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march 2016

Supreme Court of India · 2016-03-10

Emp.State Insurance Corporation vs A.K.Abdul Samad & Anr

Citation / case number
AIR 2016 SUPREME COURT 1290
Court
Supreme Court of India
Petitioner
Emp.State Insurance Corporation
Respondent
A.K.Abdul Samad & Anr
Author
Shiva Kirti Singh
Bench
Shiva Kirti Singh, Dipak Misra

Judgment text excerpt

The Supreme Court interpreted Section 85(a)(i)(b) of the Employees’ State Insurance Corporation Act, clarifying that while the court has discretion to impose a lesser term of imprisonment, it does not extend to reducing the mandatory fine of five thousand rupees. The Court held that the statutory language mandates both imprisonment and fine, thus the High Court's decision to impose a lesser fine was incorrect. The appeal was allowed, reinforcing the imperative nature of the penalties prescribed by the Act.

Emp.State Insurance Corporation vs A.K.Abdul Samad & Anr · Niyam