Back
ALLAHABAD HIGH COURT
DALAL, J.
Randhir Narain & Anr. - Appellants
Versus
P. Jagannath - Respondent
Decided On : 03-08-1928
JUDGMENT
Dalal, J. - I am afraid that a view in conflict with that of the District Judge is not possible, _ The District Judge himself admitted that the case was a hard one. A Hindu widow in the capacity of lamhardar recovered certain profits which she ought to have paid to the applicant, She did not do so and was, therefore, sued. In that suit a decree was passed against her. She died during the execution proceedings and the reversioner who was made a party objected that he was not liable under the decree as he was not successor-in-interest of the lady. The argument is quite sound. It is true that in the case of Risal Singh v. Balwant Singh 40 Ind. Cas. 28 C.L.J. 519 : 24 M.L.T. 361 : 9 L.W. 52 : 23 C.W.N. 326 : (1919) M.W.N. 155 : 36 M.L.J. 597 : 21 Bom. L.R. 511 : 45 I.A. 168 (P.C.), their Lordships held that a reversioner would be bound by a decree passed against a widow, as representing the estate, where the widow had an opportunity of defence and the decree was honest and properly passed. In the present case, however, the decree was passed against the Hindu widow for a personal act of not giving profits to co-sharers whose profits she had collected as lamhardar. She was not representing the estate when she was sued but was representing herself. In her capacity of an office bearer she did not act faithfully and so she was sued. Her liabilities, therefore, cannot be passed on to the reversioner under the principles enunciated by their Lordships in the ruling quoted above. I dismiss this appeal with costs.
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
