Court : Kolkata
Reported in : AIR1930Cal637
..... the chief presidency magistrate has found 25 men guilty of an offence under section 44, calcutta police act (bengal act 4, 1866), that is, of the offence of keeping a certain house, room or place, to wit 2/1 royal exchange place, as a common gaming house. it appears that the police raided the premises 2/1 royal exchange place on 27th february 1929, and out ..... in certain specified months of the year namely, september, december and march and that in february 1929, when the business was brought to an end by the police raid, only one delivery month, namely december 1928, had elapsed and the dealings then taking place were dealings for delivery in march. it appears from the evidence that these dealings ..... default. the contract also provides that no contractual privity is established with the persons with whom a corresponding contract is entered into; that is to say that while the modi acts in form as a broker ha is in reality alone responsible to his principal for the performance of the contract.3. the contention of the accused is that the provision ..... the circumstances of this case, the accused have no defence to a charge under section 44.2. it appears that the bengal jute association limited was registered under the companies act in october 1928. the case of the accused is that this association was incorporated for the purpose of dealings in 'futures,' that is to say, dealings in jute for delivery .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1939Cal326
orderedgley, j.1. in this case, the petitioner has been convicted under section 45, calcutta police act (bengal act 4 of 1866). it is said that he was found in a common gaming house which was used for the purpose of gambling in connexion with horse-racing. in the case of this ..... , the onus clearly lay upon the prosecution to show that the house in which the petitioner was found was a common gaming house as denned in section 3 of the act. in order to satisfy the requirements of this section, it would be for the prosecution to show that instruments of gaming were kept or used in that house for the ..... examined the slip of paper; and, in my opinion, it cannot be said that it fulfils the requirements of the definition of 'instruments of gaming' under section 3 of the act nor is there any evidence on the record to show that the slip in question was in fact an instrument of gaming or that the petitioner was using it for .....Tag this Judgment!
Court : Orissa
Reported in : AIR1957Ori112
..... as a member of the regular police force and thus had the protection under article 311. ..... , air 1955 cal 556 (g). to begin with, that was a case of a wholetime servant of the calcutta special constabulary under the calcutta suburban police act (bengal act 2 of 1866), where the special police officer appointed under section 12 of the act was afforded the same protection ..... appointed as extra-departmental branch post-masters without the previous consent of their superior officers or employers as the case may be, a police officer who is not a pensioner may not be employed as an extra departmental agent without the previous sanction of the director-general.' further ..... general was void and for recovery of his arrears of salary. the chief secretary to the government wrote to the inspector general of police that the order of dismissal was untenable and the appellant was to be reinstated at his instance. on appeal by the state of ..... act of 1935, should also be understood in the light of this longstanding practice. the same view was adopted by the supreme court in a case reported in shyamlal v. state of u. p., air 1954 sc 369 (f). mr. ramdas referred us to a decision reported in brojo gopal sarkar v. commissioned of police .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1967Cal620,71CWN576
..... to be covered by a supreme court decision kishan chand arora v. commissioner of police, calcutta, 0043/1960 : 3scr135 . that was a case under the calcuttapolice act. section 39 of the calcutta policeact 1866 empowers the commissioner to grantlicences to the keeper of eating houses. thecommissioner of police, calcutta refused togrant a licence to the applicant and betweenthem there were previous litigations. one ..... contention, a number of cases were cited and was considered by the court below. the first case cited was a decision of mine kamal singh rampuria v. corporation of calcutta, ( 0044/1960 : air1960cal172 ). it was held there that one of the recognised exception to the rules that an administrative order did not require previous notice or hearing ..... does not include an industrial undertaking which is engaged in the manufacture and production of sugar and which is registered or licensed under the industries (development and regulation) act, 1951 (act 65 of 1951). the 'licensing authority' means an officer appointed by the state government to exercise powers and perform the duties of a licensing authority in respect of ..... central order known as the (sugar control) order, 1963 which was originally enacted under the defence of india rules, 1961 and was reenacted in 1966 under the essential commodities act, and is hereinafter referred to as the 'control order'. under the said control order, 'a recognised dealer' means a person carrying on the business of purchasing, selling or .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1926Cal586,94Ind.Cas.266
..... an investigation in the terms stated in the section. but the real point that we have got to decide is based on a consideration of the powers of the calcutta police under the calcutta police act. the facts being as i have stated they clearly show that section 162, cr. p.c., does not directly apply, for the investigation that was directed was carried on ..... by the calcutta police under the provisions of the calcutta police act, and it appears that what happened was that after the chief presidency magistrate made his order the petitioner's son having been already arrested the ..... the statement which he took from the petitioner is under the circumstances admissible in evidence.2. it is suggested by the advocate-general that the calcutta police act does not contain all the powers vested in the calcutta police and then there are in existence certain circular orders which give or may give wider powers in this matter than are contained in section 78-a ..... bench of this court, as an authority for the proposition that there are certain powers inherent in the police which are not expressly set out in the four corners of the calcutta police act; for instance, it is said that there is no provision in the calcutta police act providing for the taking of confessions; and yet according to the decision of the full bench the confession .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1924Cal231,81Ind.Cas.940
..... carrying of kirpans, the blade of which is more than nine inches, should not be allowed, and that the prohibitory orders issued under the provisions of section 62a of the calcutta police act should apply to kirpans, the blade of which is more than nine inches long.8. as remarked above, we are only concerned in this case with the question of the ..... is concerned, however fascinating or interesting may be the history referred to above, the short point that we have to consider is whether, or not, under the provisions of the calcutta police act, the learned magistrate was right in making the order which he did. mr. chatterjee has referred to the proclamation of 1858. in our opinion the words of the proclamation of ..... sentence which really gives the key to the meaning of what follows in the proclamation.7. now, tinder the provisions of the calcutta police act, it appears that a notification was issued on the 21st october 1922, by which the commissioner of police prohibited the carrying of daggers, spears, swords, bludgeons, lathis or guns or other offensive weapons in any public place, in the ..... the purview of the prohibition of weapons mentioned in the notification issued under the provisions of section 62a of the calcutta police act. we do not wish to follow the learned counsel for the applicant into a minute discussion of the indian arms act rules, because in our opinion no useful purpose will be served thereby. the relevant section, in our opinion, is section .....Tag this Judgment!
Court : Kolkata
Reported in : (1919)ILR46Cal581,54Ind.Cas.63
chaudhuri and newbould, jj.1. the learned advocate-general stating that he cannot support the order, we direct a fresh enquiry into this matter.2. the learned advocate-general very fairly states that he finds great difficulty in upholding the contention that a police-officer in calcutta, after suspension, continues to be a police-officer. he also finds difficulty in supporting the contention that the circular relied upon is authorized by law. having regard to the note made by the commissioner of police that marsden had nothing to do with the case, the complainant withdraws his charge against him. order is made to the effect that the case is only to proceed against the deputy commissioner, rai p.c. lahiri bahadur, and manik lal sadhu. we also understand from complainants counsel that he will consider whether he should proceed against manik lal sadhu, having regard to the fact that he was merely an inferior police-officer who was bound to carry out the orders of his superior.3. the learned advocate-general, on behalf of the crown, says that he would advise that the man should be at once let out on bail as ordered by mr. keays, and upon that no order need now be made by us.4. we see no reason why the case should not be tried by the chief presidency magistrate. we leave it to him to try it himself or to make it over to some other magistrate.Tag this Judgment!
Court : Kolkata
Reported in : AIR1929Cal644,122Ind.Cas.218
ordermukerji, j.1. the petitioner puran mull biwani has been convicted under section 44,. act 4 of 1866, and sentenced to pay a fine. the offence complained of against him was under the first part of section 44, viz., that he being the owner or occupier of a ..... in the room in which the petitioner's name appeared in print on the pages in the absence of any evidence as to the contents of the notebook (for the police officer says that he could not read the hindi writing in it and did not have it translated) is very poor evidence to establish that the notebook was an 'instrument ..... the prosecution.3. a still greater difficulty in upholding the conviction arises when the definition of 'common gaming house'' is considered. the definition as given in section 3 of the act plainly shows that the room must be one in which instruments of gaming are kept or used for the profit or gain of the person owning or keeping the room .....Tag this Judgment!
Court : Kolkata
Reported in : 43Ind.Cas.614
..... that it was doubtful whether the facts which could be proved would constitute theft or receiving stolen property or an offence under section 54a of the calcutta police act. if that be so, the case clearly falls within illustration (a) of section 236 and the illustration attached to section 237. reference was made ..... he was again arrested, the jute being again seined, in order that the present proceedings might be taken against him under section 54 a of the calcutta police act. that section runs as follows. 'whoever has in his possession, or conveys in any manner, or offers for sale or pawn, anything which there ..... magistrate to show cause why certain proceedings taken against the petitioner under section 54a of the calcutta police act should not be quashed. the petitioner is a dealer in jute carrying on business at 115, beniatola street, calcutta. it appears that he was found in possession of certain bales and half bales of jute ..... the matter no further and need not be more particularly referred to. it is non disputed that the present proceedings relate to the same act or series of acts which were the subject of the previous trial. mr. orr, who has appeared for the crown, does not deny that all the evidence ..... is reason to believe to have been stolen or fraudulently obtained shall, if he fails to account for such possession or act to the satisfaction of the magistrate, be liable to fine, etc., etc. etc.,' the point taken before us on the petitioner's behalf is .....Tag this Judgment!
Court : Kolkata
Reported in : 47Ind.Cas.657
1. the petitioner has been convicted under section 54(a) of the calcutta police act, which provides that a person in possession of anything which there is reason to believe to have been stolen or fraudulently obtained shall be liable to punishment, if he fails ..... the accused was asked to produce the key of the box in which these articles were but he did not, and the box had to be broken open by the police officer; and thirdly, that the accused failed to account for the bar.'2. as regards the first of these reasons, the accused was acquitted of the charge referred to and .....Tag this Judgment!