Judgment Search Results Home > Cases Phrase: indian post office act 1898 chapter vii undelivered postal articles Sorted by: old Page 1 of about 149 results (0.207 seconds)

PulIn Behary Das and ors. Vs. Emperor

Court : Kolkata

Reported in : 16Ind.Cas.257

..... formed part of the village notes which were one of the official documents of the dacca samity and a 'leaflet' referring to the establishment of central samities.65. it is contended for the crown that the articles discovered in this boat leave no reasonable doubt that this was one, at any rate, of the boats which were used by the dacoits, and that the presence of the samity papers in her, ..... the materials which the magistrate had before him consisted of a sanction authorising one baba mon mohan chakravarty to prefer a complaint against 47 persons for offencas under sections 121a, 122 and 123 of the indian penal code, and a petition of complaint signed by mon mohan chakravarty, who said that he had reason to believe that the 47 persons have, amongst themselves, and together with other persons known ..... . but, under section 10 of the indian evidence act, this statement of sukumar to the officer inquiring into the kidnapping case of ..... . the letter of advice was posted in calcutta some hours after the delivery of the parcel to the postal authorities, and this is consistent with the story that the parcel had reached ..... the first section of the latter chapter, namely, section 204 provides that if in the opinion of the magistrate taking cognizance of an offence, there is sufficient ground ..... next comes chapter xvi, prescribing what the magistrate is to do on taking cognizance and what he is to do before he is entitled to dismiss the complaint; and then follows chapter xvii dealing .....

Emperor Vs. Barendra Kumar Ghose

Court : Kolkata

Reported in : 81Ind.Cas.353

..... , indian penal code, it is further contended that the learned judge impliedly told, the jury that if three or four persons came into the post office with a common intention to rob the, post master, and if necessary to kill him, and death resulted from their act, the man who stood outside the ppst office room, and in the courtyard would be equally guilty with the men who were inside the post office room, and that in ..... if death resulted, each of them is liable, whichever of the three fired the fatal shot.if you ebiiie to the conclusion that these three of four persons came into the post office with thai intention, to rob and; if necessary, to kill; ahd death resulted from their act, if that be so, you are bound to, find a verdict of guilty.i say if you doubt that it was the pistol of the accused which fifed the fatal shot, ..... charles phillips, who defended the accused, will be found discussed by samuel warren in his introduction to law study, volume i, 1863, pages 389-396, by serjeant ballantine in his experiences, volume i, 1882, chapter vii, by serjeant. ..... this is the english law according to stephen's digest, article 30, and we are, of course, familiar with the principle ..... we reminded the learned judge of avhat he had done in the postal fraud case, wheref upon he said that although he had adopted a course like that in the previous case, he could not do so in a case like the present one, that it was a ghastly affair, and that whilst ..... in a previous case (postal fraud case) called mr. .....

The King Emperor Vs. Barendra Kumar Ghose

Court : Kolkata

Reported in : AIR1924Cal257

..... resulted, each of them is liable whichever of the three fired the fatal shot.if you come to the conclusion that these three or four persons came into the post office with that intention to rob and if necessary to kill and death resulted from their act, if that be so, you are bound to find a verdict of guilty.i say if you doubt that it was the pistol of the accused which fired the ..... this general explanatory clause, take in all who actually cause or assist in causing the affect which constitutes the offence, with out distinction of leaders or followers,principals or subordinate agents...the indian law commissioners go on to refer to the corresponding articles, under the heading 'criminal agency and participation' of the digest of the english law prepared at a time when thoughts were entertained of codifying that law, a project afterwards ..... has to be remembered that the person; so described is in english law a principal.an accessory before the fact is under the code an abettor and is dealt with in the chapter on abetment.the accessory after the fact has no present interest ..... we reminded the learned judge of what he had done in the postal fraud case, whereupon he said that although he had adopted a course like that in the previous case he could not do so in a case like the present one, that it was a ghastly affair, ..... [ ..... that the learned judge omitted to draw the attention of the jury to thedefence of the accused, save and except amere reference to the statement made bythe accused.vii. .....

Myers Vs. United States

Court : US Supreme Court

..... . 189, 211, examination required of clerks in the departments of treasury, war, navy, interior, and post office; act of june 20, 1864, c ..... " those for the organization of oregon (1848), washington (1853), kansas (1854), nebraska (1854), idaho (1863), montana (1864), alaska (1884), indian territory (1889), and oklahoma (1890), provided for judges "to serve for four years, and until their successors shall be appointed and qualified. ..... it was held that the words "except judges of the courts of the united states" applied to judges appointed under article iii, and did not apply to territorial judges, and that the president, under 1768, had power to suspend a territorial judge during a recess of the senate, and no recovery could be had for salary during that ..... always it has been the duty of the president to take care that the postal laws "be faithfully executed," but there did not spring from this any illimitable power to remove postmasters. ..... by chapters forty-five and forty-six, justices of the peace, on conviction of the offences enumerated, are removable from office, but these necessarily do not page 272 u. s. ..... . 245, commissioners to the international industrial exposition in paris; act of june 18, 1898, c ..... vii, p. ..... vii the written argument for the united states by the former solicitor general avers that it is based on this premise: "the president's supervision of the executive branch of the government, through the necessary power of removal, has .....

Abdul Majid Haji Mahomed Vs. P.R. Nayak

Court : Mumbai

Reported in : AIR1951Bom440; (1951)53BOMLR621; ILR1952Bom378

..... . the order which the custodian passed on 28th march 1950, itself states that all the notices issued against the shareholders were returned undelivered by the postal authorities with the endorsement 'left without particulars and not ..... correct any order made by any executive officer, which power emanates from article 226, cannot be assailed or challenged by any legislation, and therefore to the extent that the petitioner seeks to correct the orders of the custodian by a writ of certiorari, the power of the high court which now arises under article 226 must be exercised if the petitioner is entitled to the writ notwithstanding any provision in the ordinance or in the subsequent act which seeks to oust the jurisdiction ..... chapter vii deals with miscellaneous matters, and section 43 bars the jurisdiction of civil courts in certain matters, and by sub-clause (c) no court shall have jurisdiction to question the legality of any action taken by the custodian general or ..... post. in this case all these notices were served by registered post and the contention of the custodian is that in sending these notices by registered post he was adopting one of the modes laid down in rule 25 and therefore there was proper service upon the first petitioner and the ..... therefore, the effect of this provision is that if the indian government takes possession of any property declared by law to be evacuee property, then the conditions laid down in article 31(a) for the valid taking of such possession would not .....

State Vs. Jugal Kishore Nanda

Court : Orissa

Reported in : AIR1957Ori268; 23(1957)CLT410; 1957CriLJ1431

..... by the court in which the original was filed in some case bus is a copy prepared by a postal clerk under the instructions of the postal inspector.in view of the finding of the learned assistant sessions judge that the money order issue journals and the several' copies of the same either retained in the post office or sent to the auditoffice do not show the alterations to be in the handwriting of the respondent and ..... the prosecution with regard to this aspect was that the misappropriation was made by altering and falsifying the concerned money order receipt of behara branch post office dated 5-5-52 and the concerned money order receipts of kesing a branch post office dated 22-5-52, the money order issue journals and the hand to hand receipt book.the prosecution attempted to prove that the entries in these respective ..... articles delivered, to make over the first copy or the audit office copy as also the second copy to the post master, the former for purpose of forwarding to the head office, and to retain the third copy as the office copy which under the rules is kept in the custody of the money order issue clerk.the audit office copies are sent once a fortnight while the second or the head office ..... who converted the proceeding to one of enquiry under chapter xviii of the criminal procedure code and commited the case ..... indian ..... the offence there rendered penal; and the criminal intention to make a false document serve the purpose of a true one, would be clear by such act a forgery. .....

Kori and anr. Vs. the State

Court : Kolkata

Reported in : AIR1960Cal509,1960CriLJ1075

..... he carried with him some postal articles, including certain undelivered registered letters, money orders forms and ..... to the thana to report about the occurrence and that dhanu bauri's evidence, wrested from him in cross-examination, that the deceased's brother golak hadarrived half an hour before the arrival of the police officer who recorded the dying declaration of aswini, left no room for doubt that the two brothers must have talked about the incident before the dying declaration was recorded. 9. ..... 1956, aswini left home on a bicycle to report himself for duty at the sub-post office. ..... material time he was employed as a postman attached to neturia sub-post office. ..... , he said that the investigating officer had arrived before golak. ..... but the indian law departs from the english practice which admits such statement only, if it is made in expectation of ..... was at my home dhanu bauri, chaukidar of madandih, came and said, 'a man has been severely assaulted near about the 10 mile post and he is also naming the assailants.'5. ..... the investigating officer was not in a position to deny ..... section 32 of the evidence act provides that statements written or verbal made by a person who is dead are relevant in cases in which the cause of that person's death comes into question when the statement relates to the cause of his death or as to ..... when questioned further in cross-examination, the witness stated that golak had come to the place about half an hour before the arrival of the investigating officer. .....

Vijai Pal and anr. Vs. State

Court : Allahabad

Reported in : AIR1959All559; 1959CriLJ1040

..... in that case chandrika had filed a criminal appeal through a counsel in which 5-7-1948 was fixed for hearing but by a mistake of the high court office the case was listed for hearing earlier and was heard and disposed of on 25-6-1948, ten days before the date fixed for hearing, with the result that ..... appeals, because their names were notprinted in the cause list.i dismissed the jail appeal with this modification that i ordered that that the sentence passed under the arms act would also run concurrently and not consecutively with the sentences awarded under sections 399 and 402, i. p. c. ..... arise inasmuch as the judgment dated 19-7-1957 can be said to ba due to the mistake of the office only so far as it related to the four appellants before me and not with regard to the ..... but direct that the sentence of two years imprisonment awarded to chandan under section 19(f) of the arms act shall also run concurrently along with the sentence imposed on him under sections 399 and 402, i. p ..... , of all the appellants have been ordered to run concurrently, the sentence under section 19(f) of the arms act imposed on chandan has been ordered to run consecutively.along with these four persons chiranji son of megh singh, chiranfi son of maharam, khushali, mahabir, balbir and ram gopal were ..... megh singh, one unlicensed pistol and six cartridges from the possession of chandan (appellant) and one unlicensed pistol and four cartridges from, the possession of chiranji son of maharam.certain other articles e.g. .....

Thomas Dana Vs. the State of Punjab

Court : Supreme Court of India

Reported in : AIR1959SC375; 1959CriLJ392; 1983LC1678D(SC); 1959Supp(1)SCC274; [1959]Supp1SCR274

..... that case lays down that persons who steal postage stamps and postal funds from a post office of the united states, after having committed burglary, and thus, having effected their entry into the premises, committed two distinct offences which may be ..... "if any person knowingly, and with intent to defraud the government of any duty payable thereon, or to evade any prohibition or restriction for the time being in force under or by virtue of this act with respect thereto acquires possession of, or is in any way concerned in carrying, removing, depositing, harboring, keeping or concealing or in any manner dealing with any goods which have been unlawfully removed from ..... dismissed those writ petitions, holding that the charge against the petitioners included an offence under s.120b of the indian penal code, which certainly was not one of the heads of charge against them before the collector of ..... hold that the prosecution before the customs authority for an offence created by the act is prosecution within the meaning of article 20, even though the customs authority is not a judicial tribunal. ..... provisions of chapter xvii of the act, headed " ..... these words have been used in that chapter in their generic sense and not ..... detail the provisions of the sea customs act, with particular reference to chapter xvi, headed " offences and penalties " ..... chapter xvi of the act ..... rest the controversy, which has been raised in the past upon certain expressions, like " offences " and " penalties used in chapter xvi. .....

Union of India (Uoi) Vs. Firm Ram Gopal Hukum Chand and ors.

Court : Allahabad

Reported in : AIR1960All672

..... nihal chand : air1951all617 in which he held that when the post office accepts a value payable postal article it enters into a contract with the sender to deliver that article only against payment by the addressee of the sura specified by the sender and the proviso to section 34 of the post office act does not absolve the post office from liability to pay damages if in contravention of its contract, it neglects to collect the specified sum on delivery.his lordship expressly stated that he agreed ..... three sentences the court enunciated the principle of the contractual liability of the post office : 'the post office, in order to meet the requirements of traders and others who wish to recover the value of articles supplied by them, undertakes, on payment of certain fees, to act as their agents for the collection of the money (see rule 130, indian postal guide). ..... argument of 'no liability' is negatived by the very statement of objects and reasons of the post office act of 1898 which runs thus :'it (the bill) includes within its scope postal insurance, the value payable post, and the post office money order system and declares and limits the liability of the government in respect of ..... he decreed the suit on the ground that the post office 'cannot be absolved from its general liability under the contract act to pay the price or damages of the value payable article in question, if it neglected to return it to the plaintiff as undelivered or to collect its price on its delivery to .....