ADITYA KUMAR TRIVEDI
Manish Kumar Chand – Appellant
Versus
State of Bihar – Respondent
Petitioners, who possessed similar status relating to C.W.J.C. No.4315 of 2011 under Article 227 of the Constitution of India, filed instant petition for review of the order dated 24.08.2016 whereby and whereunder the said writ was disposed of directing the learned lower Court to decide the issue of jurisdiction at first instance before proceeding ahead with the trial. It is further evident that aforesaid order dated 24.08.2016 passed in C.W.J.C. No.4315 of 2011 was put under challenge in L.P.A. No.1931 of 2016 and the same was disposed of as withdrawn giving liberty to take recourse to appropriate provision of law vide order dated 19.10.2016 and under garb of aforesaid liberty, petitioners have filed instant petition for review.
2. Learned counsel for the petitioners have raised manifold argument pin-pointing the deficiency persisting in the order impugned dated 24.08.2016 and in likewise manner, has also submitted that as there happens to be apparent error while dealing with the issue, consequent thereupon, needs to be reviewed, which is found duly acknowledgeable under Section 114 read with Order XLVII, Rule-1, 2 of the C.P.C.
3. The major plank of argument as raised on beh
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.