Skip to content


Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Year: 1922 Page 1 of about 324 results (0.128 seconds)

Apr 12 1922 (PC)

Rasik Lal Das Vs. Emperor

Court : Kolkata

Decided on : Apr-12-1922

Reported in : AIR1922Cal492,71Ind.Cas.503

..... walmsley, j.1. the petitioner, rasik lal das, has been convicted under section 54-a of the calcutta police act, and sentenced to undergo three months' rigorous imprisonment. according to the police officer, p.w. no. 1, there were found in the house of the accused 23 ties, three pairs of gloves, two scarfs, two braces, one pair of stockings and one ..... or fraudulently obtained. there must, necessarily, be a great deal of property of this kind disposed of in calcutta, and i think without further evidence we ought to hold; that the first condition necessary for a conviction under section 54-a of the police act has not been established. that being so, i think the petitioner is entitled to an acquittal. the rule ..... they are old worn-out things such as are to be found with bikri wallas and are of no further use. for the purpose of section, 54-a of the police act, it is obligatory on the prosecution to show that there is reason to believe that the goods had been stolen or fraudulently obtained. it appears to me in this case .....

Tag this Judgment!

Dec 20 1922 (PC)

Emperor Vs. Hori Lal

Court : Allahabad

Decided on : Dec-20-1922

Reported in : (1923)ILR45All281

..... were taking their stuff elsewhere, used his authority with the sweepers to deposit the stuff at an unauthorized place and proceeded to sell it. a servant acting within the scope of his employment cannot, in order to defraud his master, set up a breach of his master's regulations in his own favour, ..... without committing in offence, and if they deposited it at casual places, they would be committing a series of offences against other sanitary provisions of the act, or committing nuisances, besides risking the loss of their livelihood. so that it seems to me that if a shrike took the very worst form of ..... , correct. if there were nothing to the contrary, and the act protected the sweeper, as it undoubtedly does, in the exercise of his customary right to collect this stuff, he would be, when he left the owner ..... is collected by the customary sweepers, who can do what they like with it, until they actually transfer it to the municipal rubbish heap by an act of bargain and sale, which presumably takes place by night in a series of somewhat unsavoury transactions. up to a point this view is, of course ..... the sanitary inspector seems to have put an end to the trouble. the sweepers in this municipality are a class of persons recognized by the municipalities act as house scavengers or customary sweepers with a customary right to do house sweeping. it appears, further, that they had entered into an arrangement with the .....

Tag this Judgment!

Dec 20 1922 (PC)

Hori Lal Vs. Emperor

Court : Allahabad

Decided on : Dec-20-1922

Reported in : AIR1923All480; 76Ind.Cas.971

..... were taking their stuff elsewhere, used his authority with the sweepers to deposit the stuff at an unauthorised place and proceeded to sell it. a servant acting within the scope of his employment cannot in order to defraud his master set up a breach of his master's regulations in his own favour, and ..... committing an offence, and if they deposited it at casual places, they would be commit ting a series of offences against other sanitary provisions of the act for committing nuisances, besides risking the loss of their livelihood. so that it seems to me that if a strike took the very worst form of ..... correct. if there were nothing to the contrary, and the act protected the sweeper, as it undoubtedly does in the exercise of his customary right to collect this stuff, he would be, when he left the owner ..... but is collected by the customary sweepers who can do what they like with it, until they actually transfer it to the municipal rubbish heap by an act of bargain and sale, which presumably takes place by night in a series of somewhat unsavoury transactions. up to a point this view is of course ..... of the sanitary inspector seems to have put an end to the trouble. the sweepers in this municipality are a class of persona recognised by the municipalities act as house scavengers or customary sweepers with a customary light to do house sweeping. it appears further that they had. entered into an arrangement with the .....

Tag this Judgment!

Jan 19 1922 (PC)

Jarugumilli Brahmayya, (Minor) by Mother and Next Friend Rajeswaramma ...

Court : Chennai

Decided on : Jan-19-1922

Reported in : AIR1922Mad373; (1922)43MLJ229

..... a permanent lease on favourable terms. i think it is clear that quit-rent is not rent within the meaning of the estates land act. under the act as originally passed 'rent' included yodi, kattubadi, poruppu and the like payable by the inamdar as such to the landholder and these terms ..... possessing jurisdiction. but our decision would affect the rights of the inamdar and his tenants because, if he should hold that the estates land act is applicable as between inamdar and his tenants, the latter would have occupancy rights, whereas if we should adopt the opposite view, the tenants ..... is to decide inconsistently with other and over - ruling provisions of the same statute. when the evidence amounts to this, the court may properly act upon it; for, the object of all rules of construction being to ascertain the meaning of the language used, and it being unreasonable to impute ..... the law standing thus, the liability of the inamdar for quit rent need not be regarded as inconsistent with his character as a landholder under the act. there are ordinarily however, it was not disputed at the hearing, other incidents of the tenure, which are equally important, the inability of the ..... subject to the ordinary obligation of tenants, to exchange pattah and muchilika. these decisions were however superseded on the passing of the present estates land act, in which by section 3(11)(c) rent was defined as including for the purpose of various sections and without distinction between different descriptions of .....

Tag this Judgment!

Jul 26 1922 (PC)

ishan Chandra Sarkar Vs. Monmotha Nath Dutta

Court : Kolkata

Decided on : Jul-26-1922

Reported in : AIR1923Cal339,71Ind.Cas.611

..... the code of criminal procedure and should have held a summary enquiry for the purpose of determining the complaint preferred before him under the provisions of section 20 of the calcutta rent act.6. the rule is accordingly made absolute in the terms indicated above. the petition of complaint will be sent back to the learned president of the tribunal to be ..... and summary trial, and we think the provisions of chapter xxii, criminal procedure code, are applicable to cases which have to be enquired into summarily as indicated in section 20 of the calcutta rent act. the learned president has observed in his judgment that chapter xxii read with chapter xxiii, criminal procedure code, would appear to be applies cable only to the classes of courts mentioned ..... code of criminal procedure.5. now the question arises, according to what particular provisions of the code of criminal procedure is the enquiry to be held. section 20 of the calcutta rent act prescribes that the enquiry is to be a summary enquiry. now, if one terns to the provisions of chapter xxii of the code of criminal procedure, one finds that ..... at section 5(2), criminal procedure code. by virtue of section 5(2), criminal procedure code, an offence created 'under any other law' that is, an offence created under section 20 of the calcutta rent act, shall be investigated inquired, tried or otherwise dealt with according to the provisions of the code of criminal procedure but subject to any enactment for the time being in force .....

Tag this Judgment!

Feb 21 1922 (PC)

Allen Bros. and Co. Vs. Bando and Co.

Court : Kolkata

Decided on : Feb-21-1922

Reported in : 70Ind.Cas.371

..... has all the strict logic on its side. after all, the president for some purposes is 'the judge' and is 'the tribunal;' appeals within the calcutta improvement act lie mostly from his decisions; and in view of he fact that appeals from a rent controller's decisions may come as occasion arises either the civil ..... right.9. in the first place, it must be noted that the argument before me proceeded without either party calling into question the validity of the calcutta rent act or the, validity of the rules made thereunder the first question on this basis is as to what the local legislature has in fact done. ..... number or have got no number at all, and there is no justification for the rent controller's refusal to comply with section 15 of the calcutta rent act. nor can any such justification be extracted from the fact that it may be difficult, owing to confusion of numbers, to say at what rent ..... the number of premises of which the rent is required to be standardized, i dismiss this application.'5. in my opinion, section 15 of the calcutta rent act makes it obligatory on the rent controller to grant a certificate certifying the standard rent. in the present case it is beyond dispute that the rooms ..... on the 4th january 1921 calling upon the respondents messrs. bando and co., to show cause why an order made by the controller appointed under the calcutta rent act, 1920, should not be set aside. this rule was issued both under section 115 of the code and under clause 15 of the letters patent.2 .....

Tag this Judgment!

Feb 24 1922 (PC)

Jetha Bhulchand and anr. Vs. F.C. Grace

Court : Kolkata

Decided on : Feb-24-1922

Reported in : AIR1923Cal227,70Ind.Cas.494

..... a fortnight of its becoming due. where such of these conditions as are applicable are not fulfilled, it is mere waste of time toy consider any other plea under the calcutta rent act. a statement of the payments of rent by the defendant to the plaintiff has been admitted by learned counsel for the defendant and placed before me, and from that ..... required the defendant to leave, but the defendant is still in occupation of the premises.2. the only defence on behalf of the defendant is a plea under the rent act as to whether or not the plaintiff bona fide required the premises for his own occupation. but, as has been pointed out more than once in cases in this court ..... , where the benefit of the rent act is claimed the defendant must show that he has paid arrears within three months of the rent act coming into force, and subsequently paid his rent regularly within the time fixed in the contract with his landlord, or, in .....

Tag this Judgment!

Mar 22 1922 (PC)

Jurugumilli Brahmayya (Minor) by Mother and Next Friend, Rajeswaramma ...

Court : Chennai

Decided on : Mar-22-1922

Reported in : (1922)ILR65Mad716

..... a permanent lease on favourable terms. i think it is clear that quit-rent is not rent within the meaning of the estates land act. under the act as originally passed 'rent' included jodi, kattubadi, poruppu and the like payable by the inamdar as such to the landholder and these terms ..... possessing jurisdiction. but our decision would affect the rights of the inamdar and his tenants because, if we should hold that the estates land act is applicable as between inamdar and his tenants, the latter would have occupancy rights, whereas if we should adopt the opposite view, the tenants ..... is to decide inconsistently with other and over-ruling provisions of the same statute. when the evidence amounts to this, the court may properly act upon it; for, the object of all rules of construction being to ascertain the moaning of the language used, and it being unreasonable to ..... the law standing thus, the liability of the inamdar for quit-rent need not be regarded as inconsistent with his character as a landholder under the act.10. there are ordinarily, however, it was not disputed, at the hearing, other incidents of the tenure which are equally important, the inability of ..... subject to the ordinary obligation of tenants, to exchange patta and muchilka. these decisions were, however, superseded on the passing of the present estates land act, in which by section 3(11)(c), rent was defined as including for the purpose of various sections and without distinction between different descriptions of inamdar .....

Tag this Judgment!

Mar 22 1922 (PC)

Jurugumilli Brahmayya (Minor) by Mother and Next Friend Rajeswaramma V ...

Court : Chennai

Decided on : Mar-22-1922

Reported in : 70Ind.Cas.615

..... a permanent lease on favourable terms. i think it is clear that quit-rent is not rent within the meaning of the estates land act. under the act as originally passed 'rent' included jodi, kattubadi, poruppu and the like payable by the inamdar as such to the landholder and these ..... possessing jurisdiction. but our decision would affect the rights of the inamdar and, his tenants because, if we should hold that the estates land act is applicable as between inamdar and his tenants, the latter would have of occupancy rights, whereas if we should adopt the opposite view, the ..... interpretation is to decide inconsistently with other and overruling provisions of the same statute. when the evidence amounts to this, the court may properly act upon it; for, the object of all rules of construction being to ascertain the meaning of the language used, and it being unreasonable to ..... the law standing thus, the liability of the, inamdar for quit-rent need not be regarded as inconsistent with his character as a landholder under the act.11. there are ordinarily, however, it was not disputed at the hearing, other incidents of the tenure, which are equally important, the inability of ..... subject to the ordinary obligation of tenants, to exchange pattah and muchilka. these decisions were, however, superseded on the passing of the present estates land act, in which by section 3(11)(c), rent was defined as including for the purpose of various sections and without distinction between different descriptions of .....

Tag this Judgment!

Dec 07 1922 (PC)

Khan Bahadur Mohammad Asghar Ali Khan Vs. Rammon

Court : Allahabad

Decided on : Dec-07-1922

Reported in : AIR1923All378; 71Ind.Cas.432

..... , the confirmation of a settlement by the local government could not, in any way, be held to take the place of the sanction required by the act. for the above reasons the appeals would fail. but i am ready to take a further point which i have been pressed to consider by the learned ..... for the establishment but not on the expediency of maintaining any special class or classes of cess.' the meaning of this order is very clear the act stated that it was open to the settlement officer to record the existence of a village custom permitting demands in respect of customary dues which were not ..... ) dated the 27th of april 1876--which lays down direct instructions as to the recording of the cesses under the latter part of section 66, land revenue act, and the words used are as follows: 'as to cesses under clause 2, the lieutenant-governor is not disposed to give any general or special sanction ..... with the learned counsel for the appellant that they are clearly claimed as 'cesses' within the meaning of the second part of section 66 of the old act, and he is, therefore, obliged to establish that they were recorded by the settlement officer and generally or specially sanctioned by the local government. if he ..... as a whole, and when used in that sense the word would almost mean a rate. in dr. agarwalla's commentary on the present land revenue act, 5th edition, there is a very valuable discussion as to how the two classes of cesses originated. this discussion commences at page 147. for the decision .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //