LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jeevesh Mehta (Advocate )     05 October 2012

Delhi shops & establishment

An order has been passed by the authority under Delhi Shops and establishment act. Kindly through some light as to whether that order is appealable or not , if yes then which appellate authority.

 

Regards



Learning

 1 Replies

Kumar Doab (FIN)     06 October 2012

Upon plain reading of the SE Act Delhi:

40. Penalties:

(e) Appeal

     Any   person   convicted   of   an   offence   for   a   contravention   of   any   provisions  of   this  Act   by   a

Magistrate of First Class may appeal to the Court of Sessions (section 408 of Cr. P.C.). But no

appeal shall lie where a trial is commenced before a Magistrate of First Class and the person

convicted of an offence under this Act is sentenced by such Magistrate to fine not exceeding fifty

rupees only (section 413 of Cr. P.C.), or is tried summarily by such Magistrate and sentenced to

fine   not   exceeding   two   hundred   rupees   only   (section   414   of   Cr.   P.C.).   Where,   however,   an

accused person has pleaded guilty and has been sentenced by a Magistrate of First Class on

such plea, for any contravention of the provisions of this Act, there shall be no appeal except as

to the extent or legality of the sentence (section 412 of Cr. P.C.).

 

You may obtain latest version of the Act from Dept. of labor Delhi or market and relate. You may go thru the offense, the  order passed and check in the Act for provisions of appeal.


Attached File : 953732489 delhi shops & establishments act, 1954.pdf downloaded: 208 times

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register