Back
ALLAHABAD HIGH COURT
KARAMAT HUSAIN, TUDBALL, JJ.
Kuber Nath & Ors. - Appellants
Versus
Mahali Ram & Ors. - Respondents
Decided On : 31-05-1912
JUDGMENT
1. The managers of the five ginning firms came to an agreement, whereby they fixed the rates to be charged for ginning and baling cotton, thus forming a combination, and agreed that for a certain definite period, the profits of ginning would be 7 annas 6 pies and of baling one anna 6 pies per maund. They further agreed that the profits were to be divided, and that those for baling were to be divided equally, while those for ginning were to be divided in proportion to the ginning capacity of the various factories A dispute as to the ginning capacity of factories arose and suit instituted for share profits according ginning capacity their mills. The of first instance decreed claim. On appeal, decree slightly modified lower Appellate as amount which plaintiffs were entitled. In second appeal this Court, only point pressed before us is that agreement relied on was contrary to public policy and void in law. There are two cases decided by the Bombay High Court Haribhai Maneklal v. Sharaf Ali Isabji 22 B. 861 and Fraser & Co. v. The Bombay Ice Manufacturing Co. 29 B. 107 : L.R 7 Bom.. 107 which show that such a contract is neither in restraint of trade nor opposed to public policy. We agree with these rulings. The appeal, therefore, fails and is dismissed 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
