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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Year: 1939 Page 1 of about 274 results (0.115 seconds)

Jan 05 1939 (PC)

Sudhir Kumar Roy Vs. Emperor

Court : Kolkata

Decided on : Jan-05-1939

Reported in : AIR1939Cal326

orderedgley, j.1. in this case, the petitioner has been convicted under section 45, calcutta police act (bengal act 4 of 1866). it is said that he was found in a common gaming house which was used for the purpose of gambling in connexion with horse-racing. in the case of this ..... , the onus clearly lay upon the prosecution to show that the house in which the petitioner was found was a common gaming house as denned in section 3 of the act. in order to satisfy the requirements of this section, it would be for the prosecution to show that instruments of gaming were kept or used in that house for the ..... examined the slip of paper; and, in my opinion, it cannot be said that it fulfils the requirements of the definition of 'instruments of gaming' under section 3 of the act nor is there any evidence on the record to show that the slip in question was in fact an instrument of gaming or that the petitioner was using it for .....

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Aug 28 1939 (PC)

Chandra Sekhar Mukherjee Vs. Corporation of Calcutta and ors.

Court : Kolkata

Decided on : Aug-28-1939

Reported in : AIR1940Cal67

..... in carrying on its operations. it was held further that no proper sanction of the corporation was taken as is contemplated by proviso 1 to section 371(1), calcutta municipal act, and as the act of the corporation amounted to a nuisance in law, the plaintiff was entitled to the injunction prayed for.3. against this decision an appeal was taken to the ..... arrangements for deposit and disposal of all refuse, filthy matters and dead bodies of animals which would otherwise injure the health and comfort of the rate payers. section 371(1), calcutta municipal act, provides that the corporation shall provide or appoint in proper and convenient situations public receptacles, depots and places for the temporary deposit or final disposal of rubbish, offensive matter ..... belongs to a private owner, as has been attempted to be done in the present case. his point is that the word 'public' which occurs before 'receptacles' in section 371, calcutta municipal act, qualifies the expressions 'depots' and 'places' as well, and unless the place is a public place, section 371 has got no application. this interpretation, he says, is fortified by ..... attract the operation of section 56(i) the alternative remedy must be certain and equally efficacious. i do not think that the redress if any provided for by section 535, calcutta municipal act, fulfils either of these conditions. it is neither effective nor certain. here the corporation is to execute the orders of the magistrate against itself, and there is no powers .....

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Aug 31 1939 (PC)

K. Hoshide and anr. Vs. Emperor

Court : Kolkata

Decided on : Aug-31-1939

Reported in : AIR1940Cal97

..... by means of an order made by a magistrate under section 155(2). it is unnecessary to speculate whether this would have the effect of converting an examination by the calcutta police of documents into an investigation, because in fact no such order was thought of in the present case. the provisions of section 94(1) do not seem to have been ..... in anybody's mind as to the reasons which (impelled the magistrate to issue the search warrant. the learned magistrate considered that the investigation by the customs authorities and the calcutta police constituted an enquiry under the code and that as there was such an enquiry pending at the time of the application for a search warrant he was justified under the ..... that such a proceeding by the customs authorities was not an investigation under he code. an examination of the petitioner's books by the calcutta police would also have failed to satisfy the definition of investigation, because the calcutta police have no power to conduct proceedings under the code for the collection of evidence, since the provisions of ch. 14 which confer such power ..... a magistrate in the course of an investigation under ch. 14 of the act, and the point for consideration is, whether the investigation, in the course of which the statement in question was made, was an investigation under that chapter.the investigation was by the calcutta police in the town of calcutta, and unless there is some specific provision making ch. 14 applicable to .....

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Jun 15 1939 (PC)

Emperor Vs. Makhan Lal Dutt and ors.

Court : Kolkata

Decided on : Jun-15-1939

Reported in : AIR1940Cal167

..... . emperor : air1924cal542 , in which it was held that an accused person has the right to see the statements recorded by the investigating police under section 47-a, calcutta suburban police act, and use them for purposes of contradiction in accordance with section 145, evidence act. ordinarily therefore i would have ruled in the present case that the entire signed statement of the witness to the ..... police excluding only such portions as are not relevant to the case should go in as evidence. this would have brought on the record ..... haripado sardar. the witness not having been asked to express any opinion on this point at the trial his previous expression of opinion to the police would not be admissible under any section of the evidence act. it is not corroborative, because there is nothing to corroborate. in other words it should be treated as irrelevant. it is not contended by the ..... scope of section 163, evidence act, and whether the accused can be required to give it as evidence in the circumstances mentioned in that section. it may be explained at the outset that section 162, criminal p.c., has no application to the case because the code does not apply to the police in the town of calcutta unless expressly made applicable to .....

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Aug 01 1939 (PC)

Sheikh NizamuddIn Vs. Corporation of Calcutta

Court : Kolkata

Decided on : Aug-01-1939

Reported in : AIR1940Cal11

..... go on with the construction until formal sanction had been obtained. ultimately on 5th september 1935, on the application of the corporation under section 363, calcutta municipal act, the municipal magistrate served a notice upon the plaintiff to show cause against demolition of the construction. plaintiff was given due notice that the building ..... by the plaintiff. before going into the details of the case it. is necessary to set out the relevant provisions of the calcutta municipal act, 1911. section 319 of the act, provides that no. piece of land shall be used as a site for the erection of a new building and no new building ..... .12. the minutes record the fact that the owner (presumably the present plaintiff) was not present on the occasion, although he had been seen in calcutta that morning by mr. d.c. mozumdar, of 9 heysham row. there is no dispute about any of these facts. the main question that i ..... on 13th june 1935. meanwhile, the plaintiff was served with a notice on 21st may 1935 to stop construction. as he disregarded the notice, a police guard had to be posted on the premises on 27th may 1935 to prevent him from going on with the work. the guard was withdrawn on ..... refused to grant permission within a certain specified period, he cannot proceed with the work 'so as to contravene, any of the provisions of this act.' in the present instance the proposed construction has been found by the lower appellate court to contravene certain rules of this schedule, notably rules 23 and .....

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Jul 21 1939 (PC)

Nadimpalli Narayanaraju and Another Vs. Yennamsetti Suryanarayudu and ...

Court : Privy Council

Decided on : Jul-21-1939

..... the plaintiffs' claim to eject the first three respondents on the ground that the plaintiffs were landholders within the meaning of the madras estates land act (madras act 1 of 1908) and by s. 9 thereof could not maintain ejectment in the civil court against a ryot. the plaintiffs claim title under ex ..... the definition of "estate": but there is no presumption to that effect: the words cannot be ignored : and good reason must be found in the act itself for restricting their prima facie meaning. their lordships, as to the second ground, notice that not only does the definition of "estate" employ the ..... neither of the two grounds above-mentioned is free from difficulty. they discard all argument from the presumed general intention of the act as treacherous and inconclusive. but they cannot agree that "part of the estate" or "portion of the estate" does not refer to the land ..... some dissent. for a considerable number of years, tenants under such inamdars have been entitled to rely upon the special protection granted by the act to ryots and their lordships would be loath to disturb titles taken or dealt with on that footing. they do not conceal from themselves that ..... whether the plaintiffs' title if made out gives them the status of a "landholder " are to be found in certain sub-sections of s. 3 of the act. by sub-s. (2): "estate" means : (a) any permanently settled estate or temporarily settled zemindari ; (b) any portion of such permanently settled estate .....

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Mar 03 1939 (PC)

Ahmed Ibrahim Singapori Vs. the Collector of Surat

Court : Mumbai

Decided on : Mar-03-1939

Reported in : AIR1939Bom447; (1939)41BOMLR934

..... called upon to make a contribution to that fund, are the wakfs to which, under the principal act, the court directing a contribution to be made has jurisdiction, and that is in this case the surat district court.5. the view of the learned ..... and audit of accounts of wakfs, the institution and defence of suits and proceedings relating to wakfs, and generally carrying into effect the purposes of the act, be liable to pay to the wakf administration fund of the district concerned the contribution therein mentioned. in our opinion, the only wakfs, which can be ..... same court as that referred to in the principal act, under section 61, which is the section in question in the present case, it is provided that every wakf shall, for the purpose of meeting the ..... situate.4. under the bombay amendment act of 1935, the main act is amended in various particulars, but it seems to us that, throughout the whole of the amendments, 'the court' referred to is the ..... can direct the publication of certain notices, and under section 5 the mutwalli has to furnish the court with certain statements. in our opinion, throughout the act ' the court' referred to is the court mentioned in section 3, that is the court within the local limits of whose jurisdiction the wakf property is .....

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Feb 23 1939 (PC)

Shankarlal Jadhavji Joshi Vs. the Municipal Commissioner of Bombay

Court : Mumbai

Decided on : Feb-23-1939

Reported in : AIR1939Bom431; (1939)41BOMLR911

..... petitioner and the person filing the claims and objections were rival candidates for being elected as commissioner of a particular ward of the municipal town of calcutta. in such a case the omission to prepare and publish a revised list of voters was not consonant to right and justice, as it would ..... nature and coercive in its character. it must be further borne in mind that section 45 enables the court to make an order requiring any specific act or acts to be done or forborne from being done, and nothing else.4. in the first place, therefore, the applicant must show that his franchise ..... opinion this is not a bona fide application, and it cannot be sustained on its merits. the provisions of section 45 of the specific relief act under which the applicant seeks relief have not been complied with. the application is thereby vitiated, and the court cannot exercise in favour of the applicant ..... as contemplated by the section. the duty sought to be enforced on the municipal commissioner must be clear and obligatory, and1 the forbearing to do the acts he wants to dot must be clearly incumbent upon him. what is incumbent is not discretionary. there has been a de facto election, and what ..... the municipal commissioner of bombay, who is a person holding a public office within the meaning of that section, to forbear from doing certain specific acts mentioned in the petition in connection with the municipal elections held in bombay on february 7 last. the city of bombay is now divided into nineteen .....

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Apr 18 1939 (PC)

Mewa Ram Vs. Municipal Board

Court : Allahabad

Decided on : Apr-18-1939

Reported in : AIR1939All466

..... taken of the right to collect fees on the slaughter of animals which the council were entitled to levy under section 191, district municipalities act, madras act 4 of 1884. the suit was dismissed. the learned judges gave two rain reasons for dismissing the suit. the first was that the ..... view to show that section 294 is confined in its operation to cases with respect to which specific provision has been made in the act. the act does not make any provision about 'license, sanction or permission' being granted for the use of stands and it therefore follows that the ..... for hire except at the stands so appointed (vide p. 276 of muttra municipality rules, regulations, bye-laws).8. similarly the motor vehicles act which consolidates and amends the law relating to motor vehicles in british india and applies to the whole of the united provinces contains exhaustive provisions ..... stand in special contrast to the words 'for the regulation or prohibition of any description of traffic in the streets' used in the municipalities act and conclusively show that the regulation of traffic is something distinct from the regulation and control of vehicles. there is yet another reason in ..... the purpose of promoting or maintaining the health, safety and convenience of the inhabitants of the municipality and for the furtherance of municipal administration under this act. (2) in particular, and without prejudice to the generality of the power conferred by sub-section (1), the board of a municipality, wherever .....

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Jan 20 1939 (PC)

Sakti Nath Roy Choudhury Vs. Jessore United Bank Ltd. (Registered)

Court : Kolkata

Decided on : Jan-20-1939

Reported in : AIR1939Cal403

..... not published in their presence. there was no motive to suppress the sale proclamation. the property being zemindary the sale had been advertised in the calcutta gazette. the witnesses examined on behalf of the appellant are either his tenants or are under his control. under these circumstances we do not see ..... proclamation as published in the locality the description of the property was as follows:touzi no. 132/2 of the khulna collectorate, dihi bhadra, pergunah duran, police station satkhira in the district of khulna. names of mouzas within the mehal (names given) 16 annas sadar revenue rupees 6277-15-8 of which half, ..... of the first class of courts is primary but that of the second class is derivative; the foundation of jurisdiction of the latter being an act, namely the act of transfer, of the first class of courts. this idea is also brought out by the terms of section 42, for the powers ..... mentioned application was within three years of the decree, the execution proceedings were not barred by limitation under article 6 of schedule 3, ben. ten. act.21. it is necessary to observe, firstly, that the decree under execution was not a decree for sale. it was a rent decree which was ..... be entertained by that court. the article which governed the case was, according to the learned judges, article 6 of schedule 3, ben. ten. act. if that application could be entertained by that court the further contention of the decree-holder was that the application for execution filed on 27th august 1928 .....

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