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SUJOY PAUL
Anurag Jaiswal – Appellant
Versus
Collector, Khandwa – Respondent
1. This petition filed under Article 227 of the Constitution of India challenges the order passed by the appellate Court in MCA No. 32/2018 dated 27.8.2018, whereby the appeal preferred by the respondent No. 3 against the order refusing injunction by the trial Court in Civil Suit No. 31- A/2018 dated 18.5.2018 is allowed and the learned appellate Court set aside the said order dated 18.5.2018 and remitted the matter back before the trial Court with certain directions.
2. Mr. Akhilesh Jain, learned counsel for the petitioner submits that respondent No. 3/plaintiff filed a suit for declaration and permanent injunction along with an application under Order 39 Rules 1 and 2 CPC. The trial Court rejected the injunction application by order dated 18.5.2018 (Annexure P-7). Aggrieved, the respondent No. 3 preferred an appeal under Order 43 rule 1(r) of CPC. After hearing the parties, the appellate Court, by order dated 27.8.2018, set aside the impugned order and directed to undertake certain exercise as mentioned in para 13 of this order and, thereafter, decide the injunction application afresh.
3. Criticizing this order, Mr. Jain, learned counsel for the petitioner cont- ended that: (
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.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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