Court : Kolkata
Reported in : (1919)ILR46Cal515
..... that the noise of it amounted to a public nuisance, and he fined the manager and the three proprietors rs. 50 each under section 290 of the penal code.'2. the learned sessions judge was of opinion that the conviction of the proprietors was bad in law, ..... by night. the district magistrate, thereupon, prohibited, the working of the mill by night and summoned the proprietors and the manager under section 290 of the penal code. at the trial ten persons living close to the mill, said that they were annoyed by the mill in ..... of the proprietors of the mill should be set aside. the general rule is that a principal is not criminally answerable for the acts of his agent. in the present case the proprietors of the mill were not living on the premises; two of the three ..... of the penal code. that section, so far as it is necessary to quote it, lays down that 'a person is guilty of a public nuisance who does any act, or is guilty of an illegal omission which causes any common injury, danger, or annoyance to .....
Tag this Judgment!Court : Kolkata
Reported in : 54Ind.Cas.862
..... , established and also that the lands in dispute are included within that estate. the plaintiff gave notice of annulment of encumbrances except those which are protected under section 37 of act xi of 1859.13. both the plots of land in dispute were held by the haldars under the proprietors of the estate, and the interests of the haldars ..... second plot. the defendant who purchased the lands from the auction-purchaser katayani debi cannot under the circumstances claim any protection under clauses 1 to 4 of section 37 of act xi of 1859.' for the purposes of the present appeal it is unnecessary to consider the finding of the court below on the question whether there were ..... and claims under colour of title or is a mere stranger, are not of the same importance. see kerr on injunction, 5th edition, page 102. section 25, sub-section 8 of the judicature act, 1873, lays down:--if an injunotion is asked either before or at or after the hearing of any cause or matter to prevent any threatened or .....
Tag this Judgment!Court : Kolkata
Reported in : (1919)ILR46Cal1001
..... and claims under colour of title or is a mere stranger are not of the same importance: see kerr on injunctions, 5th edition, page 102. section 25, sub-section (8) of the judicature act, 1873, lays down:--'...if an injunction is asked either before or at or after the hearing of any cause or matter to prevent, any threatened ..... second plot. the defendant who purchased the lands from the auction-purchaser, katyayani debi, cannot under the circumstances claim any protection under clauses 1 to 4 of section 37 of act xi of 1859.' for the purposes of the present appeal, it is unnecessary to consider the finding of the court below on the question whether there were ..... established, and also that the lands in dispute are included within that estate. the plaintiff gave notice of annulment of encumbrances except those which are protected under section 37 of act xi of 1859.13. both the plots of land in dispute were held by the haldars under the proprietors of the estate, and the interest of the .....
Tag this Judgment!Court : Kolkata
Reported in : (1919)ILR46Cal820
..... sent to him and that it contained opium, the possession of the railway receipt constituted possession of the opium within the meaning of section 9 of the opium act. that case was followed, though reluctantly, in ashruf all v. emperor (1909) i.l.r. 36 cale. 1016, ..... the circumstances proved in this case, the petitioner could be said to be in possession of opium within the meaning of section 9, clause (c) of the opium act. in my opinion, however, the petitioner was clearly guilty of importing opium under clause (e), and might have been ..... are distinguishable.3. it is suggested here that because two days before the railway receipt came into the petitioner's hand, the police, acting on information received, had told the railway parcel clerk not to part with the parcel and had tied a piece of red tape round ..... richardson, j.1. the petitioner, fong kun, has been convicted under section 9 of the opium act (i of 1875) of being in possession of contraband opium and sentenced to rigorous imprisonment for .....
Tag this Judgment!Court : Kolkata
Reported in : 52Ind.Cas.389
..... been sent to him and that it contained opium, the possession of the railway receipt constituted possession of the opium within the meaning of section 9 of the opium act. that case was followed, though reluctantly, in ashruf ali v. emperor 4 ind. cas. 699 : 36 c. 1016 : 14 ..... the circumstances proved in this case the petitioner could be said to be in possession of opium within the meaning of section 9, clause (c), of the opium act. in my opinion, however, the petitioner was clearly guilty of importing opium under clause (e) and might have been ..... are distinguishable.3. it is suggested here that because two days before the railway receipt came into the petitioner's hands, the police, acting on information received, had told the railway parcel clerk not to part with the parcel and had tied a piece of red tape ..... richardson, j.1. the petitioner, fong khun, has been convicted under section 9 of the opium act (i of 1878) of being in possession of contraband opium and sentenced to rigorous imprisonment .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1919Cal823,53Ind.Cas.576
..... the respondents that no appeal lies must prevail. 2. the appeal is valued at bs. 7-11 annas and no question has bean decided whish under session 153, bengal fenancy act, makes a second appeal lie in this court. it is contended that on the question regarding title to land in dispute, conflicting claims have been decided. the learned subordinate judge ..... its judgment comes to a finding on a point which is not in issue in the suit, such a finding cannot have any effect.3. i, therefore, hold that under section 153 of the bengal tenancy act no appeal lies, and i accordingly dismiss the appeal with costs. .....
Tag this Judgment!Court : Kolkata
Reported in : 53Ind.Cas.747
..... may lead to consequences of this character. we hold accordingly that assuming a suit for account is maintainable against a common manager appointed under section 95 of the bengal tenancy act, such suit cannot be maintained without leave obtained from the court which appointed the common manager. this conclusion is in conformity with the opinion ..... without the leave of the court, and amongst such eases have been mentioned those of a receiver appointed under section 18 of the provincial insolvency act and an administrator pendente lite appointed under section 34 of the probate act. there is, however, no real analogy between a common manager and persons in the position named. an ..... upon the view we take of the position of a common manager appointed under the bengal tenancy act.2. the provisions for the appointment of common managers are contained in sections 93--109 of the bengal tenancy act. section 93 invests the district judge with authority to call upon co owners to show cause why they .....
Tag this Judgment!Court : Kolkata
Reported in : 56Ind.Cas.851
..... s case that a notice was issued on him on the 16th july 1919 to show cause on the 25th why he was not to be prosecuted under section 15 (a) of the petroleum act (act viii of 1899) ' for transporting without license about 400 tins of kerosine oil in his boat from the hazigunge railway station to the bazar.' he ..... summarily tried for having kept more than 300 tins of kerosine oil, each in his own boat, without a license or pass, which is an offense punishable under section 15 (a) of act viii of 1899. the record shows that they pleaded guilty and filed written statements- the trying magistrate examined one hemanta kumar mukherjee, station master, on the point ..... accused was separately tried on a charge of keeping more than 300 tins of kerosine oil in his boat without a license or pass, an offence punishable under section 15(a) of act viii of 1899. each accused pleaded guilty and filed a written statement. the magistrate after recording the plea of guilty adjourned the cases. at the nest hearing .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1919Cal862,56Ind.Cas.586
..... that the ghee is not genuine. in england a committee was appointed to enquire and report as to what regulations might with advantage be made under section 4 of the sale of food and drugs act, 1899, for determining what deficiency, if any, of the normal constituents of butter or what addition of extraneous matter other than water should raise a ..... accused the benefit of his doubt.2. the accused are sellers of ghee, not manufacturers, and the charge is that they sold or stored adulterated ghee. adulteration is defined in section 2 of bengal act i of 1917. the definition is fairly comprehensive and the present case is said to be covered by sub-clause (2) of ..... section 2, as some foreign fat is said to have been substituted in part for genuine ghee. the act provides 'that a report signed by an analyst certified by the chairman to be employed by the corporation for the purpose of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal449,68Ind.Cas.491
..... right, the defendants succeed on their first contention and it becomes unnecessary for as to consider whether the defendant's under tenures are within any of the exceptions to section 12 of the act of 868, a question with which the court below seems to have dealt somewhat cursorily. it may be added that according to the sale notice issued on 14th ..... day on which the rent is annually payable, if not paid on or before that date the rent is in arrear on the that day of the following month (act xi of 1859, section 2). under the board's notification of 187 i, the tenure-holder may save his tenure by paying the arrear on or before the 28th june next following ..... of rs, 6105 and the page paid by the plaintiff was rs. 8,900.3. the suit were brought to vacate the under-tenures of the defendants under section 12 of the act of 1838 as incubuses imposed upon the tenure after its creation or after the time of settlement. the defendants contend in the first place that the sale was invalid .....
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