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ARAVIND KUMAR, VIPUL M. PANCHOLI
Canara Bank – Appellant
Versus
K. L. Rajgarhia (D) through LRs. – Respondent
JUDGMENT :
ARAVIND KUMAR, J.
1. The Appellant before this Court is the unsuccessful Plaintiff in a suit1 [Suit No. 1669 of 1989, hereinafter referred to as the Suit] for Specific Performance and the Respondent is the Defendant in the suit. (The parties hereinafter are referred to by their respective ranks in the suit.) The Single Judge2 [Hereinafter referred to as the Trial Court] of the Delhi High Court3 [Hereinafter referred to as the High Court] had decreed the suit filed by the Plaintiff against the Defendant, directing the Defendant to execute a Registered Sale Deed in favor of the Plaintiff, based on the Agreement to Sell4 [Hereinafter referred to as the Agreement] dated 27.12.1984. This judgment and decree of the Trial Court was challenged in RFA (OS) No. 47 of 2009 by the Defendant before the Division Bench of the High Court which came to be allowed by the impugned order dated 08.05.2012 and dismissed the Plaintiff’s suit with respect to specific performance. However, directed the refund of the consideration already paid by the Plaintiff. This order of the Division Bench of the High Court is now assailed before this Court in the present appeal by the plaintiff.
BRIEF FACTS:
2
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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