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CUSTOM EXCISE & SERVICE TAX APPELLATE TRIBUNAL, MADRAS
D.N. PANDA, J.
Aadrik Distributors (P.) Ltd. -Appellant
Versus
Commissioner of Central Excise, Chennai-II -Respondent
Final Order Nos. 40023-40026/2015 E/S/41391 to 41394/2014 E/41172 to 41175/2014
Decided On : 09-01-2015
1. Appellate order suffers from legal infirmity in absence of notice for enhancement of penalty. Accordingly, the appellate order is set aside and the appeals are allowed disposing the stay applications.
2. The facts and circumstances of the case does not warrant remand for further issuance of notice for retrial. Accordingly, the above order is passed.
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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