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1972 Supreme(Pat) 215

B.D.SINGH
Bakridan Bibi – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. These seven cases have been filed by the same petitioners against the same opposite party under Sec. 561-A of the Code of Criminal Procedure taken against the petitioners under Sec.28 (a) and Sec.29 of the Payment of Bonus Act, 1965 (hereinafter referred to as "the Act") The petitioners are partners of M/s. Dhanbad Transport Company. Different cases had to be filed because they related to the different accounting years. Since a common question of law has arisen in all these seven cases they were made analogous and were put up for hearing together. This common judgment will govern all the seven cases.

2. The cases against the petitioners were initiated on the basis of complaints filed by the State of Bihar-Opposite party through Suresh Prasad Singh, Inspector under the Act, Copies of the complaint petitions have been filed as Annexure 2 to the applications.

3. Learned Counsel appearing on behalf of the petitioners has assailed the orders of the Magistrate taking cognizance against them on the ground that the complaints do not disclose the essential elements that any of the petitioners was incharge of the Company and they were made responsible to act under Sections 28 (a)



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