Municipality on December 31, 2013.
The petitioners preferred an appeal under Section 218(3) of the West Bengal
Municipal Act, 1993 before the learned District ... which court
will have jurisdiction to entertain an appeal under section 218(3) of the said Act.
Learned counsel appearing for the petitioners has contended
However, a proviso is expressly engrafted in sub section (1) of Sec. 218.
which reads as follows:
distinct"S.218. of which any person ... against such person. It is also explicitly provided
in sub section (2) of Sec.218 that nothing in sub-section (1) of Sec.218
shall
convicted for the offences
punishable under Sections 323 / 342 / 304 / 34 of the IPC as also under
Section 218 read with Section ... with Section 109 of the IPC is also set aside. This is
for the reason that if the substantive charge under Section 218
held that Section 233 of the Code is applied
to trial in summon cases under chapter XX of the Code. Section 218 of the
Code ... defend
them. Sections 219 and 220 of the Code lay down different and distinct
exceptions to the General Rule contemplated under Section 218
Kharagpur Municipality.
13. Mr. Basu further contended that under Sub section 5 of
Section 218 power has been given to the Chairman in case ... Chairman had to exercise his power
conferred under Sub Section 5 of Section 218 of the Said Act, 1993.
In support of his contention
them separately.
He therefore submits that the proviso to sub-section (1) of Section 218 read with Section 223 is clearly attracted in this case ... Sections 218 to 222 are all subject to Section 223 and sub-section (2) of Section 218 itself makes that clear. He further contends that
action arose in different cases. It is argued that as per Section
218 Cr.P.C., for every distinct offence of which any person ... mandatory
provision and Section 219 / 220 Cr.P.C. are just an enabling provision
subject to Section 218 Cr.P.C. and accused cannot seek
action arose in different cases. It is argued that as per Section
218 Cr.P.C., for every distinct offence of which any person ... mandatory
provision and Section 219 / 220 Cr.P.C. are just an enabling provision
subject to Section 218 Cr.P.C. and accused cannot seek
action arose in different cases. It is argued that as per Section
218 Cr.P.C., for every distinct offence of which any person ... mandatory
provision and Section 219 / 220 Cr.P.C. are just an enabling provision
subject to Section 218 Cr.P.C. and accused cannot seek
action arose in different cases. It is argued that as per Section
218 Cr.P.C., for every distinct offence of which any person ... mandatory
provision and Section 219 / 220 Cr.P.C. are just an enabling provision
subject to Section 218 Cr.P.C. and accused cannot seek
