THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Pramod Kumar Sharma, S/o- Late Shiv Bhagwan Sharma – Appellant
Versus
Guwahati Municipal Corporation, Represented By The Commissioner – Respondent
Judgment :
SANJAY KUMAR MEDHI, J.
The approach to this Court by invoking the writ jurisdiction under Article 226 of the Constitution of India has been made challenging an order dated 15.07.2024 issued by the respondent no. 2 under Section 337(3) of the GUWAHATI MUNICIPAL CORPORATION ACT , 1971.
2. It is the case of the petitioner that though the impugned notice was issued in the name of the respondent no. 4, on the basis of the said notice, the tenanted premises of the petitioner has been partly demolished and there is an apprehension of further demolition of the other parts.
3. The reliefs prayed for in this petition are extracted hereinbelow:
“It is, therefore, prayed that Your Lordships may be pleased to issue a Rule calling upon the respondents no. 1 to 3 to show cause as to why the impugned Order dated 15/07/2024 issued the respondent no 2, on the basis of which the tenanted premises of the petitioner was partly demolished, should not be quashed.
And why the petitioner shall not be compensated for the loss incurred to him due to illegal and arbitrary demolition of the premises of the petitioner wherein his articles of business were destroyed and the petitioner is suffering from loss
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.