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Commissioners for the Port of Calcutta – Appellant
Versus
Suraj Mull Jalan – Respondent
JUDGMENT
1. This case raises an important question of principle, namely, whether the Commissioners for the Port of Calcutta cannot be restrained by injunction by a civil Court from proceeding with a certain criminal prosecution instituted by them against the respondents u/s 84, Calcutta Port Act (Act 3 of 1890 B.C.) for contravention by the respondents of the provisions of Section 83 of the said Act.
2. The facts, shortly stated, are as follows : The plaintiffs who are the respondents before us are the lessees of certain lands on the west side of the river Hooghly near Ghuseri. They started construction of a jute mill on a portion of the sairl lands and it appears that during the construction of the mill they put up am earthen bund on the bank of the river nearest to their land to facilitate the landing of building materials intended for constructing the said mill. On or about 11th May 1927, the Port Commissioners wrote a letter to the plaintiffs enclosing a coloured plan depicting the bund which they stated to be an encroachment on the high-water mark of the river and directing its removal within a month, failing which action was to be taken under Sections 83 and 84, Calcutta Port A
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A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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