Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation for prosecution 1948 Factories Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Factories Act, 1948 - s. 106 - Limitation for prosecμtion - Fire accident dated 3.3.1989 - Complaint by Inspector of C factories on 7.5.1990 - Whether barred by /imitation - Held: A complaint is required to be filed within three months of the date on which the alleged commission of offence came to the knowledge of the Inspector - In the facts of the case, the date of knowledge to the Inspector would be 5.3.1989 i.e. when the D preliminary investigation was conducted - The date on which the Inspector formally received the detailed inquiry report, cannot be considered as date of knowledge, in the facts of the case - Bihar Factory Rules, 1950.Practice and Procedure - Interim order/stay of proceedings before lower forum - Continuation of, despite disposal of the procee.dings in higher forum - Held: Such continuation cannot be assumed. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2014 INSC 535 |
Petitioner | J.j. Irani & Anr. |
Respondent | State Of Jharkhand |
SCR | [2014] 8 S.C.R. 385 |
Judgement Date | 2014-08-08 |
Case Number | 1668-70 |
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