Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1952 - Coal Mines Regulations MINES-ACT |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | MINES ACT, 1952: s. 72-B r/w s. 2(j) and 18(5) of 1952 Act and Regulation 8- A of Coal Mines Regulations - Deemed Agent - Fatal accident in mine - Complaint - Liability of Chief General Manager referred to in the complaint as deemed Agent - Held: Only a person who is authorised to act on behalf of the owner or purports to act on behalf ยท of the owner may be deemed to be an Agent -- In the absence of any statement having been made or any indication having been given by the owner enabling the appellant to act or purport to act on his behalf, it cannot be said that he was a deemed Agent for the mine -- s.2(j) which defines 'mine' has no reference to any administrative functions in relation to a mine but only technical matters related thereto - Appellant while performing administrative duties, cannot be assumed to have been involved in technical matters of mine -- Besides, the complaint does not state anywhere that appellant acted or purported to act on behalf of owner of the mine or that he took part in the management, control, super Vision or direction of any mine and, therefore, no case for proceeding against him has been made out - Chief Judicial Magistrate erred in taking cognizance of complaint and issuing summons to appellant - Complaint against appellant is quashed. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2014 INSC 173 |
Petitioner | G.n. Verma |
Respondent | State Of Jharkhand & Anr. |
SCR | [2014] 3 S.C.R. 623 |
Judgement Date | 2014-03-06 |
Case Number | 122 |
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