S.A.DHARMADHIKARI
Bandana Mishra – Appellant
Versus
Union of India – Respondent
1. This writ petition has been preferred against the order dated 2.11.2016 passed in Appeal No.310 TRU/C8551/2/743478/P1 by the Unit Administrative Officer.
2. The contention of learned counsel for the petitioner is that petitioner's husband Shivnandan Mishra is posted in Unit 310, TRU- Air Force Maharajpura, Gwalior since 17.6.2013 and charge sheet has been issued against him. After inquiry, it has been recommended to conduct District Court Martial. A representation was submitted against the recommendation and thereafter appeal has already been submitted to the President of India. During pendency of the appeal before President of India, respondent No.5 has issued impugned order dated 2.11.2016 to conduct the District Court Martial in respect of the petitioner's husband. In view of the order dated 2.11.2016, petitioner's husband is not permitted to leave the station. Since the petitioner being wife of Shivnandan Mishra, she is affected by the impugned order and therefore present writ petition has been filed.
3. At this stage, learned counsel for the respondents has raised an objection with regard to maintainability of this writ petition in as much as statutory efficacious altern
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.
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.