Court : Kolkata
Decided on : Feb-16-1973
Reported in : 1973CriLJ1505
..... private individual without a license from the corporation. that being so, a prosecution for keeping open such a private market is maintainable under section 451 read with section 537 of the act.the division bench further proceeded to observe thatto say that the owner of a private market can never be prosecuted because his market has ..... . corpn. of calcutta : 1967crilj950 . chief lustice r. subba rao delivering the majority judgment clearly made a distinction between fines realised under section 541 and under section 537 of the west bengal act xxxiii of 1951. the first going over to the corporation while the other being leviable to the state. this marked distinction is a pointer ..... defence case, inter alia, is that the prosecution case is not maintainable; that it is barred by limitation; that no declaration as required under section 5 (42) of the act was made; that no opportunity was afforded to the accused before the alleged declaration; that there has been no proper delegation on the part of .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-09-1973
Reported in : (1973)ILLJ575Cal
..... services of the government of india, then the petitioner must succeed. the coal mines labour welfare fund was set up by the coal mines labour welfare fund act, 1947. section 9(1) provides :9. appointment and powers of officers,(1) the central government may appoint a coal mines labour welfare commissioner and such number of inspectors, ..... the petitioner there is no disclosure before this court. if this be the position, the petitioner can also claim for a presumption under section 114 illustration (g) of the indian evidence act that if the materials had been disclosed it would have been proved that they were all irrelevant to the required test of public interest. ..... on this point there is serious controversy between the parties. according to the learned counsel for the petitioner such appointment was made under section 9 of the coal mines labour welfare fund act, 1947. appointment under the fund was an appointment under a statutory body but it was not an appointment to a government service as .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-05-1973
Reported in : (1974)IILLJ179Cal
..... specified in the third schedule. in my view the tribunal had the jurisdiction and competence to adjudicate such dispute which has been referred to it under section 10 of the act.3. the next contention urged by the learned counsel on behalf of the petition is that the tribunal had exceeded its jurisdiction in deciding the question ..... in the third schedule and which do not come under item nos. 1 to 5 of the second schedule will be covered by clause 6 section 2(k) of the act defines an industrial dispute to mean any dispute or difference between the employer and workmen which is connected with the employment or non-employment or the ..... inherent judicial power engineering mazdoor sabha v. hind cycles ltd. : (1962)iillj760sc . the principle of ouster of the jurisdiction of the civil court section 19(2) of the compensation act in respect of matters required to be settled or decided by the commissioner of workmen's compensation cannot be extended to proceedings before the industrial tribunal which .....
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