Back
MUKERJI, GREAVES
Nalini Kanta Mukherji – Appellant
Versus
Hari Nikari – Respondent
JUDGMENT
Greaves, J. - This is an appeal by the Defendants in a suit against a decision of the District Judge of Jessore, dated the 4th April 1922, reversing a decision of the Munsif of the 1st Court at Jhenidah. It will be convenient first of all to state the facts. In the year 1916, the present Appellants instituted in the Court of Small Causes, a suit against the Respondents on a hand-note. A month after the institution of the suit, namely, on the 28th April 1916, the present Appellants obtained an ex parte decree against the Respondents for a gum of Rs. 59-8 as. The case of the Respondents is that they knew nothing of that decree until the 7th of June 1919, when certain moveable articles of theirs were seized in execution of the decree. Thereupon the present Respondents applied under Order 9, Rule 13, C.P.C., to set aside the ex parte decree, contending that summonses had been suppressed. These proceeding a were contested, but the present Respondents failed in their application, and it was thus held that summonses were duly served on the present Respondents. As a result of the Respondents' failure in these proceedings, they, on the 15th January 1920, instituted the present suit
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
