Court : Kolkata
Reported in : (1914)ILR41Cal130
..... ' the embankment acts in force at that time were xxxii of 1855 (government of india) and act vii of 1866 (government of bengal), and for the purposes of this argument it has been assumed that the obligation in respect of embankment charges was on the zemindars at that time. ..... 920 of 1880, for it was there held that the agreement was operative, though prior to that suit act vi of 1873 had come into operation and had superseded the previous embankment acts.4. ..... these two acts have been repealed, and that now in force is act ii of 1882 of the bengal legislature. ..... whether that was so under act vii of 1866 in all cases we need not now determine, but we will assume, for the purpose of this case, the correctness of the view that the stipulation which i have read gave practical effect to the state of the law as it then stood. ..... there are provisions in that act under which there can be an apportionment of embankment charges as between the zemindar and his tenure-holders. ..... the next point for consideration is whether by reason of its being a poolbundi charge arising under an act subsequent to the date of the putni it was outside the intention of the parties, so that, though covered by the words, it would not be fair to extend the agreement to this particular charge. ..... therefore, the final point, as it appears to me, is also in the plaintiffs' favour, that is to say, there is nothing in the act of 1882 that renders this agreement contrary to the policy of the law or void for any other reason.5. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal686,165Ind.Cas.847
..... section 76-b, bengal embankment act, deals with the offence of interfering with embankments. ..... that means that a preliminary point of law, which raised a plea in bar to the second prosecution, was rejected as the new offence under the embankment act, in the opinion of the learned judge, was quite distinct from the old offence under section 283 and the learned judge pre-supposed that the new prosecution was going to be upon exactly the same facts as the petitioner was tried in the earlier case. ..... subsequently, the authorities returned to the attack, because there is an order sheet on the record referring to a fresh prosecution under the embankment act, this time for an offence under section 76-b of that statute. ..... but in this case i think the prosecution of the applicant under section 76, clause (b), embankment act, is a distinct offence and it is governed by section 235 (1), criminal p. c. ..... it by no means follows that anything which the petitioner is supposed to have done to what is called the bank of a river would be an offence under section 76-b, embankment act, at all. ..... the prosecution in 1934 had reached a finality before this new prosecution under the embankment act was launched. ..... the question is whether the offence of meddling with an embankment is a genuinely distinct offence from the kind, of offence with which the petitioner was charged under the widely drawn section 283. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal921,(1925)ILR52Cal573
newbould and ghose, jj.1. we are unable to agree with the learned sessions judge that, in order to support a conviction under section 78 of the bengal embankment act of 1882, on the ground that the accused by any wilful act destroyed or diminished the efficiency of an embankment, it is necessary that there should be a finding that the accused acted mala fide. this section of the statute appears to make punishable acts endangering embankments even when the offender had no mens rea. the learned sessions jqdge appears to have read the section as if the words were 'wilfully destroys or diminishes the efficiency of such embankment.' the qualification is not in respect of the ultimate result of the act, but the act itself. in this case it cannot be denied that the petitioner wilfully excavated and extended his tank, and it is found that the result of that was to injure the public embankment. this is sufficient to support the conviction. let the papers be returned.
Tag this Judgment!Court : Kolkata
Reported in : (1919)ILR46Cal825
..... the petitioner in this case has been convicted under section 76(b) of the bengal embankment act (act ii of 1882) on the ground that, within an area included in a prohibitory notification issued under section 6 of the act, be had, without the previous permission of the collector, added to an existing embankment. ..... that the conviction is bad:--first, because there is no proof on the record that a notification covering the land, on which the embankment stands, was issued under section 6; secondly, because the petitioner holds the land under a lease from the government requiring him to erect embankments and maintain them; thirdly, because the petitioner being an occupancy raiyat has statutory rights under the bengal tenancy act which include the right to erect, or add to an embankment; and fourthly, because it is said an 'existing embankment,' within the meaning of the act, is an embankment which existed at the date of the notification ..... it is argued, firstly, that the lease amounts to a previous permission by the collector to erect, or add to embankments; secondly, it is argued that if the lease conferred a right to erect, or add to embankments, there are no words in the embankment act which either expressly or by necessary implication deprive the petitioner of this right. ..... these general provisions do not repeal the embankment act. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal836,153Ind.Cas.771
..... there is no doubt that if the river ganges at hooghli comes within the operation of the bengal irrigation act it cannot, at the same time, coma within the operation of the bengal embankment act having regard to the provisions of section 91, bengal embankment act. ..... it is urged therefore that section 91, bengal embankment act, cannot apply to the river ganges at hooghli but that the irrigation act must apply and that the conviction under the bengal embankment act is therefore illegal. ..... basu on behalf of the petitioner are (1) as stated by the sessions judge, that the notification of 5th september 1929 does not apply to the river ganges at hooghli; (2) that the conviction is wrong inasmuch as section 76 does not apply to this part of the river having regard to the provisions of section 91, bengal embankment act. ..... it has been strenuously urged that the conviction is illegal in view of section 91, bengal embankment act. ..... that section provides:nothing in this act shall apply to any embankment land or water course which is under the operation of any of the following acts: the bengal drainage act 1880, the bengal irrigation act 1876 and the bengal act 5 of 1864.3. ..... in this case petitioner lakshmi narain auddy of joraghat, chinsurah, has been convicted under section 76(b), bengal embankment act 2 of 1882, and sentenced to a fine of rs. ..... it is the portion between the highest water line and the lowest water line which is under the protection of the embankment act. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal761,84Ind.Cas.22
..... the defendants disputed the validity of the transfer as made in contravention of section 87 of the bengal embankment act, 1882. ..... d to the bengal embankment act, 1873. ..... section 63 of act vi of 1873 was in the following terms: 'whenever the maintenance of any public embankment, or the retention of any land appropriated to the purposes thereof, may no longer be required, and the permanent relinquishment of the same may be deemed expedient, such land shall be conveyed by the collector to the proprietor of the land, within the limits of which it may be situated, on payment of the compensation, if any, which was paid for such land when the same was taken for the purpose of the embankment. ..... section 87 of act ii of 1882 provides as follows: 'whenever the maintenance of any public embankment, or the retention of any land appropriated to the purposes thereof, may no longer be required, and the permanent relinquishment of the same may be deemed expedient, such land shall be restored by the collector to the estate or tenure from which such land was originally taken on repayment of the compensation, if any, which was paid for such land when the same was taken for the purpose of the embankment. ..... it will be observed that whereas under act vi of 1873 the relinquished embankment is to be conveyed to the proprietor of the land within the limits of which it may be situated, under act it of 1882, the land is to be restored to the estate or tenure from which such land was originally taken. .....
Tag this Judgment!Court : Kolkata
Reported in : (1885)ILR11Cal570
..... act ii of 1882, called the bengal embankment act, 1882. ..... (c) every person wn0 shall abet any such act as is mentioned in clauses (a) and (b), shall be liable, on conviction, to a fine not exceeding five hundred rupees, or in default of payment to imprisonment of either description for a period not exceeding six months.the words 'shall add to any existing embankment' in clause (b), section 76 of bengal act ii of 1882, are not intended to mean any repair of an existing embankment, even if the effect of such repair be to make the embankment higher or broader, but only mean an extension in the length of an existing embankment. ..... *[penalty for unauthorized interference with embankments or drainage.section 76 (a)-every person who, in any of the territories to which this act extends, without the previous permission of the collector, shall erect, or cause or wilfully permit to be erected, any new embankment, or shall add to any existing embankment, or shall obstruct or divert, or cause or wilfully permit to be obstructed or diverted, any watercourse, if such act is likely to interfere with, counteract or impede any public embankment or any public watercourse;penalty for unauthorized interference with embankments or drainage in prohibited tract. .....
Tag this Judgment!Court : Kolkata
Reported in : 118Ind.Cas.355
..... the petitioners before us have been convicted by the deputy magistrate of 24-parganas by his order, dated the 29th february, 1928, under section 76 (a) of the bengal embankment act (ii of 1882) and have each been sentenced to pay a fine of rs. ..... the petitioners were then summoned to answer a charge under section 76 (a) of the bengal embankment act being act ii (b.o. ..... as regards the second ground, there is more substance in it, and, in fact, had the charge only referred to the impediment caused to the bidyadhari river, it would have been necessary to give effect to the contention urged in favour of the petitioners, for, under section 91 of the embankment act, 'nothing in this act shall apply to any watercourse which is under the operation of the canal act'; and, as the bidyadhari river is under the operation of the canal act, s 76 of the embankment act could have no application in so far as any impediment to that river was concerned. ..... river which in turn discharges into the bay of bengal; that the bantola khal starts from the garangacha sluice of the schedule d embankment no 96 and takes a north-east course and falls into the bidyadhari river and it is, in fact, spill channel of the bidyadhari river; that the suburban sewage outfall channel of the corporation of calcutta falls into the bantola khal about three furlongs to the west of the junction of the bantola khal with the bidyadhari river and that the schedule d embankment no 96 (which has got three sluices) runs .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1919Cal669,50Ind.Cas.669
..... the petitioner in this case has been convicted under section 76(6) of the bengal embankment act (ii of 1882), on the ground that within an area included in a prohibitory notification issued under section 6 of the act, he had without the previous permission of the collector added to an existing embankment ..... , because the petitioner, being an occupancy raiyat, has statutory right under the bengal tenancy act which includes the right to erect, or add to an embankment, and fourthly, because it is said an existing embankment within the meaning of the act is an embankment which existed at the date of the notification under ..... argued firstly that the lease amounts' to a previous permission by the collector to erect, or add to, embankments, secondly, it is argued that if the lease conferred a right to erect, or add to, embankments, there are no words in the embankment act which either expressly or by necessary implication deprive the petitioner of this ..... general provisions do not repeal the embankment act, the principle applies, generalia specialibus non ..... the act by clause (1) of section 76 prohibits in the notified area the creating, or adding to, an embankment without the previous permission of the collected, and we are of opinion that to that extent the lease is superseded by the act. ..... his behalf by his learned counsel that the conviction is bad firstly, because there is no proof on the record that a notification covering the land on which the embankment stands was issued under section 6.3. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal653
..... on 2-2-1951, evidently on the prayer of the receivers to stop the work under the embankment act, the collector passed an order saying that he was not prepared to stop the work under the bengal embankment act. 8. ..... the first thing to notice about the bengal embankment act is that it defines in section 3 'embankment' as well as 'public embankment'. ..... chakravarty's second contention which raises a very important question, namely the construction of section 25 of the bengal embankment act. ..... bengal embankment act, has no application to this case, because, in the first place, as stated in the notice under section 25, all the villages affected by the work were sridharnagore and rakhalpur, which appear from a copy of the lease executed by the auddy estate in favour of the collector to be two of the mouzas leased out to them, and the expression 'neighbouring country' in section 7 (1) and 7 (1a) excludes these mouzas. .....
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