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A. N. RAY, D. G. PALEKAR, S. M. SIKRI
Luka Mathai – Appellant
Versus
Neelakanta Iyer Subramonia Iyer – Respondent
Judgment
SIRKI, CJI. :- By judgment dated May 26, 1970, this Court (Sikri, J., as he then was, and Ray J.) allowed Civil Appeal No. 542 of 1967, (reported in (1971) 1 SCR 629), set aside the judgment of the High Court and passed a decree in favour of the appellant after modifying the decree passed by the Trial Court. The respondent subsequently filed Review Petition No. 35 of 1970 for review on the ground that they had failed to bring to the notice of the Court the provisions of Tranvancore Regulation IX of 1094 and the fact that the loans were granted under the above Regulation. We allowed review on February 1, 1971. This judgment is however, in continuation of our earlier judgment dated May 26, 1970.
2. The only new point which needs discussion is the effect of the provisions of Travancore Regulation IX of 1094 on our conclusion on the fourth point in the judgment.
3. We had inter alia held that the "fourth point raised by the learned counsel for the plaintiff is fatal for the respondent". We observed that "the bonds do not give power to the Government to sell the properties other than (those?) mentioned in the bond. The properties mentioned in plaint A schedule items 2 to 5, B Sche
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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