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N.S.HEGDE, B.P.SINGH
State of Maharashtra – Appellant
Versus
Christian Community Welfare Council of India – Respondent
Hegde, J. -- These two appeals arise from a judgment of the Nagpur Bench of the High Court of Judicature at Bombay made in writ Petition (Criminal) No. 204 of 1993. Even though the points for our consideration in these appeals have narrowed down considerably because of the previous orders of this Court in these appeals as also some previous judgments of this Court, we think it necessary to very succinctly refer to the facts to the extent that is necessary.
Some of the policemen on duty in the Crime Branch Office of Nagpur city took into custody one Junious Adam Illamatti, a resident of Ajini Railway Colony on 23.6.1993. While he was in police custody, it is stated he was found dead. It is also alleged that when his wife Jarina Adam went to the police station to enquire about her husband, she was also locked up by the said police and molested. On 26.6.1993 a criminal case being Crime No. 438 of 1993 was registered for offences under Sections 302, 342, 330, 354 read with Section 34 against ten police officers. The investigation in this regard was conducted by a Deputy Superintendent of Police, State CID (Crimes), Mr. Godbole. After investigation the said police officers
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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