Court : Kolkata
Reported in : AIR1924Cal476
..... assumption could be made it would be of no avail. section 45 of the code of criminal procedure amendment act, 1923 (act xviii of 1923), no doubt came into operation on the 1st september, 1923. section 45 of the amending statute modified clause (b) of section 190 so as to authorise a magistrate to take cognizance of ..... courts will henceforth be less fettered than before. in the case before us, the offences attributed to the petitioner are those mentioned in sections 400 and 401, indian penal code. the maximum sentence under the former section is transportation for life; under the latter section, rigorous imprisonment for seven years. this court has not ..... confession.in the circumstances, i pray that the accused be remanded pending judicial verification and investigation with a view to their prosecution under sections 400 and 401, indian penal code.4. then follow the names of the persons produced; the list includes the name of the petitioner who is described as 'nagendranath chakrabarti alias .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal278,85Ind.Cas.913
..... banish should not pass any order upon the present application. with regard to this matter, i should like to say only this: that by the amendment introduced by the amending act (xii of 1923) to section 491, criminal procedure code, the rules framed by this court far dealing with an application under section 491 have now become ..... arrived and is not available for execution.24. the legislature has made ample provisions for the arrest and detention of persons under similar circumstances. under the indian extradition act (xiv of 1913) ample provision has been made by chapter iii for the surrender of fugitive criminals in cases of states other than. foreign states. ..... the issuing of endorsed warrants and provincial warrants-the provisions for issuing provincial warrants corresponding in some respect to those contained in section 10 of the indian extradition act.25. to allow a person to be arrested by the police when no extradition warrant has been issued nor any requisition made and no assistance .....
Tag this Judgment!Court : Chennai
Reported in : (1948)1MLJ24
..... be preferred or, if there is such appeal, the appealhas received disposal by the appellate authority.4. section 10-a was inserted in the act by the excess profits tax (second amendment) act, 1941. the incident of subsequent addition can have no special significance when construing its meaning and effect; it must be construed as one ..... the instance of the assessees, by the income-tax appellate tribunal pursuant to section 21 of the indian excess profits tax act, 1940, (hereinafter called ' the act') which incorporated in the act the provisions of section 61 of the indian income-tax act, 1922. two questions, of law are referred to the court, namely.(1) whether in the circumstances ..... who objects to an order passed by an appellate assistant commissioner under... section 17 may... appeal against such order to the appellate-tribunal constituted under the indian income-tax act, 1922.3. section 8 is of some length, it is unnecessary to set out all the terms and it suffices to state that it deals .....
Tag this Judgment!Court : Chennai
Reported in : (1923)44MLJ450
..... the case of appeals by persons under sentence of death (fide section 377, criminal procedure code) and as in the trials under the indian criminal law amendment act of 1908, section 11 or by rules framed by the high court under section 13.14. the case of in the matter ..... a power similar to that which they had been given in civil cases. ' now the code of criminal procedure has been amended a number of times, and the legislature has not chosen to give a power of review to any court in a criminal case ..... there appear any mistake of the clerk in making up the record, the court will direct him to amend it; and in general all slips in legal proceedings may be amended by an order of the court to be obtained in a summary way' stephen's commentaries 16th edition ..... neglect to be constituted into benches as arranged by him and choose to dispose of cases as they please they would be acting without jurisdiction. if a learned judge who has been asked to do admission work takes into his head to do sessions work .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal580,158Ind.Cas.1
..... c.s., as president. the tribunal was constituted for the trial of thirteen persons who were accused of offences falling within the first schedule to the bengal criminal law amendment act, 1925. of these accused persons we are concerned with only ten, and their numbers and names as also their convictions and sentences will appear from the following list ..... likely to cause death, elements which are contemplated by clause 4 of section 300, i.p.c. in our opinion, therefore the act did not amount to murder' within the meaning of the indian penal code. the result is that the conviction which the learned commissioners have recorded under sections 395 and 396, i.p. c, ..... on which the accused persons have also been convicted.patterson, j.32. i agree.guha, j.33. in this reference under section 3(2), bengal criminal law amendment (supplementary) act, 1925, read with section 374, criminal p.c, and in the four appeals by ten accused persons, who have been convicted and sentenced by the commissioners of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal60
..... facts stated therein without the public analyst being called as a witness, option, however, being given to the defendant to call him as a witness. section 14 of the act as amended by section 13 of 62 & 63 vict., ch. 51 is as follows:the person purchasing any article with the intention of submitting the same to analysis shall, after ..... be preserved by him for future comparison and to give an opportunity of having it analysed at his instance. section 11 of the indian act and section 14 of the english act of 1875 and section 18 of the english act of 1928, however, use the words 'shall forthwith notify to the seller or his agent selling the article his intention to ..... (18 & 19 geo. v, ch. 31). the former act is the prototype of the indian act. it is unnecessary to examine both the said english acts in detail. sections 14 and 21 of the former act correspond to sections 18 and 28 (2) of the latter act. we propose to examine the act of 1875 and to examine the decisions passed thereon which have a .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal39
..... payable and actually paid,' and it is also pointed out that the correctness of the decision of greaves, j., cannot be questioned because it led to the amendment of the act. we do not see the force of these contentions because the evidence is that the income-tax people examined the books and assessed the tax and the defendant ..... on their behalf, respectively, on 24th and 26th august 1926. thereafter the learned judge settled the issues on 26th august 1926. some of these issues underwent some amendment later on at the instance of the parties; and thereafter the enquiry was held and completed.58. the learned judge has recorded his conclusions in 18 paragraphs at ..... a lamentably protracted litigation.' the rule of court in england, in this matter, is not the same as the statute law in this country (vide sections 351 to 354, indian succession act). peruvian guano co. v. dreyfus brothers & co. (1892) ac 166 is a very different case. the question was one of damages for detention of some cargoes, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1939Cal210
..... alleges that the defendant verbally, (i use the words set out in para. 2 of the amended plaint),simultaneously agreed and undertook that the said boiler would not come under but would be exempt from the operation of the indian boilers act and the rules and regulations of the government of bengal in connexion therewith and that in case it ..... having the same registered in accordance with the indian boilers act and for securing permission or certificate authorising the use of the said boiler so that the plaintiff might use the same for the purpose required by him.6. the defendant's case amounts to ..... turned out thereafter that the said boiler would come under the operation of the indian boilers act and the rules and regulations of the government of bengal in connexion therewith, then he would do all that would be necessary for .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal154
..... in whole or in part, the share of a mortgagor.22. the effect of the word 'only' introduced into this paragraph by the amending act of 1929 need not be considered here, as the amendment came into force after this suit was commenced. but these are not the only instances of severance that may be conceived or allowed. it ..... 10 annas share of the principal defendant (i.e. malia) in the subsoil right settled with him in respect of mauza chalbalpur and the kuthi, pits, machineries, pumps, boiler, headgear, engine, tramlines, and the equipment and houses, etc., comprised therein.4. the ten annas share of the mauza, in respect of which the claim was made as ..... kabuliyat also contained the following stipulation:further, the right i have got on the basis of this settlement, the machineries of the said kuthi, the engine and the boilers, etc., will all along remain under first charge for the said royalty and minimum royalty,2. disputes arose between misra and the proprietors of the searsole estate and .....
Tag this Judgment!Court : Kolkata
Reported in : 45Ind.Cas.113
..... the exercise of its jurisdiction as a court of appeal, reference or revision, under the indian penal code, charged with any offence, for which provision is made by act xlv of 1860, called the indian penal code, or by any act amending or extending the said act which may have been passed prior to the publication of these presents, shall be liable to ..... dealt with by the court. by thi.s, it is quite clear that, by trying contempt under the criminal jurisdiction, your lordships are only exercising jurisdiction under the indian penal code, act xlv of i860. no court can exercise jurisdiction with respect to contempt, except it is contempt by that code. cases, if they amount to infraction of that code ..... by the dread of being punished for contempt of court, appears to me to be about as wise as placing a weight on a safety valve to keep a boiler from explosion. captain fenwick has probably high ideas of the press and the duties of an editor, they may be erroneous ideas, and he may perhaps have gone .....
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