Court : Kolkata
Decided on : Mar-29-1935
Reported in : AIR1935Cal466
..... in the card room of the premises can rightly be described as instruments of gaming within the meaning of the definition contained in section 3, calcutta police act, 1866.15. we have given our very careful attention and consideration to that point. a large number of authorities were cited to us upon this point ..... keeping and using that place as a common gambling house on the night of 25th january 1935 and so committed an offence under section 44, calcutta police act, 1866. in order to make plain what the position was, it is necessary that i should recapitulate the facts which were given in evidence before the ..... and rightly satisfied that gaming within the meaning of the definition given in section 3 of the act was going on in those premises on the night of 25th january because in section 3, calcutta police act, 1866, gaming is defined as including wagering or betting except wagering or betting upon a horse race, ..... the authority of a warrant signed by the deputy commissioner of police under the provisions of section 46, calcutta police act, 1866, sub-inspector syed hossain of the detective department raided certain premises consisting of two rooms situated on the first floor of ..... that none of those authorities were really of any assistance to the court, because they had all come into existence before the definition in the calcutta police act of 1866 assumed its present shape. both sides overlooked the fact that the definition of 'instruments of gaming' as it now stands as well as the .....Tag this Judgment!
Court : Chennai
Decided on : Oct-10-1935
Reported in : AIR1936Mad65; (1935)69MLJ835
..... walvekar v. emperor (1926) i.l.r. 53 cal. 718. this is a case relating to the issue of a warrant under section 46 of the calcutta police act whereas in the present section (section 5) it is necessary that the magistrate who issues the warrant must have reason to believe that the premises to be searched ..... house. this letter was received by the magistrate, who before issuing any warrant examined the sub-inspector of police on oath and when the sub-inspector repeated on oath that the information he had received was true and that he wanted the issue of a warrant ..... question is whether as a matter of fact, the magistrate had or had not reason to believe. i find from ex. a that the sub-inspector of police, kumbakonam town, brought a letter to the magistrate in which he stated that he was reliably informed that this particular house was used as a common gaming ..... 10 all the moneys found either in front of or on the persons of the various petitioners at the time and at the place searched by the police.2. two points arise for consideration in this criminal revision case. the first is whether the warrant under which the room in which the play was ..... subramania sastri (1934) 68 m.l.j. 421. that was a case in which a search warrant was issued not under section 5 of the madras gaming act iii of 1930 but under section 96 of the criminal procedure code, but the premises to be searched were premises in which it was alleged that gambling was going on .....Tag this Judgment!
Court : Chennai
Decided on : Oct-10-1935
Reported in : 161Ind.Cas.32
..... i.r. 1926 cal. 966 : 27 cr. l.j. 920. this is a case relating to the issue of a wrarant under section 46 of the. calcutta police act whereas in the present section (section 5) it is necessary that the magistrate who issues the warrant must have reason to believe that the premises to be searched are ..... house. this letter was received by the magistrate, who before issuing any warrant examined the sub-inspector of police on oath and when the sub-inspector repeated on oath that the information he had received was true and that he wanted the issue of a warrant, ..... is whether as a matter of fact, the magistrate had or had not reason to believe. i find from ex. a that the sub-inspector of police, kumbakonam town, brought a letter to the magistrate in which he stated that he was reliably informed that this particular house was used as a common gaming ..... 10, all the moneys found either in front of or on the persons of the various petitioners at the time and at the place searched by the police.2. two points arise for consideration in this criminal revision case. the first is whether the warrant under which the room in which the play was ..... the public prosecutor v. subramania sastri : air1935mad648 . that was a case in which a search warrant was issued not under section 5 of the madras gaming act iii of 1930 but under section 96 of the criminal procedure code, but the premises to be searched were premises in which it was alleged that gambling was going on. .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-25-1935
Reported in : AIR1936Cal796
..... room in the same flat. she was charged with theft under section 380, i. p. c., and convicted of an offence under section 54-a, calcutta police act, with which she had not been charged. the evidence showed that she had obtained possession of the key and padlock of the door which separated her room ..... under section 417, criminal p. c., the appellants cannot be tried again for that offence.8. the provisions of section 114, illus. (a), evidence act, do not entitle the court to presume the knowledge of dacoity or dacoity which is required for a conviction under section 412, and the only evidence of ..... cases.7. the result is that in my opinion the learned judge's direction upon both section 412, i. p. c. and section 114, evidence act, was contrary to law, and the verdict of the jury was erroneous owing to these misdirections. although the jury gave no specific verdict on the charge of ..... of the learned advocate is still more unsound. the question whether the court will make one and which of the presumptions under section 114, illus. (a), evidence act, is irrelevant upon a consideration of the provisions of sub-section 236 and 237, criminal p. c. such a presumption is not oneof the facts which ' ..... not in doubt, there was a doubt whether the jury would make one of the presumptions which they could make under section 114, illus. (a), evidence act, and which of those presumptions. thus he argued that in cases to which that illustration applies, though the facts may not be in doubt, yet there .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-22-1935
Reported in : AIR1935Cal316,165Ind.Cas.497
..... stood charged in the present proceedings, and that therefore the fact that he was convicted of certain offence under the opium act by the chief presidency magistrate of calcutta on 3rd december 1930, ought to operate in such as way as to enable fazaldin to rely on the plea of autrefois convict ..... have been taken into consideration. mr. talukdar however put these dates before the court for the purpose of founding his argument that in december 1930, the police were or ought to have been in a position to charge fazldin with an offence very similar if not entirely identical with the offence with which he ..... anything of the kind would be utterly unreasonable and indeed absurd.7. the real position seems to have been this: that on 14th september 1931 the police put forward a charge upon which the accused were subsequently tried on 5th october 1931. the trial was opened and the public prosecutor of alipore on ..... 11th august 1930. choonnoo mia and hafizar rahaman, two of mr. daud's clients were charged in the year 1931 before the police magistrate at alipore with charges under section 9, opium act, in respect of possession of 29-1/2 seers of opium on 18th march 1931 at choonnoo's house at kidderpore. choonnoo ..... the house of razaldin who was also described as fazlu, was raided. in december 1930, the third set of accounts came into the hands of the police. these accounts constitute the first set of accounts which, according to the arguments put forward by mr. n. k; basu on behalf of abdul .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-19-1935
Reported in : AIR1936Cal145
..... safety of the public but also to secure their comfort and convenience. whether in fact a poor performer should be bound to take license both under the cinematograph act and under the calcutta municipal act is a matter for the high authorities to determine. as the law now stands the plaintiffs were under obligation to take a license from the corporation. then it ..... police they were not bound to take a further license from the corporation of calcutta and the action of the corporation officer was ultra vires and oppressive and they claimed damages ..... facts in short are these: the plaintiff, the monarch bioscope co., which is a peripatetic bioscope co., obtained a license from the commissioner of police, calcutta, to exhibit at a certain mela within the corporation of calcutta, and according to their license they were opening the cinema show on 23rd april 1929. they had put up their temporary erections and were selling their ..... tickets when a corporation officer appeared with police help and prevented the company from exhibiting the cinema show on the ground that they had not taken a license from the corporation of calcutta. the plaintiffs' case is that after they obtained a license from the commissioner of .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-06-1935
Reported in : 165Ind.Cas.489
..... guiding principle in ordinary particulars is to prevent the defence from being embarassed and to insure a fair and effectual trial and there is nothing in the calcutta municipal act to show a departure from that principle. i note that a similar argument was put forward by mr. dickens, k.c. in the hazel v. ..... introduced 'yusuf' to the polling booth, that 'yusuf' said atoo khalifa could identify him and that after 'yusuf' had made a statement to the police officer the latter went in search of atoo khalifa who had in the meantime removed himself from the premises. there seems little doubt that atoo is a person ..... the arrest the respondent's agent asked him to let 'yusuf' off, but nasiruddin refused to interfere as the matter was in the hands of the police. later the respondent himself came to his tent with a, large crowd of people and asked nasiruddin to let him off.53. the respondent denies being ..... khalifa who he says was working for the respondent and bringing candidates to the poll. he also says that 'yusuf' made a confession or statement to the police after arrest. dr. de, nasiruddin's election agent in that booth, says that no one identified. 'yusuf' but that 'yusuf' said he could get ..... signing 'mohammad shafi' he signed 'mohammad yusuf' in urdu. the presiding officer was unable to read urdu, but the signature was translated to him and the police were then called and the elector to whom i shall refer as 'yusuf' was given into custody. there is no doubt that 'yusuf' signed as stated .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-16-1935
Reported in : 164Ind.Cas.907
..... it is said, bring the defendant within the jurisdiction of this court. now the defendant gave evidence on commission and was cross-examined. his agent at calcutta gave evidence. his agent at hathwa gave evidence and mr. beal, the plaintiff, gave evidence. from that evidence the following facts appear to be established. ..... , though temporarily, residing at the time the suit was brought:--held that, the defendant 'dwelt' at b, within the meaning, of section 5 of act viii of 1859, and was therefore subject to the jurisdiction of the court at meerut.22. the passage i should like to refer begins from the top ..... petition ordinarily resided or had a dwelling house or place of business in england as required by section 6, sub-section 1(d) of the bankruptcy act of 1883. the debtor was a financial agent, an american, and his wife and family resided at brussels. on november 10, 1886, he took ..... section 1, sub-section 3 the code, is with the exception of certain sections not here in point, excluded from the scheduled districts, and by act xxiv of 1839 the district in which the lands above referred to are situate was scheduled. the learned judges of the high court thought that the matter ..... will be confirmed and the appointment made permanent.2. that was signed by the' defendant. pursuant to that agreement the plaintiff entered upon his duties and acted as agent for the defendant at hathwa. on june 7, 1934, the plaintiff received this letter addressed from hathwadear mr. beal,i have been instructed .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-07-1935
Reported in : AIR1936Cal414,166Ind.Cas.297
..... the congress session. but they complained of the fact that he had not informed them of his subsequent changes of address in bombay and calcutta. in my opinion the assam act does not and is not intended to apply to such a person outside the limits of assam. but the assam authorities are interested in ..... he was only going there to attend the congress session as the representative of a local newspaper. however he gave the authorities this information, and if the police had been vigilant it would have been comparatively easy for them to have got into touch with the appellant when he was attending the congress session at ..... left sylhet on the same evening. the appellant returned to sylhet on 2nd december 1934. on 26th november 1934 he wrote a letter from calcutta stating that at bombay he had stayed at abdul gafur nagar (the congress site) and had been detained by illness and that he had arrived at ..... october 1934 he wrote a letter to the superintendent of police, sylhet, to say that he was starting for bombay that evening to attend the congress session as a representative of a local weekly, and ..... for six months. the appellant was served with a notice under section 16 (1) (a) of the act on 7th august 1934, directing him to notify his residence and any change of residence to the superintendent of police, sylhet. the appellant was then residing at sylhet town and he notified his residence duly. on 21st .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-08-1935
Reported in : AIR1936Bom171; (1936)38BOMLR117
..... is entitled to possession of the property. that is the rule which prevails in madras (see karuppanan v. guruswami i.l.r.(1933) mad. 654 and in calcutta (see sattar ali v. afzal mahomed i.l.r. (1926) cal. 283) and this court recently held that the same rule applies to a case arising ..... title in order to determine the best right to possession. but where it appears that the police have seized property from a person who is not shown to have committed any .offence in relation to that property, then in my opinion the magistrate ..... property.2. under section 523 what the magistrate has to consider is, who is entitled to the possession of property which has been seized by the police. where it is proved that the person from whose possession the' property was seized came by it dishonestly, the magistrate may have to consider questions of ..... that presumption could be rebutted. after the discharge of the accused, the question arose as to what was to be done with the property which the police had seized. apparently this court by an order made on october 4, 1934, directed the magistrate to take action under section 523 issuing a proclamation, ..... discharge the accused as there was no sufficient evidence to place them on a charge-sheet. the police were of course well aware of the presumption that arises under section 114 of the indian evidence act that a man in possession of property shown to have been stolen soon after the theft is presumed .....Tag this Judgment!