Court : Kolkata
Decided on : Jan-24-1956
Reported in : AIR1956Cal157,1956CriLJ532
..... , enquiring into, trying or otherwise dealing with such offences.'it is therefore clear that in the absence of any specific provisions in the act the procedure laid down in the code will have to be followed. as i have already indicated the calcutta police act does not devise any kind of special procedure for trial of offences or otherwise dealing with them under that ..... when a charge of contravention of section 38a has been proved before him.9. the calcutta police act is a special statute enacted for the better regulation of the police in the suburbs of the town of calcutta which by that act are excluded from the general police districts of bengal. the main purpose of the act seems to be to provide for the proper regulation of the ..... .1. this revision petition is directed against an order of a magistrate at alipore forfeiting a cycle rikshaw under section 38a, calcutta suburban police act (bengal act 2 of 1866).2. one narendra nath was convicted under section 38a of the bengal act 2 of 1866 for having as alleged plied a rikshaw without a licence. upon conviction the rikshaw was forfeited by the learned magistrate by ..... act with the result that the procedure indicated in the code is attracted by reason of the provisions of section 5 of the code.it .....Tag this Judgment!
Court : Orissa
Decided on : Nov-06-1956
Reported in : AIR1957Ori112
..... as a member of the regular police force and thus had the protection under article 311. ..... , air 1955 cal 556 (g). to begin with, that was a case of a wholetime servant of the calcutta special constabulary under the calcutta suburban police act (bengal act 2 of 1866), where the special police officer appointed under section 12 of the act was afforded the same protection ..... appointed as extra-departmental branch post-masters without the previous consent of their superior officers or employers as the case may be, a police officer who is not a pensioner may not be employed as an extra departmental agent without the previous sanction of the director-general.' further ..... general was void and for recovery of his arrears of salary. the chief secretary to the government wrote to the inspector general of police that the order of dismissal was untenable and the appellant was to be reinstated at his instance. on appeal by the state of ..... act of 1935, should also be understood in the light of this longstanding practice. the same view was adopted by the supreme court in a case reported in shyamlal v. state of u. p., air 1954 sc 369 (f). mr. ramdas referred us to a decision reported in brojo gopal sarkar v. commissioned of police .....Tag this Judgment!
Court : Orissa
Decided on : Nov-13-1956
Reported in : AIR1957Ori39; 23(1957)CLT1; 1957CriLJ384
..... in radhakishun marwari v. emperor, air 1932 pat 293 (sb) (a) it was held that an excise officer exercising powers under the bihar and orissa excise act read with the dangerous drugs act, was not a ''police officer' and that a confession made to him by an accused person was therefore admissible in evidence not being hit by section 25 of the evidence ..... of 1951 by which a new section namely section 20-a, was inserted conferring on excise officers powers of an officer in charge of police station for the purpose of investigation of an offence under the opium act. the madras amendment was not so elaborate as the orissa amendment of 1939; and the detailed provisions such as sections 20-b to 20 ..... bar imposed by section 162, cr. p. c. and it is unnecessary to decide whether it will also be inadmissible as a 'confession before a police officer' within the meaning of section 25 of the indian evidence act 9. the correctness or otherwise of air -1932 pat 293 (a) does not therefore really arise for consideration here, but, i may point out ..... purpose of investigating a criminal offence, and should be held to be a police officer for the purpose of section 25 of the ind. evi. act also. in a recent division bench decision of the madras high court reported in public prosecutor v. paramsivan air 1953 mad 917 (d) the calcutta and bombay views were preferred to the patna view. 2. the patna .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-06-1956
Reported in : AIR1956All689
..... air 1926 cal 966) (s) where the question that arose related to the validity of a warrant issued under section 46, calcutta police act (bengal act 4 of 1863). section 46, calcutta police act authorised the issue of a warrant when after certain preliminaries had been complied with the issuing officer had reason to believe that any ..... v. bhanji munji : 1scr777 . that case related to an order passed for requisitioning certain premises under the bombay land requisition act, 1948 (bombay act 33 of 1948). the order impugned merely stated that on enquiry it had been found that the premises had become vacant and therefore in ..... had no legal force and there did not already exist an industrial tribunal exercising jurisdiction of a industrial court under section 3, industrial disputes act, makes this reference incompetent. in our opinion, this order should be read as a self-contained order making provision for settlement of the particular ..... for the settlement of industrial disputes and 'other incidental matters. this makes it clear that, though one of the principal purposes of the act was to provide for the settlement of industrial disputes the legislature thought it fit to confer power on the state government to make provision ..... the order is not in my view in accordance with the act.' it was held that the person disobeying such an order could not be convicted for doing so. this view was followed by a learned single judge of the calcutta high court in khudi prosad v. state of west bengal, .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-06-1956
Reported in : AIR1956Cal180,1956CriLJ610
..... extended to the municipality of howrah then in the absence of a notification in the official gazette to the contrary the power so exercisable under the calcutta municipal act will be equally exercisable under the calcutta municipal act as extended to howrah. the only relevant question in this case is whether section 365 has or has not been extended to the municipality of ..... it seems to me that the words used are quite wide and without qualification; and when the legislature thought fit to confer on the municipality powers under section 365, calcutta municipal act, 1923 as extended to howrah, those powers may well be exercised by the municipality of howrah. there is no occasion whatever for the issue of a notification authorising the ..... been made upon a misconception of the law applicable to the municipality of howrah. it has been argued that the provisions of the calcutta municipal act including section 365 of that act have been bodily incorporated in the calcutta municipal act, 1923 as extended to howrah. that being so, power has been given to the municipality to stop progress of building work unlawfully ..... opposite party was prosecuted for unauthorised construction and completion of masonry structure on the 1st floor of her premises ignoring a notice served upon her under section 365(1), calcutta municipal act as extended to howrah. three witnesses were examined on behalf of the prosecution but no one was called on behalf of the defence. the learned magistrate thereafter proceeded to .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-27-1956
Reported in : AIR1956Cal470
..... points, are not involved in deciding the issue of the statutory capacity of the corporation to refer disputes to arbitration.16. it is plain that neither the calcutta municipal act, 1951 nor the calcutta municipal act of 1923 grants express power to the corporation to refer disputes to arbitration. such power, if any for the corporation has to be found either by construction ..... the right of action or suit expressly granted by the statute.30. now about the actual scope and language of a section like section 585, calcutta municipal act of 1951 corresponding to section 537, calcutta municipal act of 1923 a glance at that section will show a statutory provision such as this:'the corporation may institute and prosecute any suit or withdraw from ..... and therefore such a penal provision was not allowed to be extended to operate as a bar on arbitration proceedings. the context of section 585, calcutta municipal act of 1951 as well as section 537, calcutta municipal act of 1923 appear! to indicate that the word legal proceedings should be construed to include arbitration proceedings.33. the next objection taken to the award ..... or compromiseany suit or claim * * * whichhas been-instituted or made in the name of thecorporation.' (section 585(g), calcutta municipal act. 1951).the question therefore arises, if the corporation is given the power to compromise any 'claim' then why it should not have the power to compromise a claim by the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-21-1956
Reported in : AIR1957SC397; 1SCR233
..... the union of india (supra). the case of the assessee there had been transferred by the central board of revenue under s. 5(7a) of the act from the income-tax officer, district iii, calcutta, to the income-tax officer, special circle, ranchi. the order was an omnibus wholesale order of transfer expressed in general terms without any reference to any particular ..... complained against as unconstitutional and void invalidating the proceedings which were continued and subsequently instituted by the income-tax officer, central circle iv, calcutta, against the petitioner on the score of the unconstitutionality of s. 5(7a) of the act. it may be noted, however, that these order were all prior to the constitution and having been made on july 27, ..... , however, are not material for our purposes, the only order challenged being the order of the commissioner of income-tax central, calcutta, dated july 27, 1946, which was passed under s. 5(7a) of the act. 10. petitions nos. 225 to 229 of 1956 : these petitions may be classed as the raichur group. they concern the assessment for the respective assessment ..... july 27, 1946, and further proceedings were entertained against the petitioners by the income-tax officer, central circle iv, calcutta, immediately thereafter. all these proceedings culminated in assessment orders and certificate proceedings under s. 46(2) of the act were also taken by the authorities against the petitioners for recovery of the tax so assessed before the advent of the constitution. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-21-1956
Reported in : 31ITR565(SC)
..... . union of india and others. the case of the assessee there had been transferred by the central board of revenue under section 5 (7a) of the act from the income-tax officer, district iii, calcutta, to the income-tax officer, special circle, ranchi. the order was an omnibus wholesale order of transfer expressed in general terms without any limitation as to ..... complained against as unconstitutional and void invalidating the proceedings which were continued and subsequently instituted by the income-tax officer, central circle iv, calcutta, against the petitioner on the score of the unconstitutionality of section 5 (7a) of the act. it may be noted, however, that these orders were all prior to the constitution and having been made on 27th july, 1946 ..... , however, are not material for our purposes, the only order challenged being the order of the commissioner of income-tax central, calcutta dated 27th july, 1946, which was passed under section 5 (7a) of the act.petitions nos. 225 of 1956 to 229 of 1956 : these petitions may be classed as the raichur group. they concern the assessment of the respective ..... july 27, 1946, and further proceedings were entertained against the petitioners by the income-tax officer, central circle iv, calcutta, immediately thereafter. all these proceedings culminated in assessment order s and certificate proceedings under section 46 (2) of the act were also taken by the authorities against the petitioners for recovery of the tax so assesses before the advent of the .....Tag this Judgment!
Court : Chennai
Decided on : Jul-16-1956
Reported in : AIR1957Mad115
..... and the money forms part of the assets of the deceased and is liable for his debts.the second case which is the latest decision of the calcutta high court, is ramballav v. gangadhar, wherein it washeld:"where the nomination in the endowment insurance policy of the deceased judgment-debtor stated: 'i ..... and the assured in his lifetime can freely assign the benefit of the policy.35. these principles are clearly brought out in two decisions of the. calcutta high court to which our attention has been invited by the learned advocate mr. nambiar. the first decision is air 1928 cal 518 (k). in ..... .16. the facts are:- the deceased dhana-kodi mudaliar had taken out two life insurance policies for rs. 5000 each in the national insurance company limited, calcutta. this dhanakoti mudaliar had become indebted to the indian insurance and banking corporation limited, salem. the bank instituted o. s. no. 131 of 1948 and ..... assured. but the nomination could not be construed as one made under section 6 of act iii of 1874.therefore, the calcutta high court held that the wife was not entitled to the money as the women's property act did not apply and there was no trust in her favour by virtue of section ..... 135 of the transfer of property act. the transfer of an actionable claim could be effected only by an instrument in writing signed by the transferor or by his duly authorised agent and thereupon all rights and remedies of the transferor vest in the transferee whether police of transfer had been given or .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-01-1956
Reported in : 1957CriLJ63
..... be open to the howrah municipality to stop the nuisance by not allowing the factory to run there, with police help, if necessary. the order was made under section 535, calcutta municipal act 1923 which has been extended to howrah. it was made after an enquiry on the petition of certain persons ..... municipality against the petitioners out of malice as they failed to secure the conviction of the petitioners in two cases under sections 385 and 386, calcutta municipal act. on behalf of the first party, i.e., the howrah municipality five witnesses were examined and two witnesses were examined on behalf of the ..... a division bench of this court in the case of pnnchu copal mondal v. corporation of calcutta : air1953cal410 . in that case the proceeding before the magistrate was a proceeding under section 363 of the calcutta municipal act. on behalf of the howrah, municipality reliance was placed on the case of krishen doyal ..... v. the corporation of calcutta : air1927cal509 in which it was held that the persons proceeded against under section 363 of the calcutta municipal act were not accused persons within the meaning of the code of criminal procedure and were not ..... or where the removal of a nuisance is to be ordered, the proceedings are certainly of a quasi-criminal nature, and as the municipal act itself does not lay down a procedure for the inquiry, there is hardly any reason why the magistrate, who is to hold the inquiry, .....Tag this Judgment!