Back
BENNET, NIAMATULLAH, SULAIMAN
Genda Lal – Appellant
Versus
Hazari Lal – Respondent
JUDGMENT
Sulaiman, C.J. - These are revisions from decrees of a Court of Small Causes in which a question of limitation is involved. They have been referred to this Bench as there has been some apparent conflict on the question as to how far the principle of res judicata or estoppel by judgment applies to execution proceedings. A money decree was passed on 12th March 1928, and more than three years after that date, namely on 29th November 1932, the decree-holders filed an application in Court certifying the receipt of Rs. 50 on 11th November 1930. No notice of this was, of course, sent to the judgment-debtor, and the certificate was noted. On the 15th February 1933, the first application for execution was filed, and it was stated in the application that Rs. 50 had been received on 11th November 1930; and there was a further allegation that the judgment-debtor had given a slip, which was lost. The decree-holder prayed for the issue of a warrant of arrest. On 16th February 1933 the office reported that the application was in time. Accordingly a notice, possibly under Order 21, Rule 22, Civil P.C., was issued, fixing 6th March 1933. On receipt of a report that the judgment-debtor had r
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
