granted should be held to be invalid and ultra vires of the corporation.9. in ..... examination of that defence.4. the license which we have now examined is one granted under the 2nd of the bye-laws framed under the provisions of section 559, sub-section (18), of the calcutta municipal act and authorizes the licensee 'to make an enclosure in (a) portion of the public street measuring 40 feet into 4 feet, equal to 160 square .....
Tag this Judgment!Court : Kolkata
Reported in : 45Ind.Cas.338
..... it was but meet that indian judges should be associated with their european colleagues. the question at issue in the appeals depended on the construction of the sections of a certain act, and had nothing to do with the conditions and practices, etc., relating to indians. this, however, might be put down to ignorance on the part ..... been withdrawn from the appellate bench, which in fact bad never been constituted, is equally groundless. here i may observe that as under section 108, sub-section 2 of the government of india act, 1915, the duty devolves upon the chief justice to determine, from time to time, what judges of the court are to constitute the ..... of either article. this argument is based on three grounds, namely, first, that secondary evidence of the return alleged to have been filed under section 32 of the indian companies act was not admissible; secondly, that oven if secondary evidence were held admissible, evidence was requisite to prove that the original had been filed by golap .....
Tag this Judgment!Court : Kolkata
Reported in : 42Ind.Cas.305
..... question are one person' for the purposes and within the meaning of the 83rd and 85th bye-laws.19. this contention appears to be based on the bengal general clauses act, section 3, clause 66 fed 2140: 30 u. s. app. 90: 13 c. c. a. which says that unless there is anything repugnant in the subject or context, ' person '' shall ..... punish the person, you must punish the association or the company as an unit and not each of its members individually.37. refers to section 559, clause 52, of the municipal act and section 628, the bengal general clauses act, the municipal bye-laws nos. 83, 84 and 85 and reads the judgment of mr. justice chitty.38. the judgment of mr. ..... continued later than 1 a.m. unless with the particular permission of the chairman for any particular occasion.' the penalty clause of these bye-laws made under section 561 of the same act is to the following effect:---'every person guilty of a breach of any of these bye-laws shall be punishable (a) with fine which may extend to .....
Tag this Judgment!Court : Kolkata
Reported in : 44Ind.Cas.770
..... is the owner entitled to any statutory compensation.56. chapters v and vi of the act relate to taxation and finance. in addition to the duty on transfer of property, terminal tax on passengers and customs duty on jute there is provision for municipal contributions and section 89 gives the board the power to borrow any sum necessary for the purpose of meeting ..... . the remaining chapters have little relevancy. their headings are chapter v taxation,;; chapter vi 'finance' chapter vii rules' and chapter viii supplemental provisions.' there is also a schedule which, in conjunction with section 71, modifies in some particulars the land acquisition act, 1894. land is compulsorily acquired under the provisions of the latter act as modified.83. chapter iii, which includes the disputed clause .....
Tag this Judgment!Court : Kolkata
Reported in : 44Ind.Cas.416
..... by the parties as a suit to establish an easement over the land in the nature of a right of way acquired by prescription under the provisions of section 26 of the indian limitation act or in the nature of a. right of way of necessity. in the trial court the plaintiff failed and the suit was dismissed. when the case came ..... the plaint be read as a whole with reference to the statement of facts to be found there, it is quite clear that the plaintiff based her case either on section 25 or on necessity and on no other ground. the subordinate judge refers to paragraph 7 of the plaint, which asserts generally that the plaintiff has acquired an indefeasible right ..... the preceding paragraphs of the plaint. it is quite clear, as i have said, from the preceding paragraphs that the plaintiff's claim is founded either on prescription under the act or on necessity. the learned judge further refers to issue no. 5 as that issue was framed by the munsif. the issue runs as follows : has the plaintiff a .....
Tag this Judgment!Court : Kolkata
Reported in : (1919)ILR46Cal411
..... inconsistent with those which they were alleged to have made to the excise officer, the statements in question should not be admitted under section 30 of the evidence act. the language of section 30 which is material to this point is--'the court may take into consideration such confession as against such other person as well as ..... inasmuch as they were made to people who were in reality police officers, although not called police officers: and, that consequently, under the provisions of section 25 of the evidence act, these statements ought not to have been admitted. in my judgment that is not a good point. i do not think it is possible that the ..... observations about the method of procedure followed in this case.20. it seems obvious to us that there have been irregularities in the procedure in this case. section 342 of the criminal procedure code provides as follows:--'for the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the court may, .....
Tag this Judgment!Court : Kolkata
Reported in : 48Ind.Cas.504
..... were quite inconsistent with those which they were alleged to have made to the excise officer, the statements in question should not be admitted under section 30 of the evidence act. the language of section 30 which is material to this point is--'the court may take into consideration such confession as against such other person as well as against the ..... in evidence, inasmuch as they were made to people who were in reality police officers, although not called police officers: and that consequently under the provisions of section 25 of the evidence act, these statements ought not to have been admitted. in my judgment that is not a good point. i do not think it is possible that the ..... lancelot sanderson, c.j.1. this is an appeal by ah foong chinaman, who was charged along with two others with an alleged offence under section 9, clauses (c) and (d) of the opium act of 1878. the appellant was called the third accused in the trial court.2. the facts of this case may be shortly stated as follows: .....
Tag this Judgment!Court : Kolkata
Reported in : 46Ind.Cas.593
..... must, therefore, be a retrial.14. it has been suggested by the defence that if i do not acquit the accused, i should not direct a retrial, but act under section 428. even if this section were in law applicable to the case, i should not in fact apply it. the proper order in this case is a retrial. i, therefore, set aside .....
Tag this Judgment!Court : Kolkata
Reported in : (1919)ILR46Cal432
..... referred to santok chand), and the accused had extracted the labels there from and attached them to bales of inferior quality the complainant charged both the accused, under section 406 of the indian penal code, with having committed criminal breach of trust in respect of 584 bales of jute, and applied for process and a search warrant. ..... where he held that it was not necessary to obtain the sanction of this court for the prosecution of a receiver appointed by it in respect of any criminal act committed during his tenure of such office. that case is clearly distinguishable. the offence there complained of, i.e., defamation, though said to be contained in a ..... is concerned) the sole representative in calcutta of the firm of koramal santok chand. the second accused anup chand is the munib gomasta of that firm. the firm acted as araldars for another marwari firm, meghraj sugan chand, in which the complainant sugan chand munawat is a partner. meghraj sugan chand owed money to koramal santok chand, .....
Tag this Judgment!Court : Kolkata
Reported in : 46Ind.Cas.836
..... it referred to santok chand) and the accused had extracted the labels thereupon and attached them to bales of inferior quality. the complainant charged both the accused under section 406, indian penal code, with having committed criminal breach of trust in respect of 584 bales of jute, and applied for process and a search warrant. the ..... where he held that it was not necessary to obtain the sanction of this court for the prosecution of a receiver appointed by it in respect of any criminal act committed during his tenure of such office. that case is clearly distinguishable. the offence there complained of, i.e., defamation, though said to be contained in a ..... is concerned) the sole representative in calcutta of the firm of koramal-santok chand. the 2nd accused anup chand is the munim gomastha of that firm. the firm acted as aratdars for another marwari firm meghraj sugan chand, in which the complainant sugan chand munawat is a partner. meghraj sugan chand owed money to koramal-santok chand, .....
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