Court : Kolkata
Reported in : 81Ind.Cas.353
..... direction, as also erroneous reception or exclusion of evidence. in cases of misreception of evidence, the court was faced with section 167 of the indian evidence act and felt constrained to consider whether the balance of evidence left after exclusion of what had been erroneously admitted was sufficient to support the conviction. in cases ..... follows: every man is responsible criminally for what of wrong flows directly from his corrupt intentions; but no man, intending wrong, is responsible for an independent act of wrong committed by another. if one person sets in motion the physical power of another person, the former is criminally guilty for its results. if, ..... did the indian legislature deal with this position? the penal code was after much consideration, finally passed on the 6th october, 1860. the english accessories and abettors act was also, after prolonged investigations, passed in the following august. the two are, no doubt, closely connected, though i am not able at the moment to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal257
..... reference to common intention introduces the notion of common responsibility, and that if the language as a, whole be given, its full sense, the act done is the joint act, or the act of the immediate perpetrator and his confederates, because it is done in furtherance of the common intention of them all.79. the fact that the ..... non-direction, as also erroneous reception or exclusion of evidence. in cases of misreception of evidence, the court was faced with section 167 of the indian evidence act, and felt constrained to consider whether the balance of evidence left after exclusion of what had been erroneously admitted was sufficient to support the conviction. in cases ..... as follows:every man is responsible criminally for what of wrong flows directly from his corrupt intentions; but no man, intending wrong, is responsible for an independent act of wrong committed by another. if one person sets in motion the physical power of another person the former is criminally guilty for its results. if he .....
Tag this Judgment!Court : Kolkata
Reported in : 82Ind.Cas.297
..... 12 bur. l.t. 73 (p.c.) had not been before the board. that case decided that an order made under section 89 of the transfer of property act, 1882 (act iv of 1882), for the sale of mortgaged property, has the effect of substituting the right of sale thereby conferred upon the mortgagee for his rights under the mortgage ..... in the description of the property and is entitled to succeed on that footing.23. the defendant has strenuously contended that under section 89 of the transfer of property act, as soon as the order absolute for sale was made, the security, was extinguished, and the relative rights of the mortgagor and mortgagee were thenceforth regulated by the ..... of articles 4 and 5 must be determined irrespective of the amending statute which makes no reference to them. these articles found a place in the court fees act as framed in 1870; and the intention of the legislature as expressed in the language used, cannot obviously be affected by the supposed object of the framers of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal881
..... a.i.r. 1918 p.c. 34 had not been before the board. that case decided that an order made under section 89 of the transfer of property act, 1882 (act iv of 1882), for the sale of mortgaged property, has the effect of substituting the right of sale thereby conferred upon the mortgagee for his rights under the mortgage ..... 20th december, 1919, when the memorandum of appeal was filed and before the 21st november 1922, when the application for review was lodged, the bengal court pees amendment act, 1922 (act iv of 1922 b.c.) had come into force on the 1st april 1922. section 5 of this amending statute modified article 1 of schedule i of the ..... the contingency which has now arisen; there is equally nothing in the amending statute to indicate that the legislators of 1922 realized and provided for this case. section 17 of act iv of 1922 b.c. which was interpreted in thaddeus nahapiet v. secretary of state : air1924cal987 , clearly does not advance the contention of the assistant government pleader; .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1923Cal517,77Ind.Cas.819
..... the only valid excise for not examining the witnesses world be that no reliance could be pkcfd en their evidence. by discarding these witnesses the prosecution emphasized the act that the case for the crown was a total deniai of any right of self-defence, and not that the right of private defence was exceeded. as stated ..... section 300, indian penal code. the heads of charge to the jury do not show how the law was explained to the jury so as to render an act, which tin learned judge himself described as imminently dangerous,' punishable under section 304 indian penal code. if, as seems probable from another portion of his charge. the ..... preliminary objection that the trial was without jurisdiction by reason of the provisions of section 132, criminal procedure code. this section provides that no prosecution against any person for any act purporting to be done under chapter ix of the code shall be instituted in any criminal court except with the sanction of the governor-general-in-council. it .....
Tag this Judgment!Court : Kolkata
Reported in : 44Ind.Cas.770
..... echo what has been so often and so forcibly laid down by judges of the highest authority in england--never perhaps more forcibly than in the case relating to the trade disputes act, 1906: vacher and sons v. london society of compositors (1913) a.c. 107 : 82 l.j.k.b. 232 : 107 l.t. 722 : 57 s.j. 75 ..... injury affecting the house or land itself in which the person claiming compensation has an interest, and that a mere personal inconvenience, obstruction and damage to a man's trade or the goodwill of his business will not be sufficient. it was further held that the property must be lessened in value by the physical interference, but that ..... calculated to make it successful, inasmuch as no sufficient power has ever yet been given to local authorities to become possessed of the improved properties without buying out all the trade interests, a course which is inevitably attended with wasteful and extravagant expenditure. '6. i have set out these portions of the report of the select committee as i .....
Tag this Judgment!Court : Kolkata
Reported in : 36Ind.Cas.749
..... the assumption that the legislature has indirectly accomplished what it did not venture to undertake openly and directly. this principle applies with special force to acts which confer on a corporation extensive powers of interference with private rights; the extent of the right of interference must be assumed to have been ..... to be noted in connection with this clause. first, the term 'acquisition' does not necessarily mean 'compulsory acquisition under the provisions of the land acquisition act.' this is clear from sections 68 and 69, which refer respectively to acquisition by agreement and compulsory acquisition. secondly, the area comprised in the scheme is ..... of 100 feet as proposed. objections to the scheme were invited under section 43, and special notice was issued under section 45 of the calcutta improvement act, 1911. the plaintiff thereupon submitted his objections which, he asserts, were overruled by the board of trustees without consideration and examination. the trustees next .....
Tag this Judgment!Court : Kolkata
Reported in : 13Ind.Cas.721
..... learned advocate-general has referred as part of his argument to a memorandum by lord dunedin and sir arthur cohen annexed to a report of the commission on trade disputes expressing the view that it was only such conspiracy as amounts to a criminal offence that can give rise to civil liability. but the report obviously ..... that he ?wished to kill mr. cornish for having stopped some mohamodan religious ceremony. satyendra, it is said, told rahman that mr. weston was responsible as cornish acted under his orders and suggested that rahman should shoot mr. weston. rahman says he feigned assent and satyendra lent him this revolver, exhibit xxi. the moulvi says he ..... defendants unlawfully and maliciously conspired together and with others to do the various acts complained of in the previous counts with intent to injure the plaintiff and his trade and business and that by reason of the conspiracy he was injured and damaged in his trade. the jury returned a verdict in favour of the plaintiff on all .....
Tag this Judgment!Court : Kolkata
Reported in : 3Ind.Cas.324
..... at the sale in execution of the decree for rent due on the putni and by the subsequent service of notice under section 167 of the bengal tenancy act they have superseded the rights of both the putnidar and darpatnidar and have become entitled to realise rent directly from the defendants. if, therefore, they are now ..... on behalf of the appellant raises a question of considerable importance, the solution of which depends upon the construction of section 148(h) of the bengal tenancy act. that section provides that notwithstanding anything contained in section 232 of the code of civil procedure, an application for execution of decree for arrears of rent obtained ..... 23rd december 1906 the zemindar, jagat tarini dasi, the auction-purchaser of the putni, served a notice upon the durpatnidar under section 167 of the bengal tenancy act and annulled his encumbrance on the 23rd january 1907. kishori lal executed a conveyance in favour of jagat tarini in respect of all arrears of rent realisable from .....
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