1) As per Justice Krishna Iyer “Every litigation has a moral and, these appeals have many, the foremost being that the economics of law is the essence of labour jurisprudence.”
2) Arbitration award of an industrial dispute can be passed under Section 10A of the Industrial Disputes Act, 1947.
3) But the jural resolution of labour disputes must be sought in the law-life complex, beyond the factual blinkers of decided cases, beneath the lexical littleness of statutory texts, in the economic basics of industrial justice which must enliven the consciousness of the court and the corpus juris.
4) The ethical roots of jurisprudence, with economic overtones, are the clan vital of any country's legal system.
5) Capital shall be the brother and keeper of Labour and cannot disown this obligation, because Articles 43 and 43A are constitutional mandates.
6) Subsection (1) of Section 319 of the Criminal Procedure Code empowers Court for addition of new accused in a case.
7) The Constitutional mandate under Articles 20 and 21 of the Constitution of India, 1950 provides a protective umbrella for the smooth administration of justice making adequate provisions to ensure a fair and efficacious trial so that the accused does not get prejudiced after the law has been put into motion to try him for the offence but at the same time also gives equal protection to victims and to the society at large to ensure that the guilty does not get away from the clutches of law.
8) Certain statutory presumptions in relation to certain class of offences have been raised against the accused whereby the presumption of guilt prevails till the accused discharges his burden upon an onus being cast upon him under the law to prove himself to be innocent.
9) Section 351 of the Criminal Procedure Code, 1898 (`Old Code’), empowered the court to summon any person other than the accused if he is found to be connected with the commission of the offence, who is present in the court during the time of hearing. (This act is repealled but still referred to interpret the new Criminal Procedure Code).
10) Section 319 Cr.P.C. springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted) and this doctrine must be used as a beacon light while explaining the ambit and the spirit underlying the enactment of Section 319 Cr.P.C.
Reference:
Gujarat Steel Tubes Ltd vs Gujarat Steel Tubes Mazdoor Sabha on 19 November, 1979 Equivalent citations: 1980 AIR 1896, 1980 SCR (2) 146
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