Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Employees' State Insurance Corporation Act judicial discretion 1948: s.85(a)(i){b) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Employees` State Insurance Act, 1948 (34 of 1948) Maritime Zones of India (regulation of Fishing By Foreign Vessels) Act, 1981 (42 of 1981) Drugs and Cosmetics Act, 1940 (23 of 1940) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Employees’ State Insurance Corporation Act, 1948: s.85(a)(i)(b) - Whether the court has been given judicial discretion only to reduce the sentence of imprisonment for any term lesser than six months or whether it also has discretion to levy no fine or a fine of less than five thousand rupees - Held: The courts have no discretion to reduce the fine amount once the offence has been established — The discretion as per proviso is confined only in respect of term of imprisonment.Interpretation of statutes: When the wordings of the Statute are clear, no interpretation is required unless there is a requirement of saving the provisions from vice of unconstitutionality or absurdity. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2016 INSC 255 |
Petitioner | Employees State Insurance Corporation |
Respondent | A. K. Abdul Samad & Anr. |
SCR | [2016] 2 S.C.R. 150 |
Judgement Date | 2016-03-10 |
Case Number | 1065-1066 |
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