Back
CHOTZNER, ASUTOSH MOOKERJEE
Gopal Chandra Pal – Appellant
Versus
Kadambini Dasi – Respondent
JUDGMENT
1. This is an appeal by the plaintiff in a suit for partition of joint property. The plaintiff and the first defendant are two brothers and this litigation was commenced by the plaintiff for division of the properties jointly held by then. Subsequently, the third defendnat, the widow of another brother of the plaintiff and the first defendant, who is now dead, was joined as a defendant. The husband of this lady died during the lifetime of the father of the plaintiff and consequently never became entitled to the properties of his father. The lady claimed that provision might be made in the decree for her maintenance. The District Judge has given effect to this contention: and the only point in controversy in this appeal is, whether provision should be made for her maintenance in the' decree for partition. Three points have been raised before us; namely, first, that the added defendant has no right of maintenance as against the estate received by her b; other-in-law from their father; secondly, that if she had any such right, that has been extinguished by lapse of time; and thirdly, that if she has a subsisting right, it cannot be enforced in a suit for partition.
2. As regard
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
