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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, CJ, SANDEEP V. MARNE
Central Depository Services (India) Ltd. – Appellant
Versus
Rajendra Yeshwant Shah – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments on maintainability of appeals. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. further arguments and defenses raised. (Para 13 , 14 , 15 , 16 , 17) |
| 4. discussions on statutory interpretations. (Para 18 , 19 , 20) |
| 5. court's reasoning on the execution applicability. (Para 21 , 22 , 23 , 24) |
| 6. judicial observations regarding jurisdiction issues. (Para 25 , 26 , 27 , 28 , 29) |
| 7. comparison between the 1940 act and 1996 act. (Para 30 , 31 , 32) |
| 8. distinctions in appealability between act provisions. (Para 33 , 34 , 35 , 36 , 37) |
| 9. effects of the repealed provisions on current proceedings. (Para 38 , 39 , 40 , 41 , 42) |
| 10. final analysis on legislative intent. (Para 43 , 44) |
| 11. consequential findings leading to the decision. (Para 45 , 46 , 47) |
| 12. court's resolution of objections against appeals. (Para 48 , 49 , 50 , 51 , 52) |
| 13. determining cdsl's liability and defenses. (Para 53 , 54 , 55 , 56 , 57) |
| 14. assessment of amu's claims and defenses. (Para 58 , 59 , 60) |
| 15. final conclusions on both appeals. (Para 61 , 62 , 63 , 64) |
| 16. conclusion and order set by the court. (Para 79 , 80 , 81 , 82) |
JUDGMENT :
SANDEEP V. MAR
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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