Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | section 92 Factories Act 1948 Certain defects pointed out |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Factories Act, 1948 (63 of 1948) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Factories Act, 1948 ~ s. 92 - General penalty for offences ~ Inspection of factory premises — Contract labour engaged therein ~ Certain defects pointed out — Cognizance against the owner and the manager ~ SLP before this Court — Petitioner removed all the defects pertaining to infrastructure ~ Subsequently, defects pertaining to contract labour also rectified — Thus, the order passed by the High Court, rejecting the prayer made by the appellants for quashing the proceedings initiated against them, does not call for interference — As regards the punishment of appellants u/s. 92, rather than requiring the appellants to face a protracted trial, this Court may consider the appropriateness of imposing a reasonable punishment on the appellants, by accepting the said violations,— In terms of the mandate of s. 92, to meet ends of justice, penalty of Rs.50,000/- each imposed on the appellants — Bihar Factories Rules, 1950. Delhi Cloth and General Mils Co. Ltd. vs. The Chief Commissioner, Delhi and others 1970 (2) SCR 348:(1970) 2 SCC 172; A.K. Industries Limited and others vs. Chief Inspector of Factories and Boilers and others 1996 (6) Suppl. SCR 798: (1996) 6 SCC 665 — referred to. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2016 INSC 372 |
Petitioner | Hemant Madhusudan Nerurkar |
Respondent | State Of Jharkhand And Another |
SCR | [2016] 2 S.C.R. 1052 |
Judgement Date | 2016-05-04 |
Case Number | 442 |
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