Back
KANHAIYA LAL, STUART
Amba Prasad – Appellant
Versus
Wahid Ullah – Respondent
JUDGMENT
1. This appeal arms oat of a suit brought by the plaintiff-appellant for the redemption of a two-thirds share of Katra Gulab Singh situated in Kashmiri Bazar, Agra, The Katra originally belonged to Dhami Singh who left three sons, Jawala Prasad, Bhawani Shankar and Debi Shunkar, On the 28th November 1877 these three brothers mortgaged two stables and a house situated in Katra Gulab Singh in favour of Sakhden Rai. The mortgage was simple. On the 6th March 1878 the three brother mortgage the said Katra Galab Singh with other properties with possession in favour of Sheikh Abdullah. On the 30th May 1878 two of them, Bhawani Shankar and Jawala Prasad, mortgaged their two-thirds share of Katra Gulab Singh in favour of Durga Prasad.
2. On the 15th August 1879 Sakhdeo Rai sued on his mortgage of the 28th November 1877 without impleading Sheikh Abdullah or Durga Prasad and obtained a decree for sale, in execution of whish the mortgaged property, namely, two stables and a house in Katra Gulab Singh, was sold by auction and purchased by Sheikh Abdullah, the subsequent usufructuary mortgagee. On the 12th October 1879 Durga Prasad sued on his mortgage of the 30th May 1878 without implead
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
