Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1940 Punjab Trade Employees Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Punjab Trade Employees Act, 1940 (10 of 1940) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Punjab Trade Employees Act, 1940, ss. 2-A (i) and (i), 7 (1), 16, -shopkeeper without employees - Sale by son on close dayL1abil1ty of shopkeeper'-Scope of s. 2-A (i) and (i). Section 7 sub-s. (1) of the Punjab Trade Employees Act, 1940. as amended in 1943, provided that "save as otherwise . provided by this Act, every shop shall . remain closed on a dose day." Sub-section (2) (i) stated that "The choice of a close day. shall rest with the owner or occupier of a shop ...... and shall be intimated to the prescribed authority." Clauses (i) and (j) of s. 2-A provided that nothing in the Act_ shall apply to persons employed in a managerial capacity and the members of the family of the employer. The appellant owned a shop, and on a close day the appellant's son sold an article from the shop, and the appellant was convicted under s. 16 of the Act. It was contended on his behalf that s. 7 of the Act was ultra 11ire1 as it did not fall under any. of the items in either the Provincial or the Concurrent Legislative List of the Government of India Act, 1935, and that in any event as he did not employ any labour and was also the manager of the shop he cannot be convicted .in view of ยท the provisions of clauses (i) and (j) of s. 2-A of the A |
Judge | Hon'ble Mr. Justice Vivian Bose |
Neutral Citation | 1951 INSC 37 |
Petitioner | Monohar Lal |
Respondent | The State |
SCR | [1951] 1 S.C.R. 671 |
Judgement Date | 1951-05-23 |
Case Number | 11 |
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