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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Year: 1936 Page 1 of about 334 results (0.117 seconds)

Apr 29 1936 (PC)

Hari Charan Banerjee and anr. Vs. Emperor

Court : Kolkata

Decided on : Apr-29-1936

Reported in : AIR1936Cal355,163Ind.Cas.152

..... articles were found in the premises except a racing -book ex. 3. this is all the evidence on which the accused have been found guilty under section 45 of act 5 of 1866 (calcutta police act). this evidence appears to me to be totally insufficient to show that the accused were found gaming in a common gaming house or present during any gaming or playing ..... orderjack, j.1. this rule was issued on the chief presidency magistrate to show cause why an order convicting the petitioners under section 45, act 4 of 1866 (calcutta police act), and sentencing them to pay a fine of rs. 100 each, should not be set aside on the ground that there was no evidence to show that gaming was taking ..... that the premises where the gaming is alleged to have been taking place was a common gaming house within the meaning of section 3 of the act. the evidence is that a sub-inspector of police sent one banku behary pal to 28, chutarpara lane, with a slip of paper containing the names of 16 horses and with an amount of betting .....

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Aug 07 1936 (PC)

Phani Bhusan Kumar Vs. Emperor

Court : Kolkata

Decided on : Aug-07-1936

Reported in : AIR1937Cal637

..... nasim ali, j.1. the appellant has been convicted by the fourth presidency magistrate of calcutta under section 44, calcutta police act (act 4 of 1866) and sentenced to pay a fine of rs. 400, in default one month's rigorous imprisonment. the accused was charged with keeping a common ..... he was working at his table in the office room, inspector r.n. gupta of the calcutta police searched the appellant's person and table on the authority of a search warrant issued by the deputy commissioner of police, under section 46 of the act and seized three slips of paper exs. 2, 3 and 4, a slip pad ex ..... in betting on race horses and that he never received any bets from anybody. the case of the appellant is that immediately before the police arrived at the place, p.w. 3 jamani told him that he was going upstairs to get pension commutation form for commuting his pension and left exs ..... held to be instruments of gaming as they were used for the express purpose of facilitating betting operations which were in progress at the time when the police raided the house and seized them. it is true that in the present case exs. 2 and 3 were seized at a time when betting operations were ..... documents were written for facilitating betting operations in any place other than the room where they were seized. they are therefore evidence under section 47 of the act to show that the room in question was being used as a common gaming house.3. the defence of the appellant however is that he never indulged .....

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Sep 28 1936 (PC)

Dr. Ranga Lal Sen Vs. Emperor

Court : Kolkata

Decided on : Sep-28-1936

Reported in : AIR1936Cal788

..... be quite insufficient to show that this consulting room was a common gaming house. the prosecution in fact relied on the provisions of section 47, calcutta police act, and contend that the finding of the betting slips is evidence that the consulting room is used as a common gaming house and that sen ..... ranga lal sen. he has been convicted of offences punishable under sub-section 44 and 45, calcutta police act. the other appellant is one mr. jacob who was convicted of an offence punishable under section 45 of that act. the facts are extremely simple. the alleged common gaming house is situated in a consulting ..... . 100 and in default of payment to suffer one month's rigorous imprisonment. in pursuance of a warrant issued by the deputy commissioner of police, detective, department, calcutta, the eastern drug stores at no. 17, park street, was searched on 27th june last and in the consultation room of the said ..... aside.r.c. mitter, j.7. the appellant dr.ranga lal sen has been convicted of offences punishable under sub-section 44 and 45, police act (4 of 1866) and sentenced to pay fines of rs. 200 and rs. 100 respectively, and in default of payment to suffer rigorous imprisonment for one month ..... gaming house. we are certainly not prepared to assent to that proposition; on such a construction the elaborate definition contained in section 3 of the act would be wholly unnecessary. the question has been considered in two cases to which our attention has been drawn. in walvekar v. emperor 1926 cal .....

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Nov 27 1936 (PC)

J.B. Beattie and ors. Vs. Emperor

Court : Kolkata

Decided on : Nov-27-1936

Reported in : AIR1937Cal84

..... delivered, we expressed our opinion as to the meaning of the words common gaming-house' and also the meaning and effect of section 47, calcutta police act. i do not desire to add to anything which was said on that occasion. but the result is that, if the written statements filed by ..... these written statements is not, of course, strictly evidence under the criminal procedure and the ordinary rules of evidence required in criminal courts. the calcutta police act and those sections which it contains dealing with betting and gambling are not examples, in my opinion, of very satisfactory statutory draftsmanship. the pivot ..... considerable difficulty with regard to my decision. appellant 1, mr. j.b. beattie, was convicted by the officiating fourth presidency magistrate under section 44, calcutta police act, for owning, occupying and having the use of the premises used as a common gaming house. under this conviction he was sentenced to pay a ..... section but under another part of it for managing or having the care of this firm and he was further convicted under section 45, police act, for being engaged in gambling on the premises.2. under the first conviction he was sentenced to a fine of rs. 400 with an ..... he could have considered which proved conclusively that mr. beattie did own or occupy these premises. certain correspondence and books were seized by the police at the time that the place was searched.5. but they did not clearly indicate what the position of mr. beattie was. the office .....

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Jan 24 1936 (PC)

Rex Vs. John Mciver

Court : Chennai

Decided on : Jan-24-1936

Reported in : (1936)70MLJ635

..... that it was doubtful whether the facts which could be proved would constitute theft, or receiving stolen property or an offence under section 54-a of the calcutta police act....it seems to us that the petitioner in the present case is about to be tried a second time on the same facts for an offence cognate ..... charged in the alternative, bars a subsequent trial for. an offence under section 54-a of the calcutta police act. the judgment of the bench (at page 731) points out,the present proceedings relate to the same act or series of acts to which the previous trial related, and it appears to us that before that trial it might have ..... j., that it is only after that stage that a point can be said to 'arise'. i prefer this view to that expressed by a bench of the calcutta high court in mahammad yusuf v. emperor i.l.r. (1931) 58 cal. 1214, namely that a trial only commences after the empanelling of the jury. ..... for theft or mischief or both, while in ganapathi bhatta v. bmperor : (1913)24mlj463 in which a false complaint was made by the accused to the. police, it was doubtful whether the offence committed was under section 211 or section 182 of the indian penal code. so also in begu v. king emperor (1925) ..... theft on the same facts. however he thought that the imputed offences of mischief and theft were not distinct offences, nor was there a series of acts but one act or transaction only, the cutting of the tree and the removal of the branches cut. it seems to me that the cutting of the tree .....

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Jan 24 1936 (PC)

Emperor Vs. John Mciver

Court : Chennai

Decided on : Jan-24-1936

Reported in : AIR1936Mad353

..... 236 that it was doubtful whether the facts which could be proved would constitute theft, or receiving stolen property or an offence under section 54-a, calcutta police act....it seems to us that the petitioner in the present case is about to be tried a second time on the same facts for an offence cognate to ..... .c. charged in the alternative, bars a subsequent trial for an offence under section 54-a, calcutta police act. the judgment of the bench (at p. 731), points out:the present proceedings relate to the same act or series of acts to which the previous trial related, and it appears to us that before that trial it might have ..... j. that it is only after that stage that a point can be said to 'arise.' i prefer this view to that expressed by a bench of the calcutta high court in mahomed yusuf v. emperor 1931 58 cal 1214, namely, that a trial only commences after the empanelling of the jury. i it were otherwise ..... theft or mischief or both, while in ganapathi bhattu v. emperor (1913) 36 mad 308, in which a false complaint was made by the accused to the police, it was doubtful whether the offence committed was under section 211 or section 182, i.p.c. so also in begu v. emperor 1925 6 lab 226, ..... theft on the same facts. however he thought that the imputed offences of mischief and theft were not distinct offences, nor was there a series of acts but one act or transaction only, the cutting of the tree and the removal of the branches cut. it seems to me that the cutting of the tree constituted .....

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Oct 12 1936 (PC)

The Crown Prosecutor Vs. Syed Kasim and ors.

Court : Chennai

Decided on : Oct-12-1936

Reported in : 166Ind.Cas.665; (1936)71MLJ863

..... . 718 has also no bearing, for there the warrant was held to be defective because the commissioner had not complied with all the formalities required by section 46 of the calcutta police act and because, the statement in the warrant was that there was 'cause to suspect' and not that the magistrate had 'reason to believe.' the decisions relied on by the accused ..... court in two decisions, namely, in re subbier1 and subramania aiyar, in re : air1936mad65 . the former was a, case under section 42 of the madras city police act and mr. justice cornish observed:section 42, madras police act, does not require a sworn information as a condition to the issue of a warrant. it is sufficient, therefore, in my opinion, that the warrant should ..... are appeals by the crown prosecutor against the orders of the second presidency magistrate, madras, acquitting the accused of offences punishable under sections 45 and 46 of the madras city police act (iii of 1888).2. on information laid before him that a common gaming house was being kept on the premises no. 40, cemetery road, royapuram, the assistant commissioner of ..... articles. the accused and others who were found there were arrested and charges under sections 45 and 46 of the madras city police act were laid against them. the tenant of the house was charged under section 45 of the act in the one case, and the others were charged under section 46. the learned presidency magistrate holding that as the warrant of .....

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Oct 12 1936 (PC)

Emperor Vs. Syed Kasim

Court : Chennai

Decided on : Oct-12-1936

Reported in : AIR1937Mad179

..... 1926 cal 966, has also no bearing, for there the warrant was held to be defective, because the commissioner had not complied with all the formalities required by section 46, calcutta police act, and because the statement in the warrant was that there was 'cause to suspect' and not that the magistrate had 'reason to believe.'5. the decisions relied on by the ..... , in re subbier air 1935 mad 98 and in re subramania iyer air 1936 mad 65. the former was a case under section 42, madras city police act, and mr. cornish, j. observed:section 42, madras police act, does not require a sworn information as a condition to the issue of a warrant. it is sufficient, therefore, in my opinion, that the warrant should ..... seized several articles. the accused and others who were found there were arrested and charges under sections 45 and 46, madras city police act were laid against them. the tenant of the house was charged under section 45 of the act in the one case, and the others were charged under section 46. the learned presidency magistrate, holding that as the warrant of ..... presidency magistrate, madras, acquitting the accused of offences punishable under sections 45 and 46, madras city police act (3 of 1888). on information laid before him that a common gaming-house was being kept on the premises no. 40, cemetery road, royapuram, the assistant commissioner of police, who is a justice of peace, for the town of madras issued a warrant, ex. a .....

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Sep 08 1936 (PC)

Guardian Assurance Co. Ltd. Vs. Thakur Shiva Mangal Singh

Court : Allahabad

Decided on : Sep-08-1936

Reported in : AIR1937All208

..... institution of a suit has apparently expired and the only other remedy, if this application is dismissed, would be to proceed to file the agreement in the calcutta high court under the arbitration act. we therefore think that before we finally decide this point and also before we make up our minds as to the question of costs we should allow the ..... carrying on business on behalf of the assurance co., that separate account books are maintained as regards the business of this company in calcutta, that the company is paying the license tax to the calcutta corporation hinder the calcutta municipal act, that it has undoubtedly got messrs. andrew yule & co. and its agents who have been authorized under a duly executed power-of-attorney ..... where the subject matter in dispute could be the subject of a suit, brought in the presidency town of calcutta and that accordingly under section 2, arbitration act, that act applied to this case. it is then urged that under section 3 of that act, paragraphs 523 to 526 of the old code (corresponding to paras. 17, 19, 20 and 2l) cannot apply to ..... view to depriving his client of all remedies and he has expressed the apprehension that when an application under the arbitration act is made in the calcutta high court, the company would take the plea that the agreement is not enforceable in calcutta and that no arbitration proceedings can take place, and in that way evade the payment and their liability without having .....

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May 14 1936 (PC)

Deokinandan Vs. Emperor

Court : Allahabad

Decided on : May-14-1936

Reported in : AIR1936All753; 165Ind.Cas.701

..... ,that the words 'police officer' in the evidence act should be understood in their technical meaning as disclosed by the police act, the police regulations and the criminal p.c. is not without some force.4. on the other hand, the preponderance of authority appears to ..... also are in no sense wider than those conferred on such other persons. he is certainly not invested with other powers conferred upon police officers by the criminal p.c. the indian evidence act was passed in 1872, after the police act of 1861 was passed and the earlier criminal p. c of 1861 was in. force. the contention of the learned government advocate ..... may understand by it what is understood in common parlance as indicating an officer belonging to the police force, or one may refer to the police act and police regulations for the purpose of ascertaining who is a police officer. under act 20 of 1856 a body of persons called chowkidars were those whose number and grade of salary had to be fixed by magistrates and ..... , although he was also a deputy commissioner in the city of calcutta where the confession was actually recorded. although, therefore, he had not the jurisdiction of a superintendent of police within the limits of the presidency town, he was certainly a member of the police force within the meaning of the bengal act. it is no wonder, therefore, that the learned chief justice held .....

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