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SUPREME COURT OF INDIA
K.G. BALAKRISHNAN, CJI., S.H. KAPADIA, JJ.
Sonal Hemant Joshi and Others – Appellants
Versus
State of Maharashtra and Others – Respondents
Criminal M.P. No. 752 of 2010, Criminal Appeal No. 1597 of 2005
Decided On : 11-05-2010
ORDER :
1. Heard learned counsel for the applicant, learned counsel for the State and also learned counsel for the accused.
2. The applicant/petitioner seeks a direction to dispose of the certain property by the Competent Authority. The Competent Authority is permitted to dispose of C.U. Marketing Company (described in Annexure A-2) by following the procedure (described in Annexure A-3) and to disburse the amount to investors accordingly in the interest of justice. If the Income Tax department has any prior claims, that also be considered by the Competent Authority and shall pass appropriate directions. This is in super-session of the order dated 18.11.2005 passed by this Court.
3. Criminal MP is disposed of accordingly.
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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