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M. NIRMAL KUMAR
Calin Macdonald – Appellant
Versus
State rep by, The Deputy Director, Industrial Safety and Health – Respondent
ORDER :
COMMON PRAYER: Criminal Original Petitions are filed under Section 482 of the Code of Criminal Procedure, to call for the records in connection with C.C.Nos.120 to 127 of 2015 respectively on the file of the Learned Chief Judicial Magistrate, Chengalpet and quash the same.
All these Criminal Original Petitions filed to quash the proceedings in C.C.Nos.120 to 127 of 2015 pending on the file of the Chief Judicial Magistrate Court, Chengalpet (trial Court).
2. Since all the cases in C.C.Nos.120 to 127 of 2015 arise out of common show cause notices, dated 14.01.2015 in Na.Ka.(F)No.94/2015, this Court disposes all these Criminal Original Petitions by way of common order.
3. The gist of the case in C.C.Nos.120 to 127 of 2015 is that M/s. Renault Nissam Automotive India Private Limited is situated at plot No.1, Sipcot Industrial Park, Oragadam, Mattur Post, Sriperumbudur Taluk, Kancheepuram (For convenience and clarity hereinafter referred to as 'RNAIPL'). RNAIPL is a registered factory under Section 2(m)(i) of the Factories Act, 1948. RNAIPL is a Joint Venture of Renault group BV in Netherlands and Nissan Motor Company Limited, Japan formed under an Memorandum of Understanding with G
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 importance of timely and reasoned responses to show cause notices and the implications of delayed replies in criminal prosecutions under the Factories Act.
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....
Directors are not liable for offences under Section 92 of the Factories Act, 1948, and related sections and rules.
The court emphasized the necessity of adhering to safety regulations in factories, clarifying the applicability of the Factories Act even with fewer than ten workers, and addressing procedural errors....
Directors exercising ultimate control over a factory are deemed occupiers and are strictly liable for failing to implement mandatory safety measures or for operating machinery without statutory appro....
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