Back
GRIMWOOD MEARS, PIGGOTT, PRAMADA CHARAN BANERJI, RYVES, WALSH
Ghansham Singh – Appellant
Versus
Bhola Singh – Respondent
JUDGMENT
Grimwood Mears, C.J., Piggott, Walsh and Ryves, JJ. - This appeal was referred to a Bench of five Judges to decide whether the appellant's right of appeal was barred by what has been called ''the principle of res judicata," in accordance with a preliminary objection taken by the respondent, or, in other words, whether the ruling in Zaharia v. Debia ILR (1910) All. 51 applied to it, or whether, as the appellant contended, it was governed by the riding in Damodar Das v. Shea Ram Das ILR (1907) All. 730 and in effect, therefore, whether the latter decision was correctly reported as having been overruled by the former.
2. We are of opinion that there is no such bar and that the preliminary objection fails. The facts are simple. The plaintiff sues upon a mortgage executed by the defendant in his favour, on the 28th of May, 1914, and claims re-payment of the principal amount secured, with interest thereon at the contract rate, or, in the alternative, sale of the mortgaged property. The Munsif decreed the claim, but deprived the plaintiff of costs upon the ground that the rate of interest was excessive and that the sum had swelled to an inordinate amount. From this preliminary decr
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
