SANJAY YADAV, ASHOK KUAMR JOSHI
State of M. P. – Appellant
Versus
Ram Singh – Respondent
Yadav, J.--1. This order shall govern the final disposal of Writ Appea l16/2013 and Writ Appea 36/2013.
2. Both these appeals under section 2(1) of Madhya Pradesh Uchcha Nayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 are directed against the order dated 30.10.2012 passed in Writ Petition No. 4654/2007(s).
3. That Writ Appeal No. 16/2013 is at the instance of the State of Madhya Pradesh and its functionaries; whereas, Writ Appeal No. 36/2013 is by the employee.
4. The writ petition at the instance of employee, employed as Constable (Trade Man) in Special Armed Force was directed against the removal order, as the employee was found guilty of the charges of having accepted Rs.1,20,000/- from one Arvind Singh Jatav s/o Late Panchu Jatav for the purpose of securing his job in the SAF. The appeal and revision against the said order were also dismissed on 15.2.2007 and 11.6.2007, which were also challenged in the writ petition.
5. Learned Single Judge on a finding that the alleged transaction was of 20.11.2001 whereas the complaint was lodged by the complainant on 4.6.2005 with no cogent explanation as to the delay, except that despite repeated demand the amount was not returne
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.