Back
M. H. BEG, P. S. KAILASAM
Raj Rani – Appellant
Versus
Kailash Chand – Respondent
Judgment
BEG, C.J.I. :- This is the defendants appeal by special leave against the judgment and decree of the Allahabad High Court decreeing the suit of the plaintiff-respondent for partition and separate possession of 2/3rd of House No. 397 in Katra, Allahabad. The plaintiff claimed to be the sole heir of the auction purchaser of the house in October, 1937, at a Court sale in execution of a mortgage decree. The house had been mortgaged by Sharda Prasad representing the line of one son of Kalyan Chand, the common ancestor and original owner, and Sheo Shankar and Sangam Lal representing the line of another son of Kalyan Chand, Kripa Shankar, now represented by the two appellants, his widow and son, was said to be a minor, and, although his brothers acted on his behalf, the defendants alleged that the loan and the mortgage were not binding upon him for want of legal necessity. Shital Prasad, a son of Kalyan Chand, was not a party to the mortgagee deed. Hence, Shital Prasads share could not be said to have been sold. On 12th September, 1938, symbolical possession was taken by the auction purchaser, and, again in 1946, in proceedings for execution of a decree. But, the house continued t
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
