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Judgment Search Results Home > Cases Phrase: patents Court: kolkata Year: 1923 Page 1 of about 35 results (0.009 seconds)

Sep 26 1923 (PC)

Emperor Vs. Barendra Kumar Ghose

Court : Kolkata

Decided on : Sep-26-1923

Reported in : 81Ind.Cas.353

..... to-death by. mr. justice page. thereafter the accused through his counsel applied to the advocate-general ;fbr a certificate tinder section 26 of the letters patent for the further consideration by this: court of certain matters of alleged misdirection and non-direction; arising out of the: summing up of :'the leamed ..... what had happened brought the case within that category.111. it may seem unsatisfactory that the jurisdiction created by clauses 25 and 26 of the letters patent should be so limited in scope and that its exercise should be subject to such stringent conditions. it must be remembered, however, that these ..... .22. 'now i, satish ranjan das, advocate-general of bengal, do under and by virtue of the powers entrusted to me by the letters patent for the high court of judicature at fort william in bengal bearing date the 28th september, 1865, certify that in my judgment whether the alleged direction ..... granted a certificate in the following terms:2. 'certificate of the advocate general of bengal under clause 26 of the letters patent of 1865.3. 'i. whereas the accused above named was on the 16th august, 1923, charged at the criminal sessions holden in this hon'ble ..... 302. on the 22nd august, an application was made on his behalf to the advocate-general for a certificate under clause 26 of the letters patent. on the 27th august, the advocate-general heard counsel for the prisoner in support of the application. on the 29th august, the advocate-general .....

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Oct 08 1923 (PC)

Barendra Kumar Ghose Vs. Emperor

Court : Kolkata

Decided on : Oct-08-1923

Reported in : 83Ind.Cas.580

..... whether there may not be other questions also in the appeal, such as the question of the true construction of clause 26 of the letters patent, which by themselves being the case within the limited category of criminal proceedings reviewable, according to established practice, by their lordships of the judicial committee ..... of section 34: we cannot arrogate to ourselves the authority which belongs to their lordships of the judical committee under clause 41 of the letters patent. but this is plain that if section 34 has not been correctly interpreted by the full bench, substantial and grave injustice has been done ..... and 511, indian penal code, and was sentenced to imprisonment. the high court of allahabad refused to certify under section 32 of the letters patent of 1866 that the case was a fit one for appeal to his majesty in council. the judicial committee declined to grant special leave. lord ..... be conveniently considered in two groups, namely, first, those that had reference to sentences in original criminal trials governed by clause 41 of the letters patent or a provision of like import, and, secondly, those that arose out of appellate decisions not subject to the operation of clause 41 or a ..... thereupon sentenced the prisoner to death. a certificate was then obtained on his behalf from the advocate-general, under clause 26 of the letters patent, that in his judgment, whether an alleged direction and an alleged omission to direct the jury did not in law amount to a misdirection should .....

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Oct 05 1923 (PC)

Phillipe Billinghurst Vs. Emperor

Court : Kolkata

Decided on : Oct-05-1923

Reported in : 82Ind.Cas.763

..... made in a criminal reference. greaves and walmsley, jj., observed: 'we must reject the application as it does not come within clause 41 of the letters patent which is the only clause which gives the court power to entertain appeals in criminal matters' (privy council no. 3 of 1916 in criminal reference no. ..... reject the application, not because we express any opinion on the merits, but because our only power to grant leave is under clause 41 of the letters patent, and the present case does not come within that clause.' a similar course was adopted in thakur madho singh v. emperor (unreported) where an application for ..... power conferred by clause 27 of the letters patent, which is in the following terms:27. and we do further ordain, that the said high court of judicature at fort william in bengal shall ..... made in a criminal case where any point of law had been reserved for the opinion of the high court, in manner provided in the letters patent, by any court which had exercised original jurisdiction. the substance of the matter is that the judgment and sentence were pronounced in exercise of the ..... what provision of the law this court is invited to grant leave to appeal to his majesty in council.3. clauses 39-42 of the letters patent deal with appeals to the privy council. clauses 39 and 40 deal with matters other than those of criminal jurisdiction. clause 41 deals with appeals .....

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Dec 07 1923 (PC)

Bhimraj Bania Vs. Emperor

Court : Kolkata

Decided on : Dec-07-1923

Reported in : (1924)ILR51Cal460

..... , he was not such at the time of the grant of the letters patent in 1865 and our powers of reference and revision under clause 28 are, it would appear, limited to such officers and courts as were subject ..... powers conferred on a court of appeal by the sections of the code referred to in this section. in my opinion clause 28 of the letters patent has no application as, assuming that the secretary to the local government, named in the goondas act, is an officer or court possessing criminal jurisdiction ..... to reference to, or revision by, the said high court at the time of the grant of the letters patent.14. section 435 of the criminal procedure code empowers this court to call for and examine the record of any proceeding before any inferior criminal court situate ..... determine all such cases referred to it by the sessions judges or by any other officers authorised, at the time of the grant of the letters patent, to refer cases to this high court, and to revise all such cases tried by any officer or court possessing criminal jurisdiction as were subject ..... second contention of the government is correct, and whether this court in its revisional jurisdiction can deal with the application.13. clause 28 of the letters patent (1865) ordains that this high court shall be a court of reference and revision from the criminal courts subject to its appellate jurisdiction, and that .....

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Sep 26 1923 (PC)

The King Emperor Vs. Barendra Kumar Ghose

Court : Kolkata

Decided on : Sep-26-1923

Reported in : AIR1924Cal257

..... what had happened brought the case within that category.62. it may seem unsatisfactory that the jurisdiction created by clauses 25 and 26 of the letters patent should be so limited in scope, and that its exercise should be subject to such stringent conditions. it must be remembered, however, that these ..... been done, the fact remains that the certificate has been granted, and the court must consequently deal with the case under clause 26 of the letters patent.7. the facts material for the appreciation of the questions, which have emerged for consideration, may now be conveniently narrated. on the 3rd august last, ..... written.now, i, satish ranjan das, advocate-general of bengal, do under and by virtue of the powers entrusted to me by the letters patent for the high court of judicature at fort william in bengal bearing date the 28th september 1865 certify that in ray judgment whether the alleged direction ..... granted a certificate in the following terms:certificate of the advocate-general of bengal under clause 26 of the letters patent of 1865.2. i. whereas the accused abovenamed was on the 16th august 1923, charged at the criminal sessions holden in this hon'ble court ..... section 302. on the 22nd august an application was made on his behalf to the advocate-general for a certificate under clause 26 of the letters patent. on the 27th august, the advocate-general heard counsel for the prisoner in support of the application. on the 29th august, the advocate-general .....

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Oct 08 1923 (PC)

Barendra Kumar Ghose Vs. King-emperor

Court : Kolkata

Decided on : Oct-08-1923

Reported in : AIR1924Cal545

..... whether there may not be other questions also in the appeal, such as the question of the true construction of clause 26 of the letters patent, which by themselves bring the case within the limited category of criminal proceedings review-able, according to established practice, by their lordships of the judicial ..... of section 34 : we cannot arrogate to ourselves the authority which belongs to their lordships of the judicial committee under clause 41 of the letters patent. but this is plain that if section 34 has not been correctly interpreted by the pull bench, substantial and grave injustice has been done to ..... and 511, indian penal code, and was sentenced to imprisonment. the high court of allahabad refused to certify under section 32 of the letters patent of 1866 that the case was a fit one for appeal to his majesty in council. the judicial committee declined to grant special leave. lord ..... be conveniently considered in two groups; namely, first, those that had reference to sentences in original criminal trials governed by clause 41 of the letters patent or a provision of like import, and, secondly, those that arose out of appellate decisions not subject to the operation of clause 41 or a ..... page thereupon sentenced the prisoner to death. a certificate was then obtained on his behalf from the advocate-general, under clause 26 of the letters patent, that, in his judgment, whether an alleged direction and an alleged omission to direct the jury did not in law amount to a misdirection should .....

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Oct 05 1923 (PC)

Phillip E. Billinghurst Vs. King-emperor

Court : Kolkata

Decided on : Oct-05-1923

Reported in : AIR1924Cal338

..... in a criminal beference. greaves and walmsley, jj., observed : 'we must reject the application as it does not come within clause 41 of the letters patent which is the only clause which gives the court power to entertain appeals in criminal matters.' to the same effect is the decision in joges chandra sarlcar and ..... this court to grant him leave to appeal to his majesty in council from the appellate judgment of this court, either under clause 41 of the letters patent or under any other provision of the law. the view we take is supported by four decisions of this court.6. in chintaman singh v. king ..... conferred by 01. 27 of the letters patent, which is in the following terms:27. and we do further ordain, that the said high court of judicature at fort william in bengal shall be ..... were made in a criminal case where any point of law had been reserved for the opinion of the high court, in manner provided in the letters patent, by any court which had exercised original jurisdiction. the substance of the matter is that the judgment and sentence were pronounced in exercise of the power ..... what provision of the law this court is invited to grant leave to appeal to his majesty in council.3. clauses 39-42 of the letters patent deal with appeals to the privy council-clauses 39 and 40 deal with matters other than those of criminal jurisdiction. clause 41 deals with appeals from .....

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Feb 23 1923 (PC)

Tulsi Telini Vs. King-emperor

Court : Kolkata

Decided on : Feb-23-1923

Reported in : AIR1924Cal64

..... the madras high court and found guilty on certain counts in the indictment. a certificate had then been granted by the advocate-general under clause 26 of the letters patent for the madras high court. thereupon the high court reviewed the case, and determined that the conviction, in respect of certain of the counts, ought not to be ..... the madras high court did not state in their judgment whether it was by reason of the provisions of the criminal procedure code or by reason of the provisions of the letters patent that they had jurisdiction. it may be, as was pointed out in the case of dewan chand v. king-emperor (1908) 15 p.r. 1908 cr., that ..... grant leave to appeal to the privy council if it thought that the case was a fit one for such appeal. i refer to clause 41 of the letters patent of this court which provides. 'we do further ordain, that from any judgment, order, or sentence of the said high court of judicature at fort william in ..... any doubt upon the jurisdiction of this court to grant bail in a case which comes within clause 41 of the letters patent. but the present case; does not come within clause 41 of the letters patent. the petitioner in this case has no right to appeal to the privy council. in this case, this court has no ..... case cited application for leave to appeal to the privy council might have been made to the madras high court under clause 41 of the letters patent of the court see reg. v. pestanji dinsha (1873) 10 bom. h.c.r. 75. the same clause 41 of the letters .....

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Feb 23 1923 (PC)

Tulsi Telini Vs. Emperor

Court : Kolkata

Decided on : Feb-23-1923

Reported in : 72Ind.Cas.362

..... grant leave to appeal to the privy council if it thought that the case was a fit one for such appeal. i refer to clause 41 of the letters patent of this court which provides : 'we do further ordain, that from any judgment, order, or sentence of the said high court of judicature at fort william in ..... the madras high court did not state in their judgment whether it was by reason of the provisions of the criminal procedure code or by reason of the provisions of the letters patent, that they had jurisdiction. it may be, as was pointed out in the case of diwan chand v. emperor 8 cr.l.j. 89 : 19 p. ..... the madras high court and found guilty on certain counts in the indictment. a certificate had then been granted by the advocate-general under clause 26 of the letters patent for the madras high court. thereupon, the high court reviewed the case and determined that the conviction in respect of certain of the counts ought not to be ..... any doubt upon the jurisdiction of this court to grant bail in a case which comes within clause 41 of the letters patent. but the present case does not come within clause 41 of the letters patent. the petitioner in this case has no right to appeal to the privy council. in this case, this court has no ..... might have been made to the madras high court under the same clause 41 of the letters patent of the court see reg. v. pestanji dinsha 10 b.h.c.r. 75 the same clause 41 of the letters patent of this court could have no application at all to the present case in any of its .....

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Dec 17 1923 (PC)

Bhimraj Bania Vs. King-emperor

Court : Kolkata

Decided on : Dec-17-1923

Reported in : AIR1924Cal698,83Ind.Cas.500

..... was not such at the time of the grant of the letters patent in 1865, and, our powers of reference and revision under clause 28, as it would appear are limited to such officers and courts as were ..... powers conferred on a court of appeal by the sections of the code referred to in this section. in my opinion, clause 28 of the letters patent, has no application as, assuming that the secretary to the local government named in the goondas act is an officer of court possessing criminal jurisdiction, he ..... reference to, or revision by, the said high court at the time of the grant of the letters patent.14. section 435 of the criminal procedure code empowers this court to call for and examine the record of any proceeding before any inferior criminal court situate within ..... all such cases referred to it by the sessions judge or by any other officers authorised at the time of the grant of the letters patent to refer cases to this high court and to revise all such cases tried by any officer or court possessing criminal jurisdiction as were subject to ..... 2nd contention of the government is correct and whether this court in its revisional jurisdiction can deal with the application.13. clause 28 of the letters patent (1865) ordains that this high court shall be a court of reference and revision from the criminal courts subject to its appellate jurisdiction and that .....

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