Back
SEN
(Siri) Narain Tewari – Appellant
Versus
Brij Narain Rai – Respondent
JUDGMENT
Sen, J. - This is an appeal by the decree-holders and the only question raised in the appeal is one relating to limitation.
2. Mt. Jokhna Tewarin obtained a decree against a number of persons from the Court of the Additional Subordinate Judge of Gorakhpur in Suit No. 198 of 1911 on 28th August 1912. Amongst the. defendants to the action were Raja Bahadur Brij Narain Rai and Rai Jagdish Narain Rai. The decree passed against them was for delivery of possession of a one anna seven pie and 10 chhatak zamindari share of a village called Kat Kuian. The decree was not unconditional. It provided that the right to possession was contingent upon Mt. Jokhna depositing in the Court to the credit of Brij Narain Rai and Jagdish Narain Rai a sum of Rs. 2,499-15-0. No date for payment of this sum was specified in the decree.
3. Mt. Jokhna died. She did not fulfil the condition in her lifetime; nor did she apply for the execution of the decree. The present application for execution was made by her sons and heirs on 31st, July 1928. The application was presented in a certain Court in Gorakhpur. That Court returned the application to the decree-holders for presentation to the proper Court on th
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
