Back
ROXBURGH, B. K. MUKHERJEA
Jaikarandas Agarwalla – Appellant
Versus
Protapsing Agarwalla – Respondent
JUDGMENT
B.K. Mukherjea, J. - This is an appeal on behalf of defendants 2 and 3 and it arises out of a suit commenced by the plaintiff for enforcement of a mortgage bond. The facts lie within a short compass and are, for the most part, undisputed. The defendant 1 executed a mortgage bond in favour of the plaintiff on 15th January 1935 to secure a loan of Rs. 2500. Shortly after this defendants 2 and 3 obtained a money decree against defendant 1 for a sum of about Rs. 1299 in the Court of the Munsif at Jalpaiguri. The date of the decree is 7th February 1935. The decree was executed in money execution Case No. 58 of 1935 and the properties included in the mortgage bond were attached on 22nd February 1935. The plaintiff mortgagee preferred a claim but it was dismissed for default as he did not appear at the date of hearing. In the result the attached properties were sold and they were purchased by defendants 2 and 3 for a sum of about Rs. 300 only. The plaintiff has now instituted the present suit and has prayed for sale of the mortgaged property and also for setting aside the order of dismissal for default passed in the claim proceeding. The suit was contested by defendants 2 and 3 on
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
