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S. K. SEN, A. N. TRIVEDI
Rakesh Chandra Srivastava – Appellant
Versus
Sri Santosh Kumar Mishra and other – Respondent
S. K. Sen, C.J.—We have heard Sri B. P. Singh holding brief of Sri Amit Bose, learned counsel for the appellant and Sri S. M. K. Chaudhary, learned counsel for the respondent No. 1/writ petitioner, (hereinafter referred to as the petitioner).
2. This special appeal is directed against an order passed by the learned single Judge directing the appellant to appear in person and to explain why the orders passed in the writ petition by the learned single Judge have not been carried out.
3. Short facts are that the petitioner filed a writ petition claiming appointment on compassionate ground under the Dying-in-Harness Rules and he was granted relief in the writ petition.
4. The contention of the respondents-State Government in the application, which has been filed by the petitioner, is two fold, firstly the writ petitioner’s father was only a work charge employee and secondly there was a ban imposed by the State Government in making appointment on daily wages or in work charge establishment.
5. The question that arises for consideration in this special appeal is whether after the writ petition is finally disposed of, further orders can be passed on a miscellaneous application
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 ....
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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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