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DELHI HIGH COURT
HIMA KOHLI
Shiv Nath Choudhary – Appellant
Versus
New Delhi Municipal Council – Respondent
JUDGMENT
Hima Kohli, J.
1. This common judgment shall dispose of the petitions filed by the petitioners/vendors as the issues raised in these writ petitions are common. For the sake of convenience, facts of W.P.(C) 4743/2011 are taken note of.
2. The focus of the lengthy arguments addressed by both sides revolves around an order dated 15.07.2011 passed by the Supreme Court on some miscellaneous applications presented in W.P.(C) 1699/1987 entitled Gainda Ram & Ors. vs. NDMC & Ors., which matter was decided on 08.10.2010 by issuing exhaustive directions. Before proceeding to deal with the respective arguments addressed by the learned counsels for the petitioners/vendors and the respondent/NDMC, it would be appropriate to set out the aforesaid order dated 15.07.2011, which is the bone of contention and is reproduced hereinbelow:
"Heard learned counsel for the applicants and perused the record.
Since judgment of this Court has so far not been implemented, inasmuch as appropriate legislation has not been enacted by the competent legislature, we direct the parties to maintain the status quo as it is obtaining today."
3. It was the submission of the learned counsel for the responden
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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