Judgment Search Results Home > Cases Phrase: public gambling act 1867 section 6 finding cards etc in suspected houses to be evidence that such houses are common gaming houses Page 1 of about 18 results (0.315 seconds)

K.T.K.A. Alagappa Chettiar and ors. Vs. Emperor

Court : Chennai

Reported in : AIR1932Mad678

..... the corresponding section in the bengal public gambling act 2 of 1867, section 6, says:when any cards, dice, gaming table, cloth, boards or other instruments of gaming are found in any house, tent, room, space or walled enclosure entered or searched under the provisions of the last preceding section, or about the person of any of those who are found therein, it shall be evidence, until the contrary is made to appear that such house, tent, room, space or walled enclosure is used as a common gaming house, and that the person found therein were there present for the purposes of gaming....4. ..... 109 is as follows:where any cards, dice...shall be found in any house...suspected to be used as a common gaming house and entered under a warrant or order...it shall be evidence, until the contrary be made to appear, that such house...is used as a common gaming house ....5. ..... as i said it is unnecessary for the purpose of this case to find whether in the absence of evidence to the contrary the court must presume that the persons found therein were present for the purpose of gaming and that the plea is a common gaming house. ..... the main contention in this case is that the onus of proving that the cards etc. .....

State of Andhra Pradesh Vs. K. Satyanarayana and ors.

Court : Supreme Court of India

Reported in : AIR1968SC825; 1968CriLJ1009; [1968]2SCR387

..... urdu definition with the definition of 'common gaming house' in the public gambling act, and we are of opinion that that represents a truer translation than the one included in the official publication. ..... act then provides for a presumption which the law allows to be drawn from the finding of cards, etc ..... section 4, which follows in outline the corresponding section in the public gambling act, provides for penalty for an owner, occupier or person using common gambling house and includes within the reach of the section persons who have the care or the management of or in any manner assist in conducting, the business of, any such house ..... of the persons therein, it shall be evidence, until the countary is proved, that such house, premises or enclosure or open space is used as a common gambling house and the persons found therein were present for the purpose of gambling although no play was actually witnessed by the ..... suspected to have been used or intended to be used for the purpose of gambling and which are found therein, and search or authorise such police officers to search all parts of the house or premises or enclosure or open space, which he or such officer shall have so entered when he or such officer has reason to believe that any instruments of gambling are concealed therein and also the persons whom he or such officer had so arrested and seize and keep in his possession all such instruments of gambling as are ..... act follows in outline the provisions of the public gambling act, 1867 .....

Emperor Vs. Syed Kasim

Court : Chennai

Reported in : AIR1937Mad179

..... under section 5, bengal public gaming act (3 of 1867), did not state that the premises were used as a common gambling-house but only that the use of the premises was for unauthorized race gambling. ..... circumstance that there was no mention at all in the warrant that the magistrate who issued it was satisfied that the house to be searched was a common gaming house, and that the finding was that it was not used as a common gaming house but was used occasionally by people for playing cards, perhaps ..... valid warrant, the presumption mentioned in section 43 of the act could not be raised, and that as there was no other evidence that the house was used as a common gaming house, acquitted the accused; hence the ..... bearing, for there the warrant was held to be defective, because the commissioner had not complied with all the formalities required by section 46, calcutta police act, and because the statement in the warrant was that there was 'cause to suspect' and not that the magistrate had 'reason to believe.'5. ..... that section 42 lays down is:if the commissioner has reason to believe that any enclosed place of building is used as a common gaming house he may issue his warrant, etc ..... between the two, and held that the warrant was not such as a presumption under section 6 of the act could be raised therefrom. ..... are appeals by the crown prosecutor against the order of the second presidency magistrate, madras, acquitting the accused of offences punishable under sections 45 and 46, madras city police act .....

Devi Rup and ors. Vs. the State

Court : Himachal Pradesh

Reported in : AIR1967HP18,1967CriLJ376

..... they were instruments of gaming the finding of the instruments of gaming in the house of harji petitioner gave rise, under section 6 of the public gambling act, to the presumption that the house was being used as a common gaming house and that devi rup and dila ram petitioners, who were found playing cards, were present in the house for the purpose of gaming. ..... in the first place, there was no evidence that he had received rs 365 on the basis of g. r. ..... emperor, air 1922 lab 458, that section 5 of the public gambling act prescribes a special procedure for searches and that the provisions of section 165, code of criminal procedure are not applicable to searches, conducted under that section. ..... prescribes that all offences under the indian penal code shall be investigated and tried according to the provisions of thecode sub-section (2) of section 5 lays down that all offences, under any other law, shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of the code, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise, dealing with such offences ..... as already discussed, there is no such provision in the public gambling act. 12. ..... , do not apply to such a search. 8. .....

The State Vs. Gainda Ram Siri Ram

Court : Punjab and Haryana

Reported in : 1964CriLJ607

..... and while the accused denied that those documents related to satta gambling they had not offered any alternative explanation as to what they might have referred, and held that those documents amounted to 'instruments of gaming' within the meaning of that expression in section 1 of punjab public gambling act, 1929 (punjab act 1 of 1929) in which the expression 'instruments of gaming' is defined to include, among other matters, 'any document used as a register or record or evidence of any gaming'.same view with regard to such documents has prevailed in ..... on january 5, 1962, acquitting the respondent of an offence under section 13 of the public gambling act, 1867 (act 5 of 1867), as amended by the punjab public gambling acts of 1929 (punjab act i of 1929) and i960 (punjab act 9 of i960), of which offence the respondent shad been convicted by the trial magistrate on june 12, 1961, and sentenced to rigorous imprison-intent for one month, the learned magistrate being of the opinion that sentence of fine of a few rupees in the case of a dare gambler does not matter it such and serves no purpose,2. ..... the totality of numbers upon which bets are invited are separately written one by one on separate chits or slips of paper, the same are then placed in a pitcher or a jar and well mixed, and thereafter one chit or slip ..... , describes this manner of gambling is this way-the owner of the house who may be conveniently called a book-maker accepts bets from individuals, bets on digits ranging from .....

State of U.P. Vs. Lal Bahadur and ors.

Court : Allahabad

Reported in : AIR1968All55; 1968CriLJ223

..... public gambling act permitted issue of a warrant by the district superintendent of police to any police officer, not below such rank as the state government shall appoint in that behalf to enter any house, walled enclosure, room or place upon credible information that it is used as a common gaming house ..... public gambling act, it cannot for a moment be contended that an offence under sections 3 and 4 ..... public gambling act is not a non-cognisable offence, for section 5 expressly excludes arrest without warrant by all officers below the rank of a district ..... public gambling act ..... public gambling act would be one of a cognisable offence and not of a non-cognisable offence this contention is without ..... public gambling act ..... public gambling act ..... p public gambling act, the district superintendent of police may himself take into custody the persons whom he finds therein, the case under sections 3 and 4 ..... appear, the magistrate, shall notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some other day: provided that where the magistrate is of opinion that the personal attendance of the complainant is not necessary, the magistrate may dispense with his attendance, and proceed with the case.' 8. ..... public gambling act are not cognisable offences' he followed the earlier decision reported in ..... there was evidently no such reason for adjournment ..... evidently did not consider it worthwhile to apply for any exemption from .....

Kimat Mal and ors. Vs. the State

Court : Allahabad

Reported in : AIR1956All449; 1956CriLJ952

..... ' section 6 of the act provides that-'when any cards, dice, gaming-table, cloths, boards or other instruments of gaming are found in any house, room, tent, walled enclosure, space, vehicle, vessel or place entered or searched under the provisions of the last preceding section, or about the person of any of those who are found therein, it shall be evidence, until the contrary is made to appear, that such house, room, tent, walled enclosure, space, vehicle, vessel or place is used as a common gaming-house, and that the persons found ..... powers, therefore, conferred under the provisions of section 5 are much wider than the powers given to an officer who is authorised to make a search under a search warrant issued under the code of criminal procedure and when such wide powers are conferred on such an officer under section 5 public gambling act, it is reasonable to hold that such powers were intended by the legislature to be exercised either by the magistrate himself who acts on certain information received by him or a ..... or authorise such officer to take into custody, all persons whom he or such officer find therein, whether or not then actually gaming; and may seize or authorise such officer to seize all instruments of gaming, and all moneys, and securities for money, and articles of value reasonably suspected to have been used or intended to be used for the purpose of gaming, which are found therein; and may search or authorise such officer to search all parts of the house, room, .....

Arambam Manikchand Singh and ors. Vs. the Manipur Administration

Court : Guwahati

..... that as the requirement of section 5 of the public gambling act was not satisfactorily fulfilled, the presumption under section 6 of the act that the house was a common gaming house and that the persons found therein were present for the purpose of gaming would not be available to the prosecution and that the prosecution had to prove the same by specific evidence.the magistrate then went on to discuss the prosecution evidence and held that the prosecution had failed to prove that the house was a common gaming house ..... stated in his order of reference that what section 4 has made punishable was gaming in a common gaming house and that in view of the finding of the magistrate, that the house was not a common gaming house, he ought to have acquitted the persons found in the place and that the conviction was bad in law.5 ..... not state that the house to he searched was a common gaming house as defined in section 1 of the public gambling act and secondly as the said warrant was executed not by the officer in charge of the imphal police station as directed by the inspector-general of police, but by another officer satyabrata singh as directed by the deputy superintendent of police, who had no authority under section 5 to issue such a search warrant ..... government quarters inside the jail compound occupied by manikchand singh and seized some playing cards and also some money from some persons present there, under seizure lists-exts. ..... the facts are as follows:on 10.6.1959, the inspector-general of .....

Tarsem Lal Shanti Ram Vs. the State

Court : Punjab and Haryana

Reported in : AIR1960P& H72

..... is on these facts that the prosecution maintained that offence under section 13 of the public gambling act had been made out and as said succeeded in getting the petitioner convicted under section 13 of the public gambling act. ..... that apart, it is not understood as to how merely entering on a chit the alleged stakes could constitute gambling as envisaged under section 13, of the public gambling act ..... is apparent that these facts do not constitute the offence under section 13 of the public gambling act. ..... (2) the petitioner was prosecuted under section 13 of the public gambling act and convicted by magistrate ist class, rupar and sentenced to pay a fine of ..... the story for the prosecution appears to have been that head constable shankar dass getting information of unbecoming activities of tarsem lal relating to his indulging in satta gambling organised a raid party. ..... asa ram was employed as a decoy (bogus punter) with a direction that he was to stake annas-/10/- on number 15 annas-/3/- on number 16 and annas-/2/- on number ..... nor on the uncorroborative evidence of decoy punter any conviction could be ..... on revision the additional sessions judge found that the conviction and sentence of the petitioner were not ..... it is immediately thereafter that the head constable was signaled who along with the other members of the raid party arrived and carried out a search and took into possession from the petitioner one rupee currency ..... i am satisfied that the conviction of petitioner tarsem lal could not be .....

Yusuf Khan Vs. State of Madhya Pradesh

Court : Madhya Pradesh

..... is considered that the applicant has committed an offence under section 4a of the public gambling act then it was for the head constable shivbahadursingh to show that those seized satta slips were related to gaming or worli matkas and what was the meaning of such words and figures ..... present set of facts the trial court was expected to frame the charge of gambling done by the applicant whereas, the charge of section 4a of the public gambling act was framed whereas, it was not a case of offence under section 4a of the public gambling act. 9. ..... if the huge sum with some satta slips are recovered from the applicant then, it was for the investigation officer to prove that those were satta slips and therefore, he was expected to tell the reason as to why he found those slips to be satta slips but, in the evidence of shivbahadursingh, he submitted that neither he saw anybody playing with the applicant through satta slips nor he could show those slips were used for satta ..... amendment act) of the public gambling act, 1867 and sentenced with three month's rigorous imprisonment with fine ..... such circumstances, the applicant could not be convicted for offence under section 4a of the public gambling act because it was not proved beyond doubt that he published digits, figures etc ..... he took a plea that he was bathing in his house and he was arrested from his house and all other materials were ..... the applicant took the defence that he was arrested from his house but, such defence could not be established .....