Court : Kolkata
Decided on : Aug-07-1958
Reported in : AIR1959Cal123,1959CriLJ180,62CWN799
..... grant of a license by the commissioner of police, calcutta under section 39 of the calcutta police act 1866 read with section 6(2) of bengal act v of 1909 and section 3 of act vii of 1912. bhowmick had taken out such a license. section 39 of the calcutta police act 1866 (hereinafter referred to as the 'act') runs as follows:'the commissioner of police may at his discretion, from time to time ..... , is not a reasonable restriction and will be struck down. an arbitrary exercise of such power will also be declared void. (4). the provision contained in section 39 of the calcutta police act, 1866, whereby a citizen, in order to carry on the business of an eating house, is required to take out a license from the commissioner of ..... bad reason. keshav talpade v. emperor ; dwarka das v. state of jammu and kashmir, : 1957crilj316 .12. in commr. of calcutta police v. rolla ram, 51 cal wn 833 (h) gentle, j. had to deal with sections 65, 39 and 40 of the calcutta police act, 1866. it was argued there that the commissioner having issued a licence could, by virtue of section 22 of the general ..... secure 'good behaviour' from such a person. i must begin by pointing out that before me, the provision of the calcutta police act 1866, imposing a liability upon the keeper of an eating house to take out a license from the com-missioner of police, has not been challenged as an unreasonable restriction within the meaning of clause 5 of article 19. in fact, in .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-25-1958
Reported in : AIR1959Cal141,1959CriLJ307
..... excluded from the definition of the words 'gaming' or 'gambling' in the several repealed acts which are mentioned in section 18 of the said act, namely the howrah offences act, 1857, the calcutta police act, 1866 and the bengal public gambling act, 1867. it is, therefore, argued that so far as lotteries are concerned, they ..... have been expressly excluded from the scope of the said repealing act and also of the repealed acts. further, lotteries organised ..... . the petitioner in this case is the sole proprietor, editor printer and publisher of a monthly magazine called 'now india', published from calcutta. it is stated that through the said magazine the petitioner advertises, promotes and conducts prize competitions under the name and style of 'international ..... gambling & prize competition act, 1957 being west bengal act xxxii of 1957 (hereinafter referred to as the 'act'). the bill was assented to by the governor on 7-3-1958 and was published in the calcutta gazette on 12-3-1958. it is stated to be an act to consolidate and amend ..... the law relating to the prevention of gambling and to provide for the control and regulation of prize competitions. section 1 of the act came into operation at .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-09-1958
Reported in : AIR1958SC845; 1958CriLJ1355; 1983LC1701D(SC); 1983(13)ELT1305(SC); 1SCR821
..... to this court. 2. the appellant is shewpujanrai indrasanrai ltd., a private limited company incorporated under the indian companies act, 1913, and carrying on business at 69, manohar das street, calcutta. respondents 1 and 3 are the customs authorities concerned; respondent 2 is the union of india, and respondents 4 and ..... of india within the aforesaid period.' 6. on june 19, 1952, the appellant company filed a second writ petition in the high court of calcutta in which it asked that (a) a writ of certiorari do issue against respondents 1 to 3 calling upon them to produce the record of ..... company which was in these terms :- 'subject :- seizure of 9,478.19 tolas of gold at the government of india mint, strand road, calcutta. i have been directed by the collector of customs to inform you that the above case has been placed before him for adjudication by the superintendent, ..... justices (supra) the applicant was convicted and fined pounds 15 for failure to stop his vehicle on being so required by a police constable in uniform, contrary to the road traffic act, 1930, section 20, sub-section 3. the ground for the application was that the maximum penalty prescribed by section 20, ..... adjudging confiscation shall take and hold possession of the thing confiscated and every officer of police, on the requisition of such officer, shall assist in taking and holding such possession. section 186 of the sea customs act states, inter alia, that the award of any confiscation, penalty or increased rate of .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-12-1958
Reported in : AIR1959Cal640,1959CriLJ1163
..... contention of mr. dutt, in that case their lordships were dealing with a case of investigation by the calcutta police and section 156 of the code had not yet been extended to the calcutta police. accordingly, their lordships held that the investigation by the police was under the calcutta police act and not under the provisions of chapter 14 of the code. in the circumstances, their lordships held ..... that even though the report submitted by the police was a report within the meaning of section 190(1)(b ..... ) of the code on which the magistrate was entitled to take cognizance, still it was not a report of the police after investigation ..... of section 4(h) of the code and take cognisance thereon; and it could not be said that the learned magistrate after having taken cognizance on the police report into a non-cognizable offence acted illegally and without jurisdiction. in shivaswami's case ilr 51 bom 498: (air 1927 bom 440), their lordships of the bombay high court were following the .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-01-1958
Reported in : AIR1959Cal215,63CWN581
..... (c) by forwarding it by post in a prepaid letter addressed to the manager or agent at his office and registered under part iii of the indian post office act, 1866 (xiv of 1866). 11. it is an admitted fact that the bengal nagpur railway which was once administered by a railway company was being administered by the government at the relevant time ..... delivery is taken and that a written statement of articles missing or of the damage received must be sent forthwith to the claims officer, bengal nagpur railway, royal exchange place, calcutta, otherwise the railway will be freed from responsibility.' (b) at the time when the bengal nagpur railway was administered by a railway company, there was a public notification made as ..... , and for refund of overcharge or other claims required to be made on the agent and general manager, b. n. railway, calcutta may be served on the undernoted official : the claims officer, b. n. railway, no. 1 royal exchange place, calcutta. any notice served will be treated as equivalent to one served on the b. n. railway administration in compliance with the ..... refund of over charge or other claims required to be made on the agent and general manager, b. n. railway, calcutta, may be served on the under-noted official.... the claims officer, b. n. railway, no. 1, royal exchange place, calcutta. any notice served will be treated as equivalent to one served on the b. n. railway administration in compliance with the .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-24-1958
Reported in : AIR1959Cal45
..... . 81 of 1956 : : air1959cal36 . (judgment dated 21-11-1957). in that case, what was involved is the interpretation of section 229 of the calcutta municipal act, 1951. that section relates to the power of the corporation to levy licence-fee for advertisements. the particular case that was dealt with there related to advertisements ..... rs. 250/-, i need not deal with this aspect any further. to summarise, i hold that the imposition under section 548(2) of the calcutta municipal act 1951 read with section 443, as applied in the case of a cinema-house, is a license-fee and not a tax, and the amount ..... question is partly a question of law and partly a question of fact. the question of law is to determine as to whether in the calcutta municipal act, 1951 it was intended to treat it as a fee or a tax, and the question of fact will follow the determination of this question ..... committee, dated 5-2-1958 to increase the existing charges in respect of cinema only, under section 443 rend with section 548(2) of the calcutta municipal act, 1951, the procedure for levy and realisation of such fees was to be according to the terms of the resolution. no person was to keep ..... provision again as has been made in article 265. in the united states of america power of taxation is regarded as distinct from exercise of 'police power' or eminent domain.' our constitution evidently has also treated taxation as distinct from compulsory acquisition of property and has made independent provision giving protection .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-24-1958
Reported in : AIR1959AP562
..... power. the declaration was only tantamount to notice to the assured which the company could waive and disregard at pleasure.'thus while the insurance act brings within the ambit of the authority of the insurance agents the business of working for renewal or revival of the policy, the agent ..... that they give notice to the assured of a definite restriction, on the agent's authority, and may prevent the company being bound by acts which would otherwise be within the agents apparent authority, but, like all other conditions in the policy, they may be waived by the subsequent ..... gillivray on insurance law is instructive ; --'conditions restricting authority of agent : in order to protect the company from liability arising out of the unauthorised acts of its agents a condition is frequently inserted in the policy to the effect that agents are 'not authorised to make, alter,' or discharge contracts ..... , we find 'he following: -'payment of premium: -- the premium may be paid by the assured to the insurers or to an insurance agent acting on behalf of the insurers. if the agent has authority to receive it, the payment binds the insurers. the authority need not be an express ..... made by p.w 2 for this policy towards this instalment had also been accepted remains undenied.11. among the functions enumerated in the insurance act with reference to an insurance agent, section 2(10) specifies 'soliciting or procuring insurance business including business relating to the continuance, renewal or revival .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-09-1958
Reported in : AIR1959P& H287; 1959CriLJ764
..... is no doubt that, looking at the various sections of bengal act iv of 1866, the deputy commissioner of police is not a member of the police force within the meaning of that act, and, moreover, on looking back to the police act of 1861, it will be found that the term 'police officer', as used in that act, has generally the same meaning as a member of the ..... a wholesome protection to the accused, to construe it in its widest and most popular signification.'the same matter again came up for consideration before a full bench of the calcutta high court amin shariff v. emperor, air 1934 cal 580. mukherji, j. who wrote the leading judgment in his learned and detailed judgment, came to the same conclusion and held ..... if he is invested with the powers of an officer in charge of a police station he is to be treated as a police officer for the purposes of section 25 of the evidence act. this view therefore is not so much contrary to the view expressed by the calcutta high court. the madras view is expressed in public prosecutor v. paramasivam, air 1953 ..... gurnam singh, j. 1. the marginally noted three revision petitions were referred to the division bench by chopra, j., on account of judicial conflict between calcutta and madras high courts on the points involved in the petition. 2. on the 8th of june 1957 h. b. das,superintendent customs received information aboutsmuggling of pakistan gold from .....Tag this Judgment!
Court : Chennai
Decided on : Aug-06-1958
Reported in : AIR1959Mad294; 1959CriLJ856
..... orders published by authority are comprised under three heads; orders marked with asterisk are issued by the inspector general of police under section 9 of the madras district police act, 1859 with the approval of the government; orders and amendments printed in hold types are verbatim reproductions from orders of ..... case, an accurate picture of the prevalence and character of the use of the third degree is almost impossible to obtain. the unlawful acts of the police in this field arc carried out for the most part with due precaution against the possibility that the suspect may be able to establish ..... appointed for cities of bombay, calcutta and madras.coroners act iv of 1871 do amended by actx of 1881. applied to the three presidency towns.criminal procedure codes.186118721882section (1) (e) "nothing in sections 174, 175 and 176 shall apply to the police in the town of madras."act v of 1889.abolished office of ..... in the city of madras. by act. v of 1889, the, office ..... calcutta and madras. then the coroners' act iv of 1871 was passed which was applicable to the three presidency towns of bombay calcutta and madras. then the code of criminal procedure came into force. under section 1 (e) of the code of 1882, 'nothing in sections 174, 175 and 176 shall apply to the police .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-25-1958
Reported in : AIR1959Cal402,63CWN101
..... him that the permission to erect the cinema granted to him had been cancelled. it was held that under the rules framed under section 22 of the city of bombay police act, the only person vested with the authority to grant or refuse a license for the erection of a building to be used for the purposes of public amusement was the ..... . in that case, the respondent wanted to build a cinema house in a part of greater bombay. he obtained the necessary permission from the commissioner of police under section 22 of the city of bombay police act, 1902. later on, the permission was suspended by the commissioner and the respondent was told to await the orders of the government. shortly thereafter, the commissioner ..... police in the mofussil is, i think, clearly an officer or authority subordinate to the state government and so is a sub-inspector.. a habildar is a ..... section 38 of the security act government can delegate that power to any officer or authority subordinate to the state government. officers or authorities subordinate to the state government may be officers or authorities of a high standing or they may be officers or authorities of a comparative lowly kind.. a commissioner of police in the city of calcutta or a superintendent of .....Tag this Judgment!