Back
B. K. MUKHERJEE, M. C. MAHAJAN, N. H. BHAGWATI, T. L. VENKATARAMA AYYAR, VIVIAN BOSE
Ashalata Debi – Appellant
Versus
Jadu Nath Roy – Respondent
Judgement
BHAGWATI, J. :
This is an appeal against the judgment and decree of the High Court of Judicature at Calcutta reversing the order of the Third Subordinate Judge, Alipore dismissing the Respondents applications for re-restoration of certain immovable properties.
2. One Romesh Chandra Acharji Choudhury (deceased) predecessor-in-interest of the Appellants borrowed on the 16th August 1918, Rs. 1,60,000 and Rs. 73,000 from the predecessors-in-interest of Respondents under two deeds of mortgage. There being default in payment of the mortgage amounts a suit to realise the mortgage securities was filed on the 10th March 1926 in the Third Subordinate Judge s Court Alipore. A preliminary mortgage decree for Rs. 4,21,851-1-6 was passed on the 4th April 1929 and a decree absolute for sale was prossed on the 13th September 1929.
The mortgaged properties were put up for sale in execution proceedings in 1930 and the decreeholders purchased the properties at auction sales on the 29th February 1932 and the 23 rd April 1935 for an aggregate amount of Rs. 2,35,200. These sales were duly confirmed and the auction purchasers took delivery of possession of different times of property on different
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
