Back
S. N. HUSSAIN, AHSANUDDIN AMANULLAH
State of Bihar through the Secretary-cum-Commissioner, Department of Home, Bihar – Appellant
Versus
Shiv Nath Ram – Respondent
S.N. Hussain & Ahsanuddin Amanullah, JJ.
1. Although both the abovementioned letters patent appeals were filed and were admitted on separate dates, but subsequently both of them were made analogous and were heard together because subject matter of dispute was similar and the authorities concerned are also the same.
2. The first case bearing L.P.A. No.332 of 2008 was filed by the State of Bihar and its authorities against order dated 04.07.2007, by which a Bench of this Court allowed C.W.J.C. 11306 of 2006 filed by the sole private respondent of this appeal and quashed memo dated 02.05.2001 of the Director General of Police, holding that the respondent should be considered to have retired on 31st December of the year, in which he completed the age of superannuation, which, in this case, was 2000.
3. The second case bearing L.P.A. No.1328 of 2011 was filed by the sole appellant against the authorities concerned challenging order dated 01.08.2011, by which a Bench of this Court dismissed C.W.J.C. No. 1393 of 2007 filed by him affirming the orders of the authorities superannuating the appellant with effect from 01st July of the year, in which he completed the age of superannua
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
