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M. M. DUTT, R. S. PATHAK, RANGANATH MISRA
State Of U. P. – Appellant
Versus
Hari Shankar Tewari – Respondent
Judgement
RANGANATH MISRA, J. : - This appeal by special leave is directed against the order of the Division Bench of the Allahabad High Court by which it has quashed an order of detention of the respondent made under S. 3(2), National Security Act (hereinafter referred to as the Act). The High Court relied upon a decision of a Full Bench of that Court in Ashok Dixit v. State, disposed of on 1-8-1985 being Habeas Corpus Petition No. 11161 of 1984 for its conclusion that the detention of the respondent was bad in law. The majority opinion of the Full Bench, as far as relevant, said
"A solitary assault on one individual which may well be equated with ordinary murder can hardly be said to disturb public peace or place public order in jeopardy so as to bring the case within the purview of the Act. It can only raise a law and order problem and no more. Assaulting an individual in a bus or train on account of enmity may affect only certain individuals; but if the assault is made indiscriminately in the bus or train and passengers are harassed indiscriminately the same would be likely to endanger public order as this kind of incident is bound to have such impact that it will disturb the eve
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.
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