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    <title>1957 (3) TMI 69 - CALCUTTA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=274934</link>
    <description>Special statutory limitation governed prosecutions for failure to construct pit-head baths and creches, and the doctrine of continuing wrong could not override that specific time bar. Although the duty was treated as continuing, cognizance had to be taken within the prescribed period from the date of the offence or the Inspector&#039;s knowledge, whichever was later; the prosecutions were therefore time-barred. The mine&#039;s owner, agent and manager were regarded as constructively liable for the contraventions, and the later amendment naming agents and managers was treated as clarificatory. Continuation of the rules after repeal did not invalidate the cases, and prior acquittals did not bar proceedings for continuing defaults. Convictions and fines were set aside and the petitioners were acquitted.</description>
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    <pubDate>Thu, 21 Mar 1957 00:00:00 +0530</pubDate>
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      <title>1957 (3) TMI 69 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=274934</link>
      <description>Special statutory limitation governed prosecutions for failure to construct pit-head baths and creches, and the doctrine of continuing wrong could not override that specific time bar. Although the duty was treated as continuing, cognizance had to be taken within the prescribed period from the date of the offence or the Inspector&#039;s knowledge, whichever was later; the prosecutions were therefore time-barred. The mine&#039;s owner, agent and manager were regarded as constructively liable for the contraventions, and the later amendment naming agents and managers was treated as clarificatory. Continuation of the rules after repeal did not invalidate the cases, and prior acquittals did not bar proceedings for continuing defaults. Convictions and fines were set aside and the petitioners were acquitted.</description>
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      <pubDate>Thu, 21 Mar 1957 00:00:00 +0530</pubDate>
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