Court : Kolkata
Decided on : Feb-01-1910
Reported in : (1910)ILR37Cal340
Stephen, J.1. In this case a Rule has been granted calling on the District Magistrate to show cause why a conviction of the petitioners of an offence of rioting under Section 147 of the Indian Penal Code should not be set aside on two of the grounds mentioned in the petition. The first of these is that the frying Magistrate held a local enquiry and was influenced by certain things ho saw there, and imported his knowledge of what he had seen into his judgment in disposing of the case; the second, that the common object stated in the charge was different from that found by both the lower Courts.2. The second objection may be very shortly dealt with. The common object charged was by means of criminal force to obtain possession of the killkhana lands belonging to one Ghisa Mia. The lands so referred to comprised a fifteen-cottah plot and a five-cottah plot; the offence was found to have been committed to obtain possession of the five-cottah plot only. As the five-cottah plot was included i...
Tag this Judgment!Court : Kolkata
Decided on : Mar-07-1910
Reported in : (1910)ILR37Cal412
Stephen and Carnduff, JJ.1. A rule has been granted in this case on the District Magistrate of the 24-Parganas to show cause why bail should not be granted on the ground that no order has been made applying the Indian Criminal Law Amendment Act, 1908, to the case; and on the further ground that there does not appear to be any sufficient cause for further inquiry into the guilt of the accused.2. The facts relating to this matter are as follows. A dacoity, commonly referred to as the Nettra dacoity, took place on the 24th April 1909. On the 20th January 1910, the Local Government made an order under Section 2 of the Criminal Law Amendment Act, 1908, purporting to apply the provisions of Part I of that Act to the offence. On the 24th January 1910 the petitioner was arrested on suspicion of being concerned in it, and so having committed offences under Sections 395 (dacoity) and 397 (dacoity with attempt to cause death or grievous hurt) of the Indian Penal Code. On the 28th January he appli...
Tag this Judgment!Court : Kolkata
Decided on : Mar-07-1910
Reported in : 6Ind.Cas.8
1. A rule has been granted in this case on the District Magistrate of the 24-Perganahs, to show cause why bail, should not be granted on the ground that no order has been made applying the Indian Criminal Law Amendment Act, 1908, to the case; and on the further ground that there does not appear to be any sufficient cause for further enquiry into the guilt of the accused.2. The facts relating to this matter are as follows. A dacoity, commonly referred to as the Nettra dacoity, took place on the 24th April 1909. On the 20th January 1910, the Local Government made an order under Section 2 of the Criminal Law Amendment Act, 1908, purporting to apply the provision of Part I of that Act to the offence. On the 24th January 1910, the petitioner was arrested on suspicion of being concerned in it and so having committed offences under Section 395 (dacoity) and 397 (dacoity with attempt to cause death or grievous hurt) of the Indian Penal Code. On the 28th January, he applied to the District Magi...
Tag this Judgment!Court : Kolkata
Decided on : Jun-28-1910
Reported in : 7Ind.Cas.102
1. The substantial question of law, which we are invited to decide in this appeal, relates to the true effect of Section 109 comprised in Chapter X of the Bengal Tenancy Act of 1885 as amended by Act III of 1898 B.C. and as it stood before the charges made by the Eastern Bengal and Assam Tenancy Amendment Act of 1908 came into force. The Court of appeal below, in reversal of the decision of the Court of first instance, has held that the effect of Section 109 is to bar all suits in Civil Court for declaration that entries made in a record-of-rights finally published under Section 103A, are erroneous, when such publication has been followed by an application by the landlord under Section 105 for settlement of fair and equitable rent in respect of the land entered in the record as held by the tenants. The circumstances under which this question arises for decision are not disputed, and are indeed all matters of record. The record-of-rights was finally published on the 13th December 1904; ...
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