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Issues:
1. Interpretation of the term "shop" under section 2(27) of the Bombay Shops and Establishments Act, 1948. 2. Application of the ejusdem generis rule in statutory interpretation. 3. Consideration of legislative intent and policy in statutory construction. 4. Burden of proof in criminal cases and the significance of registration under the Act. Analysis: 1. The judgment revolves around the interpretation of the term "shop" under section 2(27) of the Bombay Shops and Establishments Act, 1948. The appellant, the owner of a small establishment, contested whether his business qualified as a "shop" under the Act. The key issue was whether the establishment, which involved manufacturing spare parts off-site without direct sales or customer services on the premises, fell within the definition of a "shop" as per the Act. 2. The debate centered on the ejusdem generis rule in statutory interpretation. The Attorney-General argued for a broad interpretation of the term "shop," emphasizing a connection to the trade or business conducted rather than the physical premises where sales occur. In contrast, the opposing argument relied on a restrictive interpretation, suggesting that the term "shop" should be limited to defined premises where goods are sold, excluding establishments like the appellant's workshop. The court analyzed these arguments in detail to determine the appropriate scope of the term within the statutory framework. 3. The judgment delved into the legislative intent and policy considerations underlying the Act. It highlighted the Act's social welfare objectives, including the protection of labor rights and safety standards for employees. The court evaluated whether excluding small establishments like the appellant's workshop from the Act aligned with the legislative intent. It noted the provision for the State Government to extend the Act's applicability to such establishments through official notifications, indicating a flexible approach to regulatory coverage. 4. Additionally, the judgment addressed the burden of proof in criminal cases and the significance of registration under the Act. It clarified that the appellant's application for registration as a "workshop" or "factory" did not constitute an admission of being a "shop" under the Act. The court emphasized that the burden of proof in criminal proceedings should not be shifted based on such administrative actions. Ultimately, the court allowed the appeal, setting aside the conviction and restoring the appellant's acquittal, highlighting the importance of legal clarity and procedural fairness in enforcing statutory provisions.
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