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january 2008

Supreme Court of India · 2008-01-29

Som Mittal vs Govt. Of Karnataka

Citation / case number
AIR 2008 SUPREME COURT 1026
Court
Supreme Court of India
Petitioner
Som Mittal
Respondent
Govt. Of Karnataka
Author
H.K. Sema
Bench
H.K. Sema, Markandey Katju

Judgment text excerpt

The Supreme Court upheld the High Court's decision to dismiss a petition under Section 482 of the Code of Criminal Procedure, which sought to quash cognizance taken under Sections 25 and 30(3) of the Karnataka Shops and Commercial Establishments Act, 1961. The Court emphasized that the inherent powers under Section 482 should be exercised sparingly and only in exceptional cases to prevent miscarriage of justice. The appeal was dismissed, affirming the High Court's alteration of cognizance to Section 25 read with Section 30(1) of the Act.

Som Mittal vs Govt. Of Karnataka · Niyam