Back
(Firm) Kesho Das Ram Gopal – Appellant
Versus
Hazari Lal Chhanga Mal – Respondent
JUDGMENT
1. The following is. the Judgment of the District Judge from which the second Appeal came up before the High Court:
This is a plaintiff's appeal arising out of a suit for damages for non-delivery of 150 bags of sugar under a forward contract for January, February, March, 1920 delivery.
The defence that found favour with the lower Court was that the contract was a wagering one; and that is the one main question in this appeal.
To correctly appreciate the points in the case some general observations are necessary.
Sugar transactions at Cawnpore may be classified first under two heads.
1. Dealings in foreign imported sugar known as Java sugar. From the number of cases that have come before me, it may be provisionally accepted that about September, 1919 owing to wagon restrictions the import of this class of sugar was nominal and so, the prices went up from near Rs. 11 to near Rs. 40. There was a fever of speculation in the market and in case of dealings in such sugar it is not impossible to say that most of them were highly speculative and probably a good many of them bordered on, if not actually, wagering. A set of circumstances attending transactions on this class of sugar may, i
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
