Back
BUCKLAND
Keen Robinson and Co. , Ltd. – Appellant
Versus
Lily Biscuit Co. – Respondent
JUDGMENT
Buckland, J. - This is an application made on behalf of the Lily Biscuit Company, under which firm name two persons, called Pratapchandra Set and his brother Binaykrishna Sat, carry on business, for an order that an ex parte decree, made on 18th May 1931, be set aside. The grounds of the application are that there was no proper service of the writ of summons as required by Order 30, R.3,Civil P.C. (His Lordship on considering evidence found that the summons had been served on a partner of the defendant firm.) A further question arises for decision, for it is contended by reference to Order 30, Rule 3, Civil P. C, that directions of the Court should have been obtained, and that no directions having been obtained, which is the fact, the service is not a proper service within the meaning of the section: The rule says:
Where persona are sued as partners in the name of their firm, the summons shall be served either (a) upon any one or more of the partners, or (b) at the principal place at which the partnership business is carried on within British India upon any person having, at the time of service, the control or management of the partnership business there, as the Court may di
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
