Court : Kolkata
Reported in : (1893)ILR21Cal103
..... as to the severity of the sentence, we think that there is nothing to be said. we observe, however, that the sentence for wrongful restraint under section 341, penal code, so far as it directs that in default of payment of fine the accused shall suffer one month's simple imprisonment, is excessive, ..... were committed, had compounded those offences in the presence of the district superintendent of police after his investigation had been completed, the offences being compoundable under section 345, code of criminal procedure. the learned counsel also contends that the sentences passed are inappropriate by reason of their severity.3. the district magistrate, ..... person against whom the offence has been committed has received some gratification, not necessarily of a pecuniary character, to act as an inducement for his desiring to abstain from a prosecution, and the law (section 345, code of criminal procedure) provides that if the offence be compoundable, a composition shall have the effect of .....
Tag this Judgment!Court : Kolkata
Reported in : (1895)ILR22Cal139
..... of sharing with the pound-keeper the fees to be paid for their release; and they have been ordered by the joint magistrate to pay compensation under section 22 of act i of 1871 (cattle trespass act), and in default to suffer one month's rigorous imprisonment.2. the district magistrate refers the case to us on the ground that the penalty inflicted ..... proceedings of the joint magistrate must be set aside, inasmuch as on the findings this was not a case of illegal seizure and detention of cattle under the cattle trespass act, and therefore section 22 of that act is not applicable. we agree with mr. phillips that in this case all the elements of theft are present, as that offence is defined in .....
Tag this Judgment!Court : Kolkata
Reported in : (1895)ILR22Cal286
..... had been held separately by them. upon this report of the amin, the deputy collector in charge of the butwara proceedings thought that the case came under section 112 of the partition act (bengal act viii of 1876), which enacts: 'whenever any lands are held in common between the proprietors of two or more estates, one of which is under ..... off the file,' or hold a preliminary enquiry, and issue further directions depending upon the result of such enquiry. a comparison of these two sections of the partition act goes to show that section 112 is limited to those cases where the community of interest in the land in dispute between the proprietors of the estate under partition as a ..... the estate under partition, or lands as to the title to and possession of which there is dispute or doubt. these provisions are to be found in section 116 of the act, which provides that 'if a dispute or doubt shall be found to exist as to whether any lands form part of the parent estate, the deputy collector .....
Tag this Judgment!Court : Kolkata
Reported in : (1895)ILR22Cal757
..... ), sri kisori mohan ghose of harisara.'3. the question is whether these writings are bonds within the meaning of section 3, sub-section 4, clause (b) of the stamp act, or acknowledgments of debts within the meaning of schedule 1, article 1 of the same act.4. we are very clearly of opinion that they are not bonds, but acknowledgments only, and are therefore .....
Tag this Judgment!Court : Kolkata
Reported in : (1896)ILR23Cal580
..... all or any of the property vested in him. he is, save when such a restriction is imposed, clothed with as full authority as is given by section 269 of the succession act.12. there is no such restriction imposed by the will of indra chandra singh. it was contended that the provision in the will that the estate should ..... no appeal lay against the order; it was also contended that, whether an appeal lay or not, the order was one within the jurisdiction of the court under section 90 of the act, and was, a perfectly proper order, and one which should not be interfered with in appeal. it was contended that the order was not appealable under the ..... or must be taken as having purported to be made under section 90 of the act. that section as it now stands was introduced into the probate and administration act by section 14 of act vi of 1889, in substitution for section 90, as it stood originally in the probate and administration act. act v of 1881, section 90, as it now stands, is as follows:90. (1 .....
Tag this Judgment!Court : Kolkata
Reported in : (1897)ILR24Cal77
..... existence bonds which had been given for necessary purposes and which could be enforced, and there was a decree. the family of the defendants had for many years been financing this asthan. they acted not only bond fide, but it appears to us they exercised a good deal of care in the different transactions. there is nowhere in the case for the ..... were to start an adverse title, twelve years had not elapsed when the suit was instituted.9. we also think that we must hold that article 91 of the limitation act has no application to the present case. a forcible argument was addressed to us on behalf of the respondents in order to induce us to hold that that article applied ..... . but balraj continued to hold, not adversely to the endowment, but as de facto trustee thereof. he continued as mohunt, and in his dealing with the property in 1881 he acted in that capacity. that being so, it is difficult to see how his action can in any way be treated as being adverse to the endowment. a person who wrongly .....
Tag this Judgment!Court : Kolkata
Reported in : (1898)ILR25Cal20
..... a criminal and civil jurisdiction 'along the line of railway as is the case on other lines running through independent states.' the only question therefore that remains is whether the act complained of in this case was one which can in any sense be regarded as coming within the jurisdiction 'along the line of railway.' it is not suggested that the .....
Tag this Judgment!Court : Kolkata
Reported in : (1898)ILR25Cal625
..... kept thereon when he has direct possession of the land in question, but not when he has leased the same out to another.8. that being so, the conviction under section 336 of act ii (b.c.) of 1888 must also be set aside, and the fines, if realized, refunded.9. the order imposing a daily fine is also set aside. ..... the magistrate of the district to show cause why the convictions and sentences in this case should not be set aside on the ground that as regards the offence under section 307 of act ii (b.c.) of 1888, it has not been found that the accused were occupiers of the premises in question, and that as regards the offence under ..... nothing to show that the accused are the occupiers of the premises in question, and so the conviction under section 307 of act ii (b.c.) of 1888 must be set aside.4. then as regards the conviction under section 336 of the above act, this is how the finding is stated: 'the court believes the evidence of the inspector and the peons that .....
Tag this Judgment!Court : Kolkata
Reported in : (1899)ILR26Cal750
..... why the decrees should not be executed on the applications before us.20. can they then be executed as rent decrees? section 148, clause (h) of the tenancy act enacts that 'notwithstanding anything contained in section 232 of the code of civil procedure an application for the execution of a decree for arrears obtained by a landlord shall ..... been sold, and purchased by one bibi jarao kumari saheba, the respondents were not entitled to proceed against the tenure; and fourthly, that under section 148, clause (h), of the bengal tenancy act, the application for execution of the decree on behalf of the trustees was not maintainable.5. upon these objections the subordinate judge laid down ..... of the deed may be as regards the properties affected by it. there was, i think, a perfectly good application for execution under section 232 of the civil procedure code, and the court might have acted upon it if it thought fit to do so. the judgment-debtor, it is true, objected, and said there had been no valid .....
Tag this Judgment!Court : Kolkata
Reported in : (1899)ILR26Cal653
..... most in need of remedy. a case like this, as it seems to me, should be decided according to the principle of justice, equity and good conscience (see section 37, act xii of 1887). and, having this principle in view, i am of opinion that it is but just and right that a person thus vilified should be entitled to ..... by following after an honest woman or a young boy or girl; by attempting the chastity of any one;' and, in short by numberless other acts. (see institutes of justinian by sandars, p. 509). and in section 44 of the indian penal code we find the following definition: 'the word 'injury' denotes any harm whatever illegally caused to any person, in ..... suit.13. we would, therefore, answer the question embodied in the reference by expressing the view that abusive and insulting language, not amounting to defamation, is not actionable. section 95 of the penal code indicates that harm of a trumpery nature, i.e., 'so slight that no person of ordinary sense and temper would complain of it,' is .....
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