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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Year: 1917 Page 1 of about 276 results (0.115 seconds)

Nov 28 1917 (PC)

Manhari Chowdhury Vs. Emperor

Court : Kolkata

Decided on : Nov-28-1917

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 .....

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Jun 12 1917 (PC)

Charles Henry Brooke Vs. Emperor

Court : Kolkata

Decided on : Jun-12-1917

Reported in : 41Ind.Cas.129

..... on the other hand it is suggested by the deputy legal remembrancer that in view of the provisions of section 66, sub-section (4) (a) of the calcutta police act, the license and the bye-law under which it was granted should be held to be invalid and ultra vires of the corporation.9. in support of the ..... 1. in this case the petitioner has been convicted under the calcutta police act (bengal act iv of 1866), section 66, sub-section 4 (a), and sentenced to pay a fine of rs. 20.2. it appears that the petitioner is a building contractor ..... the further contention that sub-section (4) (a), introduced into section 66 of the police act by the amending act pi 1910 (bengal act iii of 1910 overrides or repeals the provisions regarding the regulation of obstructions to be found in the calcutta municipal act. as in the present case the petitioner's conduct was not within his license on which ..... bye law under which; his license was granted, but his offence also falls clearly within the provisions of section 66, sub-section (4) (a) of the police act., and as he is not protected by. his licanse there is no reason why those provisions should not be applied.11. the suggestion made by the deputy legal ..... which we have now examined is one granted under the 2nd of the bye-laws framed under the provisions of section 559, sub-section (18), of the calcutta municipal act and authorizes the licensee 'to make an enclosure in (a) portion of the public street measuring 40 feet into 4 feet, equal to 160 square feet, .....

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Feb 19 1917 (PC)

Amrita Lal Bose and ors. Vs. the Chairman of the Corporation of Calcut ...

Court : Kolkata

Decided on : Feb-19-1917

Reported in : 40Ind.Cas.322

..... to be visited by a penalty.' in the case before me i am clearly of opinion that the offence is single in its nature and that the calcutta municipal act provides a punishment for the offence, and not for the individual offenders. the words 'a breach (of a bye-law) shall be punishable' can ..... penalty or all collectively to but one.' the determination of the question, therefore, depends upon the interpretation to be put upon the particular statute, in this case the calcutta municipal act, 1899. in rex v. clark (1777) 2 cowp. 610 : 98 e.r. 1267 lord mansfield thus enunciated the proposition: 'where the offence is in ..... . 20, rs. 10 and rs. 10 respectively. the only question is whether the imposition of such penalties was authorised by law.2. section 559 of the calcutta municipal act, 1899, provides that the general committee may make bye-laws, (inter alia), (52) for the regulation of theatres and other places of public resort, recreation ..... not be enforced in case of such a breach of a bye law as that which we are now considering see basanta kumari devi v. corporation of calcutta 11 ind. dec. 143 : 15 c.w.n. 906.9. so far as i am aware, the principles laid down in the various english ..... that the bye-law was to that extent ultra viris. but i do not so read it. the word 'person' by the definition in the bengal clauses act, 1899, includes 'any company, or association or body of individuals, whether incorporated or not.' it would, therefore, include the three petitioners as joint proprietors of .....

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Jul 10 1917 (PC)

Reshu Kabiraj Vs. Emperor

Court : Kolkata

Decided on : Jul-10-1917

Reported in : 41Ind.Cas.649

..... . v. bhuja (4) (1872) rat, un. cr. c. 63. decided in bombay in 1872 and also to the provisions of he calcutta police act, section 32. that section appears to be based on and largely to reproduce the provisions of the vagrancy act in respect of suspected persons. it would doubtless cover a case such as the present but the language therein used by ..... . the petitioner will now be set at liberty.huda j.11. i would like to add that in my opinion clause (a of section, 09, criminal procedure code, refers to a continuous act and does not, therefore apply to a case like the present, where there is a momentary effort at concealment to avoid detection or arrest. i also think that the provisions .....

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Jul 15 1917 (PC)

Amrita Lal Bose and ors. Vs. the Corporation of Calcutta

Court : Kolkata

Decided on : Jul-15-1917

Reported in : 42Ind.Cas.305

..... reasons i am of the opinion that the penalty clause under which the petitioners have been separately convicted is intra vires of section 561 of the calcutta municipal act.29. the only other point to be considered is whether the three petitioners constitute a single person and are liable to a single fine on ..... are made punishable commence with the word 'whoever' and expressly provide for the punishment of the person committing the offence. there is nothing in the calcutta municipal act to suggest that the legislature, when it empowered the general committee to make a breach punishable', used the words in any other sense than that ..... found in their possession.27. i now come to the question whether this penalty clause of the bye-laws is ultra vires. the section of the calcutta municipal act under which it was made is section 561, which, excluding the portion relating to a continuing breach, runs as follows: 'in making a bye ..... that three offenders can be held to constitute one 'person.'21. to sum up, i am of opinion that when section 561 of the calcutta municipal act provides that a breach of a bye-law shall or may be punishable with fines which may extend to rs. 20, it provides that the ..... the chairman of the corporation to show cause why in each case the sentences complained of should not be modified.4. by section 559 of the calcutta municipal act, 1899, clause (52), it is provided that the general committee may make bye-laws for the regulation of theatres and other places of public .....

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Aug 14 1917 (PC)

Mani Lall Sing Vs. the Trustees for the Improvement of Calcutta

Court : Kolkata

Decided on : Aug-14-1917

Reported in : 44Ind.Cas.770

..... to the land. it clearly provides for recoupment. i think sections 78 and 81 taken together show that power to acquire land for recoupment has been given by the calcutta improvement act, and in section 42, the word 'affected' was deliberately used as a word having a very large meaning, 'to give large powers of acquisition of land ..... as the commissioners are entitled to such power as that.' in the court of appeal (which affirmed the decision of kay, j.) baggallay, l.j., referring to galloway's case (1866) 1 h.l. 34 : 35 l.j. ch. 477 : 12 jur. (n.s.) 747 : 14 l.t. 865 observed: 'the circumstances in that case, as ..... whole, according to the argument. that would be giving a very much greater power to the commissioners having the control of pavements than was given in galloway v. london corporation (1866) 1 h.l. 34 : 35 l.j. ch. 477 : 12 jur. (n.s.) 747 : 14 l.t. 865; and that is a distinction between the ..... or obstruct such widening or alteration, after stating that the commissioners (in that case) were a body, like the corporation of london in the case of galloway v. london corporation (1866) 1 h.l. 34 : 35 l.j. ch. 477 : 12 jur. (n.s.) 747 : 14 l.t. 865 armed with powers for the purpose of making ..... , i will only notice two cases upon which the parties respectively placed some reliance. on behalf of the respondent reliance was placed on the case of galloway v. london corporation (1866) 1 h.l. 34 : 35 l.j. ch. 477 : 12 jur. (n.s.) 747 : 14 l.t. 865. where it was pointed out that there is .....

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Jan 10 1917 (PC)

Subaj Mal Kharad Vs. Akshoy Kumar Roy Chowdhury and anr.

Court : Kolkata

Decided on : Jan-10-1917

..... persons, provided they obtain the advocate-general's consent in writing, may sue for its removal. again the other section, section 336 of the calcutta municipal act, merely vests the proprietary right in the soil of highways in the corporation: but it does not add that in case of obstruction the corporation ..... the appeal is that the plaintiffs could not sue under section 91, civil procedure code, because the land lies within the area of the calcutta municipality and reference is made, to section 336 of the calcutta municipal act which declares that: 'all public streets * * * including the soil * * * shall rest in and belong to the ..... ownership of the land remained with the executants up to 1911. the first of these objections is fatal: one executant signed the document at calcutta and the other at azimganj and one witness only attested each signature. the third objection is equally fatal to the defendant's assertion that the ..... 43 of the article on high ways in lord halsbury's laws of england, volume 16, that: 'acceptance by the public requires no formal act of adoption by any persons or authority but is to be inferred from public user of the way.' it may be added here that although ..... corporation.'4. the defendant has no authority to quote in support of this argument and we have to read the two sections together, and consider whether section 336 of act iii of .....

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Jun 11 1917 (FN)

Adams Vs. Tanner

Court : US Supreme Court

Decided on : Jun-11-1917

..... honest work for the unemployed in return for an agreed consideration is a useful and legitimate business which, though subject to regulation under the state police power, cannot be forbidden by an act of a state without violating the guaranty of liberty secured by the fourteenth amendment. a law forbidding employment agents from receiving fees from the workers ..... of its workers, and demands that they be protected from conditions that result in their being liable to imposition and extortion." "the state of washington therefore, exercising herein police and sovereign power, declares that the system of collecting fees from the workers for furnishing them with employment, or with information leading thereto, results frequently in their becoming the ..... allege, that their business could not live without collecting fees page 244 u. s. 599 from employees, that fact would not necessarily render the act invalid. private employment agencies are a business properly subject to police regulation and control. brazee v. michigan, 241 u. s. 340 . and this court has made it clear that a statute enacted to promote ..... its workers, and demands that they be protected from conditions that result in their being liable to imposition and extortion." "the state of washington therefore, exercising herein its police and sovereign power, declares that the system of collecting fees from the workers for furnishing them with employment, or with information leading thereto, results frequently in their becoming the .....

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Jun 01 1917 (PC)

Kumar Satya Sankar Ghosal Bahadur Vs. Mon Mohon Guha Roy and ors.

Court : Kolkata

Decided on : Jun-01-1917

Reported in : 43Ind.Cas.996

..... include rent decreed in suits with which the execution is not concerned. they further held that ' although by section 100 of the transfer of property act read with order xxxiv of the civil procedure code it may be that the appellant had a charge on the property, it does not follow that the ..... a first charge for rent both under the bengal tenancy act and the regulation, although such charge in respect of antecedent balances may not, having regard to the provisions of section 17 of the regulation, ..... against the surplus sale-proceeds to which the patni is converted even though he sells the tenure under the provisions of the bengal tenancy act? the bengal, tenancy act does not contain any provision similar to that contained in the third clause of section 17 of the regulation. if the zemindar has ..... clause declares a substantive right and is independent of the particular procedure which may be adopted for realizing the rent. section 65 of the bengal tenancy act, therefore, which gives a first charge to the landlord for his rent does not confer any right upon the zemindar which the latter does not ..... patnidar to the surplus sale-proceeds after satisfying the zemindar's demand only for the period limited, as above, and section 65 of the bengal tenancy act, which gives a first charge to the zemindar beyond the period so limited, necessarily affects the provisions of the patni regulation, and is, therefore, .....

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Dec 14 1917 (PC)

Municipal Council of Vizagapatam Vs. Foster

Court : Chennai

Decided on : Dec-14-1917

Reported in : (1918)ILR41Mad538

..... ought to see that the contractor so discharges his duty as to avoid such a danger. that was the principle enunciated in the corporation of the town of calcutta v. anderson i.l.r. (1884) calc. 445. there is another exception which is even more pertinent to the present case, namely, that in ..... evans v. the trustees of the port of bombay (1871) 8 b.l.r. 265 and ullman v. the justices of the peace for the town of calcutta i.l.r. (1887) 11 bom. 329 it was held that an independent contractor would not be liable for torts. in steel v. the south eastern ..... england. in this country the principle of making corporations liable for neglect of duty has been uniformly enforced. the decision in the corporation of the town of calcutta v. anderson i.l.r. (1884) calc. 415 is a strong authority for that proposition; notwithstanding the criticisms of the learned vakil for the appellant ..... public resort or residence under the presidency of fort william within the town of calcutta to make better provision for purposes connected with public health and convenience. this act was subsequently repealed and act 26 of 1850 was passed. in this act also the powers were very much limited. these enactments which have been subsequently repealed ..... is founded on observations in two old cases, parnaby v. the lancaster canal company (1839) 11 ad. & ell 223 and gibbs v. the mersey (1866) 11 h.l. 685. in the first case it was held that a common law liability arose in a canal company which took tolls for navigation to use .....

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