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DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
KUDRAT SANDHU – Appellant
Versus
UNION OF INDIA – Respondent
ORDER
Dr. D.Y. CHANDRACHUD, J.
1. By an order dated 20 March 2018, we had clarified the previous order dated 9 February 2018. Clause (iii) of the clarifications is relevant and reads as follows:
“(iii) The tenure of the Chairperson and the Judicial/Administrative/Expert/Technical Members of all the
Tribunals shall be for a period of five years or the maximum age that was fixed/determined under the old Acts and Rules;”
On 16 July 2018, this Court issued the following directions in regard to the age of the superannuation of Member of the Income Tax Appellate Tribunal:
“At this juncture, we may note that there is some confusion with regard to the Income Tax Appellate Tribunal (ITAT) as regards the age of superannuation. We make it clear that the person selected as Member of the ITAT will continue till the age of 62 years and the person holding the post of President, shall continue till the age of 65 years.”
CESTAT:
2. In IA 113281 of 2018, the applicant is an Additional District and Sessions Judge in the State of West Bengal, who has been selected as Member (Judicial) in the CESTAT. The notification of appointment of six officers who have been selected as Member (Judicial), including
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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