As the prosecution against the respondents under s. Admittedly, no such consent was obtained or granted by the DPCC. The General Manager, Central Railway, V. For instance, if there are two Public Prosecutors appointed for a particular court, and one of the Public Prosecutors is conducting the prosecution in a particular case, and desires to go on with the proceedings, it will be open to the other Public Prosecutor to ask for withdrawal from the prosecution.
That Article is in these words:- “Any taxes, duties, cesses or fees which, immediately before the commencement of this Constitution, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district, or other local area may, notwithstanding that these taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law.
26 of the General Clauses Act, it would be convenient to set out these provisions before entering on a discussion of their content and scope. That section also makes it clear that if any private person is instructing a pleader to prosecute any person in any such case ” which must have reference to the case of which the Public Prosecutor is in charge ” nevertheless, the Public Prosecutor shall conduct the prosecution and the pleader is to act under his directions.
Similarly, a Public Prosecutor appointed for case A, before a particular court, can, by virtue of his being a Public Prosecutor, file an application in case B, with which he has nothing to do, and ask for permission of the court to withdraw from the prosecution. 10(1)(d) of the Industrial Disputes Act XIV of 1947. ” 254 There can be little doubt that “local area” in this Article has been used to indicate an area in respect of which there is an authority administering it.
It is mandatory on the part of such establishment to first obtain consent from the DPCC for establishing or operating any industry, operation or process or any treatment and disposal system or any extension or addition thereto as envisaged under Section 25 of Water (Prevention and Control of Pollution) Act, 1986. Section 494 also, in our opinion, must refer only to the Public Prosecutor who is Barristers in Chandigarh High Court charge of the particular case in which he makes a request to withdraw from the prosecution.
Collector of Pali (5)); but we do not propose to consider these possible questions in the present appeal, because, in our opinion, it would be inexpedient to lay down any hard and fast or general rule which would afford a determining test to demarcate the field of incidental facts which can be legitimately considered by the authority and those which cannot be so considered. Best Solicitors in Chandigarh Surjit Singh (supra) while dealing with an application for withdrawal from prosecution under Section 494 of the Code by the Public Prosecutor, though in a different fact situation, observed that:- Section 492 only deals with the appointment of Public Prosecutors by the Government or by the District Magistrate, in circumstances mentioned therein and Section 493 specifically refers to the Public Prosecutor who is in charge of the case which is under enquiry, trial or appeal, when appearing and pleading before such Court.
Some of these aspects have been already adverted to by us earlier. The said fact has not been placed before the learned single Judge, Division Bench or this Court by any of the respondents. 105 of the Insurance Act has been held to be barred by reason of the provisions contained in Art. 20(2) of the Constitution and s. The DPCC has stated in its counter statement that the Pathological Lab is being run by the respondent-owners in the basement, ground floor, first floor and mezzanine floor of the concerned property.
Bombay (2); and Maharaja Sri Umaid Mills, Ltd. This dispute was referred by the Government of Bombay for adjudication before the Industrial Tribunal under s. Section 493 only dispenses with the Public Prosecutor having to file any written authority. If any Public Prosecutor, who had nothing to do with a particular case, is held entitled to file an application Direction Under Section 482 Law Firm in Chandigarh Section 494, in our opinion, the result will be very anomalous. The only other part of the Constitution where the word “local area” appears is in Art.
Patil (1), Vishwanath Tukaram v. The said dispute related to a single demand made by the respondents with regard to leave. Thus, it is being run by them not only in violation of the Master Plan for Delhi 2001 but also MPD-2021. This demand consisted of three parts, (a) one month’s privilege leave with full salary and dearness allowance on completion of eleven months service in a year with a right to accumulate upto six months, (b) one month’s sick leave with full salary and dearness allowance for each year of service with right to accumulate for the entire period of service, and (c) every workman should be entitled to take leave in proportion to the number of days he is in service of the company at the time of his application for the same.
We propose to confine our decision to the facts in the present case.