SANDEEP N. BHATT
Narendrabhai Balvantrai Vashi – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
SANDEEP N. BHATT, J.
1. Rule returnable forthwith. Mr. Soaham Joshi, learned APP waives service of notice of rule for and on behalf of the respondent-State.
2. By way of present application, the applicant-original accused has prayed for the following reliefs:
(B) be pleased to quash the impugned complaint being the Criminal Case No. 08/2019 dated 26/02/2019 filed by the respondent no. 2 before the Labour Court, Navsari, order dated 26/02/2019 taking cognizance and the process issued in it at Annex. A (Colly.) for the offences punishable under section 92 of the Factories Act, 1948.
(C) be pleased to stay the proceedings of Criminal Case No. 08/2019 dated 26/02/2019 filed by the respondent no. 2 before the Labour Court, Navsari, order dated 26/02/2019 taking cognizance and the process issued in it at Annex. A (Colly.) for the offences punishable under section 92 of the Factories Act, 1948 pending hearing till final disposal of the present petition.
(D) be pleased to grant ad-interim relief in terms of the above mentioned clause.
(E) be pleased to grant such other and further relief as the nature and circumstances of the pr
HDFC Securities Ltd. and Others vs. State of Maharashtra and Another
The court established that a magistrate must provide a reasoned order when summoning an accused, and that the absence of sufficient evidence to support charges can lead to the quashing of criminal pr....
Directors are not liable for offences under Section 92 of the Factories Act, 1948, and related sections and rules.
The court held that only one director of a company can be prosecuted for violations under specific sections of the Factories Act, affirming a strict interpretation of legislative intent.
It is well settled that at stage of issuing process, Magistrate is mainly concerned with allegations made in complaint or evidence led in support of same and Magistrate is only to be satisfied that t....
Point of law : If an order is not obligatory to be passed under the statute, no appeal would lie against the offence alleged under Section 7A(2)(c) of the Factories Act as is alleged in the case at h....
Grant of bail – Dowry death – Courts are duty bound to undertake deeper scrutiny of circumstances under which bail is granted in these case – Superficial application of bail parameters not only under....
The complaints were an abuse of process of court, as there was no violation of law and rules and regulations, and the complaints were filed belatedly. The non-mention of the show cause notice and its....
The management's factory closure without requisite permission violated Sections 25(O) and 25(R) of the Industrial Disputes Act, establishing grounds for criminal charges.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.