Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1952 with regard to provident fund claims of the respondent Penal Code 1860 - s.228 - In an adjudication proceeding u/s. 7 A of Employees Provident Funds & Miscellaneous Provisions Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - s.228 - Jn an adjudication proceeding u/s. 7 A of Employees Provident Funds & Miscellaneous Provisions Act, 1952 with regard to provident fund claims of the respondent, the Provident Fund Commissioner filed a complaint u/s. 228 that respondent had obstructed and interfered with the proceedings by abusing and assaulting the Presiding Officer - Maintainability of complaint challenged - Held: s.2(i) of the Cr.P.C. defines a judicial proceeding to include any proceedings in the course of which evidence is or may be legally taken on oath - This power is indisputably statutorily vested in the authority holding proceedings u/s. 7A of the 1952 Act. - Therefore, the proceedings u/s. 7A are deemed to be judicial proceedings and complaint u/s.228 maintainable - Code of Criminal Procedure, 1973 - s.195(l)(b)(i) - Employees Provident Funds & Miscellaneous Provisions Act, 1952 -s.7A. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2017 INSC 836 |
Petitioner | Amit Vashistha |
Respondent | Suresh And Another |
SCR | [2017] 7 S.C.R. 736 |
Judgement Date | 2017-08-31 |
Case Number | 245 |
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