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CALCUTTA HIGH COURT
, J
Superintendent and Remembrancer of Legal Affairs, Government of West Bengal – Appellant
Versus
Madhavlal Mehta – Respondent
| Table of Content |
|---|
| 1. facts of the prosecution under the factories act. (Para 1 , 2) |
| 2. arguments regarding the procedure in the trial. (Para 3 , 4 , 5) |
| 3. court's reasoning on the merits of prosecution. (Para 6 , 9 , 10) |
| 4. final conclusions regarding feasibility of sending the case back. (Para 8 , 12) |
1. Two points of law, one relating to procedure and the other to merits, have been raised in this Rule obtained by the Superintendent and Remembrancer of Legal Affairs, Government of West Bengal, and directed against an order dated the 9th February, 1973, passed by Shri A.K. Dutta, Sub-Divisional Judicial Magistrate, Chandernagore. Dist. Hooghly, in C.R. Case No. 793 of 1972 under S.92 of the Factories Act, 1948 (Act LXIII of 48).
2. The facts leading on to the Rule can be put in a short compass. Shri K.K. Sengupta, Inspector of Factories, Serampore filed a petition of complaint before the learned Sub-Divisional Judicial Magistrate. Chandernagore on 14-9-1972 against five accused persons, including the two accused opposite parties, stating inter alia that the complainant is the Inspector of Factories. Serampore and filed the petition of complaint in his official capacity; that during his
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