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Supreme Court of India
K.G. BALAKRISHNAN, CJI., ARIJIT PASAYAT & S.H. KAPADIA, JJ.
T.N. Godavarman Thirumulpad
Versus
Union of India & Others
IAs. Nos. 1413-14, 1426 & other related IAs regarding proposals examined by the FAC in W.P.(C).No. 202 of 1995
Decided On : 07-12-2007
Judgment :
It is brought to our notice that 18 temporary working permissions have been given for mining leases by the Ministry Environment and Forests (MoEF) in the State of Goa between 1-9-2007 to 30-11-2007. The learned amicus curiae points out that in these 18 cases opinion of CEC was not sought for nor was the matter brought to the notice of this Court and the entire mining area comes within the forest area of Goa.
2. The learned Solicitor General appearing for MoEF may give its response within a week. Post the matter on 14-12-2007.
All these parties – V.M. Salgaocar & Bros. (P). Ltd., Halder Kassim Khan, V.S. Dempo & Co. Ltd., Rajesh Timblo, Badrudin Mavani, Sova, M.S. Talaulicar & Bros., Hiru Bambo Gauns, Sociedade Tmmblo Irmaog, Emco Goa Ltd., G.N. Agarwal, and A.V.S. Velingkar be impleaded as respondents and notice be given to these parties who are granted temporary working permissions. Till such time these respondents are directed not to carry out any work under the temporary working permission.
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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