Back
LATIFUR RAHMAN, B. K. MUKHERJEA
Hare Krishna Panigrahi – Appellant
Versus
Jogneswar Panda – Respondent
JUDGMENT
B.K. Mukherjea, J. - This appeal is on behalf of defendant 1 and it arises out of a suit commenced by the plaintiff for enforcement of a mortgage bond. The bond is alleged to have been executed by defendant 1 and his brother, Naba Krishna, to secure an advance of Rs. 50 only. The brother subsequently died leaving defendant 1 as his sole heir. Defendants 2 to 4 are the subsequent purchasers of the mortgage property and defendant 5 is said to be the plaintiff's benamidar, in whose name the mortgage bond was taken. A number of defences were taken by defendants 1 to 4 and their contentions in substance were that there was no due attestation of the mortgage bond, as required by law; that there was no consideration for the same and defendant 5 was not the benamidar of the plaintiff. It was further alleged that the endorsement on the back of the bond was not a genuine endorsement and the suit was barred by limitation. The trial Court overruled all the other defences of the defendants except the one raised on the question of attestation. It held that the mortgage bond could not be admitted in evidence as the plaintiff did not call even one of the attesting witnesses to prove its ex
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
