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Judgment Search Results Home > Cases Phrase: criminal law amendment act 2005 preamble 1 criminal law amendment act 2005 Year: 1889 Page 1 of about 7 results (0.772 seconds)

Apr 04 1889 (PC)

Queen-empress Vs. Narottamdass Motiram and anr.

Court : Mumbai

Decided on : Apr-04-1889

Reported in : (1889)ILR13Bom681

..... and betting in the severe terms used in the preamble to the english statutes. if this court were to hold that a bet is converted into a game, and a betting-house into a gaming-house, and the bettors there into offenders against the criminal law, because a rain-gauge, or hour glass, or ..... made in favour of certain horse-racing transactions: and the rule and the exception are substantially reproduced in section 30 of the indian contract act ix of 1872. the indian laws go no further than make wagering contracts void; they are not unlawful. the distinction is discussed fully in an unreported case, parakh govardhanbhai ..... committee of her majesty's privy council that the statute 8 and 9 vic., cap. 109 (to amend the law concerning games and wagers), did not extend to india ramloll thackoorseydass v. soojumnull dhondmull 4 moore's i.a. 339, and that, in the absence of statute, an action might be maintained on a wager ..... and that the gauge is itself an instrument of gaming within the meaning of bombay act iv of 1887, section 3,--an enactment which strikes at gaming, but not, in the preamble or elsewhere, at wagering or betting. he relies on tollett v. thomas l.r. 6 q.b. ..... 514 was held to be an instrument of wagering, and to constitute the transaction, among the parties betting, a game of chance within the meaning of the act 31 and 32 vic, cap. 52, section 3. the advocate-general has argued that the appliance for measuring the rainfall constitutes the betting a game, .....

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Feb 07 1889 (PC)

Queen-empress Vs. Barton

Court : Kolkata

Decided on : Feb-07-1889

Reported in : (1889)ILR16Cal238

..... the court before which the trial takes place according to its own procedure, as both the 12 and 13 vic, c. 96, and the merchant shipping amendment act, 1855, expressly provide that the court to which the jurisdiction to try the case is given, shall have the same jurisdiction as if the offence had been ..... same manner as if such offences had been committed within the jurisdiction of the admiralty of england.6. the next statute on the subject is the merchant shipping amendment act, 1855, 18 and 19 vic, c. 91. section 21 provides that if any british subject charged with having committed any crime or offence on board any ..... dealt with there, as if the offence had been committed within the limits of the local jurisdiction of the courts of criminal justice of such colony.5. next in order of time comes the merchant shipping act, 1854, 17 and 18 vic, c. 104, section 267. that section, so far as it is material to ..... us, that, under the provisions of the merchant shipping act, 1854, section 267, the prisoner should have been tried in every respect as if he had been tried at the central criminal court in london, and the cases of queen v. thompson l b.l.r. o. cr. 1 and beg. v. elmstone 7 bom. cr. 89 ..... both cases are authorities against the view which was pressed upon us.3. the question, however, depends upon the true construction of the statutory law. the merchant shipping act, 1854, by no means contains the whole of the legislation on the subject, and when the whole of the enactments are considered .....

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Oct 21 1889 (FN)

Metropolitan R. Co. Vs. District of Columbia

Court : US Supreme Court

Decided on : Oct-21-1889

..... defendant to do said work and furnish said materials in accordance with its duty, as prescribed by its charter. the defendant was chartered by an act of congress dated july 1, 1864, and amended march 3, 1865. by these acts, it was authorized to construct and operate lines or routes of double-track railways in designated streets and avenues in washington and georgetown. the ..... should be limited in the time of bringing suits as that individuals or private corporations should be. the reason stated in the preamble for the passage of the law applies to all, and, moreover, it shows that the objects of the law are beneficent ones, and therefore that it should be liberally construed. it cannot apply to the sovereign power, of course. no ..... virginia were continued over the former, and the laws of maryland over the latter, and a court called the "circuit court of the district of columbia" was established, with general jurisdiction, civil and criminal, to hold sessions alternately in each county; but the corporate rights of the cities of alexandria and georgetown, and of all other corporate bodies, were expressly left ..... unimpaired except as related to judicial powers. see act of feb. 27, 1801, 2 stat. 103. a supplementary act passed a few days later gave to the .....

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May 13 1889 (FN)

Hans Nielsen, Petitioner

Court : US Supreme Court

Decided on : May-13-1889

..... conviction or an acquittal of a greater crime is a bar to a subsequent prosecution for a lesser one. in mr. wharton's treatise on criminal law, vol. 1, 560, the rule is stated as follows, to wit: "an acquittal or conviction for a greater offense is a bar to a subsequent indictment ..... said punishments, in the discretion of the court." 22 stat. 31, c. 47, 3. the 3d section of the act of march 3, 1887, entitled "an act to amend an act entitled 'an act to amend section page 131 u. s. 177 fifty three hundred and fifty two of the revised statutes of the united states, in ..... . the case arose upon the statutes enacted by congress for the suppression of polygamy in utah. the third section of the act approved march 22, 1882, entitled "an act to amend section fifty three hundred and fifty two of the revised statutes of the united states, in reference to bigamy, and for other ..... gray 11, after an acquittal as a common seller, it was held that the defendant might be indicted for a single act of selling during the same period. see 1 bishop's crim.law, 5th ed., 1054, etc. the books are full of cases that bear more or less upon the subject we are ..... reference to bigamy, and for other purposes,'" reads as follows: "sec. 3. that whoever commits adultery shall be punished by imprisonment in the penitentiary not exceeding three years; and, when the act .....

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May 13 1889 (FN)

The Chinese Exclusion Case

Court : US Supreme Court

Decided on : May-13-1889

..... pauper class of any community who may be sent or may be assisted in their immigration at the expense of government or of municipal authorities." as to criminals, the power of exclusion has always been exercised, even in the absence of any statute on the subject. in a dispatch to mr. cramer, our ..... the exercise of these public trusts is not the subject of barter or contract. whatever license, therefore, chinese laborers may have obtained, previous to the act of october 1, 1888, to return to the united states after their departure is held at the will of the government, revocable at any time at its pleasure. ..... it operated to that extent to abrogate them as part of the municipal law of the united states. a certificate issued to a chinese laborer under the fourth and fifth sections of the act of may 6, 1882, 22 stat. 58, c. 126, as amended july 5, 1884, 23 stat. 115, c. 220, conferred upon ..... . all else lies beyond their domain. there being nothing in the treaties between china and the united states to impair the validity of the act of congress of october 1, 1888, was it on any other ground beyond the competency of congress to pass it? if so, it must be because it was ..... legislative department of the government to exclude aliens from the united states is an incident of sovereignty which cannot be surrendered by the treaty making power. the act of october 1, 1888, 25 stat. 504, c. 1064, excluding chinese laborers from the united states, was a constitutional exercise of legislative power, and, so .....

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Mar 04 1889 (PC)

The Empress Vs. Baikanta Bauri

Court : Kolkata

Decided on : Mar-04-1889

Reported in : (1889)ILR16Cal350

..... it was necessary for the prosecution to establish, viz., that the aforesaid head constable, anadinath bundopadhya, was making an investigation under chapter xiv of the criminal procedure code. the charge, set out above, states that this statement before the head constable was made in the course of an inquiry in a case of arson ..... establish that fact. that being so we cannot say that the statement in question is covered by paragraph 2 of section 161 of the code of criminal procedure. it is true that the record of the statement is headed: 'on being questioned said;' but that would be no evidence of the fact ..... in section 191 of the indian penal code. the answer to this question will depend upon the construction we put section 161 of the code of criminal procedure. the second paragraph of that section declares that a person examined by a police officer under the provisions of it' shall be bound to ..... section 191 of the indian penal code says: 'whoever, being legally bound by an oath, or by any express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be ..... mitter and macpherson, jj.1. the sessions judge of burdwan, dissenting from the verdict of acquittal of the jury, has referred this case under section 307 of the code of criminal procedure. the charge against the accused was under section 193 of the indian penal code, of giving false evidence, and is to the .....

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May 13 1889 (FN)

Freeland Vs. Williams

Court : US Supreme Court

Decided on : May-13-1889

..... defendant's property should not be seized or sold under final process on such judgment is not due process of law. i cannot agree that a state may, by an amendment of its fundamental law, prevent a citizen from recovering the value of property of which, according to the final judgment of its own courts ..... violating its duty, or exceeding its authority." many other cases might be cited in which it was held that retrospective statutes, when not of a criminal character, though affecting the rights of parties in existence, are not forbidden by the constitution oft he united states. we do not think that the ..... plea of not guilty, that he was a confederate soldier, and that his taking the cattle was an act of legitimate warfare, it was not in the power of the state, by an amendment of its constitution and after a final judgment against him, to give a new trial. in legal effect, ..... other citizens of this commonwealth, on the trial of any cause now pending or hereafter to be brought within this commonwealth, any law or usage to the contrary notwithstanding." acts pa. 1826, c. 88. the supreme court of the state of pennsylvania conformed its judgment to this statute, which was at ..... people thereof, on either side, shall be liable in any proceeding, civil or criminal; nor shall his property be seized or sold under final process issued upon judgments or decrees heretofore rendered, or otherwise, because of any act done, according to the usages of civilized warfare, in the prosecution of said war .....

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