Allahabad Court June 1960 Judgments
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Radhey Shyam Agarwal Vs. State Through Labour Inspector, Pratapgarh
Court: Allahabad
Decided on: Jun-14-1960
Reported in: AIR1961All599; 1961CriLJ742
Uniyal, J.1. The question referred to this Bench is whether the opinion expressed in Abid Ali v. State, 1958 All L. J. 333 that the expression 'employer' in Section 2(6) of the U. P. Shops and Commercial Establishments Act, 1947 contemplates an owner of a shop who has engaged some employees to help him in running Ms business, is legally sound.2. Section 2(6) of the U. P. Shops and Commercial Establishments Act (U. P. Act XXII of 1947) defines 'employer' in these terms:'A person having charge of or owning the business of a shop or commercial establishment, and includes the manager, agent or any other person acting in the general management or control of such shop or commercial establishment.''Section 4 of the Act provides that--'Nothing in this Act shall apply to.....(e) members of the family of any employer'. Section 10(1) of the Act provides that--'Every employer shall close his shop or commercial establishment ..... on one day of the week, and such day shall ..... be referred teas 't...
Shiv Pujan Misra Vs. the State of U.P.
Court: Allahabad
Decided on: Jun-10-1960
Reported in: 1961CriLJ58
ORDERR.A. Misra, J.1. This is an application under sen-tion 561-A, Cr. P. G. by one Sri Shiv Pujan Misra who is being tried before the learned Special Judge, Anti Corruption, Lucknow, for an offence under Section 161 I.P.C. read with Section 5(2) of the Prevention of Corruption Act Act No. 11 of 1947. It is prayed that the prosecution be quashed as it is illegal and it amounts to an abuse of the process of the Court.2. The case started against the appellant on a charge-sheet which was filed by the Special Police Establishment, Delhi, on the 28th of January, 1959. On a, consideration of the documentary evidence produced before him, the learned Special Judge framed a charge against the applicant on the 22nd September, 1959, and adjourned the case for recording the prosecution evidence on the 19th November, 1959.On the 19th November, 1959, the applicant presented an application alleging that the case had been investigated by Inspector Sri Abdul Rahman Khan without legal authority, hence t...
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