Court : Kolkata
Decided on : Feb-08-1929
Reported in : 120Ind.Cas.250
..... , indian penal code. the learned magistrate acquitted him of the said offences but convicted him under section 54-a. of the calcutta police act iv (b. c.) of 1866 and sentenced him to undergo rigorous imprisonment for 3 months. he has also made an order that a fixed deposit receipt and ..... the terms of the contract under which the deposit was made. these cannot be matters to be considered under section 54-a of the calcutta police act in determining the meaning of possession. substantially the same considerations apply to the money represented by the cash postal certificate.27. without attempting ..... or post office.21. as regards the second contention that the conviction is illegal because no charge was framed under section 54-a of the calcutta police act it may be observed that the offence being summarily triable the framing of a formal charge was not necessary (vide, section 242, criminal procedure code). ..... conviction has been assailed mainly on two grounds:1. firstly, that the elements necessary to constitute an offence under section 54-a of the calcutta police act were not made out against the accused, and that that section has no application in a case like the present, and,2. secondly, ..... the 6th february 1928, 'the eventful day' was highly suspicious, the learned magistrate proceeded to convict the petitioner under section 54-a of the calcutta police act and sentenced him and made the order of disposal in complainant's favour as above mentioned.6. for one thing, the judgment of the .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-12-1929
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
Decided on : Feb-08-1929
Reported in : AIR1929Cal401
..... another person for offences under sections 381 and 411. i.p.c. the learned magistrate acquitted him of the said offences but convicted-him under section 54-a, calcutta police act 4 (b.c.) of 1866 and sentenced him to undergo rigorous imprisonment for three months. he has also made an order that a fixed deposit receipt and a cash certificate which were found ..... a bank or post office.21. as regards the second contention that the conviction is illegal because no charge was framed under section 54-a, calcutta police act, it may be observed, that the offence under section 54, calcutta police act, being summarily triable the framing of a formal charge is not necessary : vide 242, criminal p.c. apart from this under section 362(4), criminal ..... . the case of the bank, must depend upon the terms of the contract under which the deposit was made, these cannot be matters to be considered under section 54-a, calcutta police act, in determining the meaning of possession. substantially the same considerations apply to the money represented by the cash postal certificate.26. without attempting to lay down any general rule as ..... the deposit of bs. 4,000 in the bank on 6th february 1928, 'the eventful day' was highly suspicious the learned magistrate proceeded. convict the petitioner under section 54-a, calcutta police act, and sentenced him and made the order of disposal in complainant's favour as above-mentioned.4. for one thing, the judgment of the learned magistrate is highly inconsistent. if .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-24-1929
Reported in : AIR1930Cal369
..... mukerji, j.1. of the several grounds upon which the conviction of the petitioners which is under section 45, calcutta police act, (4 b.c. of 1866) in this case has been assailed, none is of any substance except one which in my judgment goes to the very root of the matter and is positively fatal.2. ..... bentinck street. this is not a technical defect but a matter of substance, the law attaching serious consequences and importance to the discretion that a magistrate or the commissioner of police exercises in the matter of issuing a search warrant under this section. the result is that what would hold good in respect of premises no. 71/4 cannot hold good ..... upon which the learned magistrate has relied, the evidence aliundi does not satisfy the requirements of the definition of a common gaming house as given in section 3 of the act.5. the result is that the convictions of the petitioners must fail. the rule is made absolute. the petitioner's convictions and sentences are set aside. the fines, if paid ..... in dealing with the question which is the primary question in the case, namely, whether the place can be called a 'common gaming house' has observed:section 47 of the act lays down that if gaming instruments are found in a house, the presumption is that it is a common gaming house.3. this proposition is entirely correct provide i the .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-04-1929
Reported in : AIR1930Bom49; (1929)31BOMLR1349
..... , according to the definition of a cognizable offence in section 4(1)(f) of the criminal procedure code, the offences under sections 4 and 5 of the gambling act would not be cognizable offences as a police-officer could not arrest in accordance with the second schedule of the criminal procedure code or under any law for the time being in force, without a warrant. it ..... manufacturing co. were being used as a bucket shop or office for receiving bets on horses. on september 29, the commissioner of police, without issuing a warrant under section 6 of the bombay prevention of gambling act to any other police-officer to search the premises, himself raided the premises. he entered by the front door and sub-inspector salaskar entered by the ..... (1907) 1. l.b. 31 bom. 438 . it was held that as a first class magistrate has under section 6 of the gambling act iv of 1887 power to give authority, under a special warrant to certain police-officers, to make arrest and search, the legislature must be presumed to have intended that the first class magistrate should have authority to make ..... . chandri i.l.r(1924) . 49 bom. 212. but the facts there were completely different. in that case the arrest for an offence under the bombay prevention of prostitution act was not on a complaint or by an authorized police-officer and the arrest was, therefore, held to be illegal. here the arrest for an offence under the bombay prevention of gambling .....Tag this Judgment!
Court : Kolkata
Decided on : May-02-1929
Reported in : AIR1930Cal487
..... 2)(a) or the order should not have been made at all.3. there is nothing, in our opinion, in the terms of section 535, calcutta municipal act, or in any other section, which prevented the magistrate from taking into his consideration, on a date subsequent to the date of the order, under ..... edwards complained before the municipal magistrate under section 535, calcutta municipal act.2. the magistrate came to the conclusion that there was no nuisance and redused to pass any order. the matter then came to this court ..... awarded a sum of rs. 501 against the corporation of calcutta and in favour of edwards. it is against this last-mentioned order that a rule was obtained and mr. bose has appeared in support of ..... bay. that application was considered to be misconceived and it was allowed to be withdrawn. subsequently, mr. edwards made an application against the corporation of calcutta under the provision of section 535(2)(c) of the award of costs and compensation against them. the magistrate has gone into the matter and has ..... were kept a number of cows, goats and horses. the result was that the whole place was turned insanitary and edwards complained to the corporation of calcutta for the purpose of inducing the latter to take action to prevent or abate the nuisance. nothing was apparently done and, in the last resort, .....Tag this Judgment!
Court : Privy Council
Decided on : Dec-12-1929
..... to tata industrial bank, ltd., or order. radha kishen moti lal." mr. a. c. bose, an attorney of the calcutta high court, was acting on behalf of the defendant firm in respect of the above mentioned transaction, which was carried out in calcutta. he was examined as a witness on commission, and in his evidence he stated that the directors of the company ..... of the stocks thereinbefore mentioned. the above mentioned mortgage in favour of the bank was not registered under the companies' act until the 22nd december 1923. the time for registration had been extended by an order of the high court at calcutta dated 6th december for three weeks from the date of the order. it will be necessary to refer to the ..... first mortgage against the distillery. the abovementioned mortgage was not registered in pursuance of the provisions of the indian companies act of 1913 until 21st november 1922, the time for registration was extended by an order of the high court at calcutta dated 14th november 1922 for three weeks from the date of the order. on the same day, viz., the 10th ..... learned counsel's argument was that whereas the plaintiffs' mortgage was registered in pursuance of the companies act of 1913 on 21st november 1922, the bank's mortgage was not registered until 22nd december 1922, and that the order of the high court of calcutta of 6th december 1922, by which the time for registering the bank's mortgage was extended, provided .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-12-1929
Reported in : (1930)32BOMLR544
..... ,68,000 and interest thereon, and directed that the plaintiffs should withdraw that amount from the monies held in deposit by the imperial bank of calcutta. the company was in liquidation and the said monies in deposit represented the proceeds of the sale of the company's assets.9. the defendant ..... 19. the above-mentioned mortgage in favour of the bank was not registered under the companies act until december 22, 1922. the time for registration had been extended by an order of the high court at calcutta dated december 6 for three weeks from the date of the order.20. it will ..... . the above-mentioned mortgage was not registered in pursuance of the provisions of the indian companies act of j913 until november 21, 1922. the time for registration was extended by an order of the high court at calcutta dated november 14, 1922, for three weeks from the date of the order.16. on ..... whereas the plaintiffs' mortgage was registered in pursuance of the indian companies act of 1913 on november 21, 1922, the bank's mortgage was not registered until december 22, 1922, and that the order of the high court of calcutta of december 6, 1922, by which the time for registering the bank ..... . the pioneer mills, ltd., (hereinafter called the company), was registered under the indian companies act, 1913, and carried on the business of sugar manufacturers ; the factory was at unao and the head office was in calcutta.4. radha kishen moti lal chamaria (hereinafter called the defendant firm) carried on their business in .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-09-1929
Reported in : AIR1930All48
..... -tax officer at cawnpore issued a notice, on on 11th august 1927, which was a combined notice under section 23(2) and 22(4) of the income-tax act, to produce the calcutta accounts on 15th august. to this order the assesses demurred and requested the income-tax officer at cawnpore not to press his order but to allow them to produce ..... to an enquiry at the branch office should not, ordinarily, be compelled to bring their documents and officers all the way to the head office from distant places like calcutta and bombay. the act should be administered as inoppressively as may be possible, always having an eye to the convenience of the subject whom it is proposed to tax.43. question 8 ..... us and very briefly is as follows: the assessees, at whose instance the reference has been made, carry on business at cawnpore, bombay and calcutta with headquarters at cawnpore. under section 64, sub-section (1), income-tax act, the income-tax officer of cawnpore had the right and power of assessing the income-tax, because cawnpore was within his jurisdiction. the income ..... 1927, the income-tax officer of cawnpore issued a combined notice under section 23(2) and section 22(4) of the act requiring the assessees to produce, on 15th august their accounts and evidence relating to their income at calcutta and other branch places of business. on 26th august 1927 accounts were produced for cawnpore and bombay business while with regard to .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-21-1929
Reported in : AIR1930Cal230,121Ind.Cas.737
..... determining the amount of compensation to be awarded for the land acquired, reference must be made to the addition made to section 23, land acquisition act by the calcutta improvement act of 1911. the relevant portion of the amendment is that the market value of the land shall be deemed to be the market value according ..... time was that this land acquired should be a road 100 feet broad and that according to the provisions of section 3, sub-section (2), calcutta improvement (appeals) act, we are bound by the finding of the learned judge which is a finding of fact. now, the first answer to it is that there ..... an appeal by the hindusthan co-operative insurance society, limited, which will henceforth be called the society, against the award made by the tribunal under the calcutta improvement act for acquisition of a plot of land, about 10 bighas 17 cottas in area, on account of the trust. the society were claimants no. 1 ..... the plots conveyed as in the boundaries, was either 'the proposed drainage road of the trust' or 'the proposed 100 feet wide drainage road of the calcutta improvement trust.' it seems to me to be quite clear that there was no representation of an existing fact like that on which the decision of espley v ..... had sold, i.e., plots 2, 26, 27, 28 and 30, was either as 'land kept for proposed 100 feet wide drainage road of the calcutta improvement trust' or as 'the proposed drainage road of the trust' and by reason of that, a right of way over the acquired land had been granted .....Tag this Judgment!