Court : US Supreme Court
United States v. Moreland - 258 U.S. 433 (1922) U.S. Supreme Court United States v. Moreland, 258 U.S. 433 (1922) United States v. Moreland No. 629 Argued March 9, 10, 1922 Decided April 17, 1922 258 U.S. 433 CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus 1. Imprisonment at hard labor, whether in a penitentiary or elsewhere, is an infamous punishment within the meaning of the Fifth Amendment, and prosecution for a crime so punishable must be by indictment or presentment by a grand jury. P. 258 U. S. 435 . Wong Wing v. United States, 163 U. S. 228 , and Ex parte Wilson, 114 U. S. 417 , followed; Fitzpatrick v. United States, 178 U. S. 304 , distinguished. 2. Hence, a prosecution in the Juvenile Court of the District of Columbia for the crime of willfully neglecting or refusing to provide for the support and maintenance of minor children, defined by the Act of March 23, 1906, and thereby made punishable by a fine or by imprisonment at hard...
Tag this Judgment!Court : Kolkata
Reported in : AIR1926Cal944,97Ind.Cas.42
Duval, J.1. The facts of this case are as follows:One Hemangini Dasi had a son, Hari Charan Das, by her husband. After her husband died she left the family and lived with one Satya Dawan by whom she had two daughters. Satya appeared to have deserted her and subsequently died. Hemangini is now living as a prostitute in a brothel. The two girls after Hemangini became a public prostitute were 'being brought up respectably at Hari Das's house. They are now of the ages of 12 and 10 years respectively.2. The Police received an anonymous petition dated the 19th May and in consequence under the provisions of the Calcutta Sup-pression of Immoral Traffic Act, 1923, a search was made and the two girls were discovered living with Hemangini in a public brothel at 14, Rambagan Lane. They were produced before the Honorary Magistrate of the Juvenile Court who has ordered their detention until they attained the age of 18 in a rescue home.3. Against this order a Rule has been obtained on the sole ground...
Tag this Judgment!Court : US Supreme Court
Myers v. United States - 272 U.S. 52 (1926) U.S. Supreme Court Myers v. United States, 272 U.S. 52 (1925) Myers v. United States No. 2 Argued December 5, 1923 Reargued April 13, 14, 1925 Decided October 25, 1926 272 U.S. 52 APPEAL FROM THE COURT OF CLAIMS Syllabus 1. A postmaster who was removed from office petitioned the President and the Senate committee on Post Offices for a hearing on any charges filed; protested to the Post Office Department; and, Page 272 U. S. 53 three months before his four-year term expired, having pursued no other occupation and derived no compensation for other service in the interval, began suit in the Court of Claims for salary since removal. No notice of the removal, nor any nomination of a successor, had been sent in the meantime to the Senate whereby his case could have been brought before that body, and the commencement of suit was within a month after the ending of its last session preceding the expiration of the four years. Held that ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1929Cal99
Costello, J.1. This was a rule obtained on behalf of one Panchu Gopal Shaw who is said to be the husband of one Sakuntala who is a female child under the age of 16 years. I use the expression 'female child' advisedly because the question that calls for decision in this case depends upon the right interpretation of the word 'girl' as used in Section 4, Calcutta Suppression of Immoral Traffic Act, 1923 which is Bengal Act 13 of that year.2. The matter arises in this way. The learned Magistrate of the Juvenile Court, Calcutta on 11th August of this year made an order that Sakuntala should be detained for six years and her sister Urmila should be detained for ten years in the Greave's Home. These periods were based upon the facts that in the case of Sakuntala her age was 12 years and in the case of Urmila some two years less. The Magistrate is obviously desirous that these two children should remain in the home until they attain the age of 18 years. The Magistrate made the order because, a...
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal397
Guha, J.1. The facts leading up to and relevant for the purposes of this appeal may be briefly stated. On 13th March 1928, Srimati Ashalata Roy made an application to the Court of the District Judge, 24-Parganas, for being appointed guardian of the person and property of her minor brother Stub Ram Nandi. The minor on his own statement made on 6th December 1928 is now over 14 years of age. Notice of the application was in due course served on the relatives named in the application and consent was given to the appointment of the applicant as guardian by the four maternal uncles of the minor. The father's sister of the minor who was also served with the notice of the application filed a petition of objection, on which the application for guardianship was amended, by the inclusion of the moveable property belonging to the minor, and from the order recorded in the order-sheet on 4th July 1928 it appears that the petition of objection was not pressed further. There is, however, on the record...
Tag this Judgment!Court : US Supreme Court
United States v. Burroughs - 289 U.S. 159 (1933) U.S. Supreme Court United States v. Burroughs, 289 U.S. 159 (1933) United States v. Burroughs No. 683 Argued March 14, 15, 1933 Decided April 10, 1933 289 U.S. 159 CERTIFICATE FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus 1. Under 935 of the Code of Laws for the District of Columbia, passed in 1901, the Court of Appeals of the District has jurisdiction of an appeal by the United States from a judgment of the Supreme Court of the District which sustained a demurrer to an indictment on two grounds, one involving a construction of the statute on which the indictment was founded and the other a construction of the indictment, and, on such appeal, the ruling of the trial court based on the construction of the statute is reviewable. P. 289 U. S. 161 . 2. The Criminal Appeals Act, passed in 1907, providing for direct review by this Court of decisions of the "district or circuit courts" quashing indictments when ...
Tag this Judgment!Court : Chennai
Reported in : AIR1938Mad667; (1938)1MLJ886
ORDERHorwill, J.1. The Magistrates of the Juvenile Court, Madras, passed an order under Section 6, Clause (2) of the Suppression of Immoral Traffic Act that the three girls found hi a house which was considered by the Police to be a brothel should be committed to the Rescue Home attached to the Vigilance Association.2. The Police searched a certain house and rescued these three girls and filed a case against the mother of two of the girls under Section 5 of the Act for keeping a brothel. After enquiry, the Magistrate acquitted her as there was no evidence that that woman (Kamalammal) had been actually allowing the house to be used for purposes of prostitution although there was evidence, which I do not think the Magistrate disbelieved, that two of the girls were actually engaged in prostitution when the house was raided by the Police.3. The only objection which can be raised to the order passed by the Magistrates is that it was not really passed under Section 6(2) at all, in that the s...
Tag this Judgment!Court : Mumbai
Reported in : (1942)44BOMLR804
John Beaumont, C.J.1. This is an appeal from an order made by the Presidency Magistrate, Seventh Court, in which he directed a child, who was tried before him, to be sent to a certified school. There is, I think, no doubt that the order was a wise order, if the Magistrate had power to make it. But it is urged on behalf of the appellant that the ordinary Presidency Magistrates have no power to try children, who, it is said, fall within the exclusive jurisdiction of the Juvenile Court.2. Section 46 of the Bombay Children Act, 1924, provides in Sub-section (I) that the Provincial Government may provide for the establishment in any area of one or more separate Courts for the conduct of proceedings under the Act at which the attendance of a child is required. Then there is a proviso:that where a child is accused of an offence triable jointly with any other person not being a child, nothing in this Sub-section shall affect...the powers of the court, to try such other person under any other l...
Tag this Judgment!Court : Chennai
Reported in : (1945)1MLJ241
Alfred Henry Lionel Leach, C.J.1. This reference has been made by the District Magistrate of Coimbatore under Section 438 of the Code of Criminal Procedure. It raises a question with regard to the effect of Section 349 when there are several accused and one of them is a child or young person within the meaning of the Madras Children Act, 1920. 2. Three persons were accused before the Stationary Sub-Magistrate of Udumalpet with an offence punishable under Section 355 of the Indian Penal Code. The first and third accused were adults, the second accused was a boy of 14 years of age and therefore a ' young person ' within the meaning of the Children Act. The Stationary Sub-Magistrate was of the opinion that all the accused were guilty of the offence with which they were charged and sentenced each of the adults to pay a fine of Rs. 40, and in default to suffer rigorous imprisonment for two months. He considered that the second accused should be dealt with under the Children Act and accordin...
Tag this Judgment!Court : US Supreme Court
Chatwin v. United States - 326 U.S. 455 (1946) U.S. Supreme Court Chatwin v. United States, 326 U.S. 455 (1946) Chatwin v. United States No. 31 Argued October 10, 1945 Decided January 2, 1946 * 326 U.S. 455 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. In a prosecution for violation of the Federal Kidnapping Act, the stipulated facts as to the circumstances in which a 15-year-old girl undertook and continued a "celestial" marriage relationship with a cultist, failed to establish that she had been "held" within the meaning of the words "held for ransom or reward or otherwise" as used in the Act, and therefore convictions of the petitioners under the Act cannot be sustained. P. 326 U. S. 459 . (a) For aught that appears from the stipulated facts, the alleged victim was free to leave the petitioners when and if she desired; therefore, there was no proof of unlawful restraint. P. 326 U. S. 460 . (b) There was no proof that any of the petit...
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