Back
B. G. Mandanaik – Appellant
Versus
CBI Jammu – Respondent
JUDGEMENT :
Sanjeev Kumar, J.—The petitioners invoke the extra ordinary jurisdiction of this Court vested under Article 226 of the Constitution of India read with Section 103 of the Constitution of State of Jammu and Kashmir for issuing, inter alia following writs:—
(ii) Certiorari for quashing order dated 26.09.2013 passed by the learned Special Judge (CBI Cases), J&K, Jammu (hereinafter referred to as the ‘trial Court’) whereby the closure report submitted by the CBI, Jammu in the FIR has not been accepted and a direction has been issued to the CBI to obtain sanction for the prosecution against both the petitioners and then produce the final report in terms of the Section 173 of Cr.PC in proper procedure;
(iii) Certiorari for quashing sanction order No.CEO/BG-1/CBI-B/01-2013 BS dated 13.12.2013 issued by the respondent No.5; and
(iv) Certiorari for quashing final report/charge sheet submitted by the CBI
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
