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MOHAMMAD ISMAIL
Kashi Nath Tewari – Appellant
Versus
Makchhed Tewari – Respondent
JUDGMENT
Mohammad Ismail, J. - This is a defendants' appeal from a decree of the learned Civil Judge of Gorakhpur which affirmed a decree of a learned Munsif of that district. The plaint states that by deed of exchange dated 28th May 1915 the plaintiffs obtained plots in list B while the defendants became owners of plots in list A. The plaint further states that ever since the execution of the deed of exchange the parties have been in possession of the plots assigned to each other; that the Revenue Court for certain reasons have not given effect to the transfer in the revenue papers and that the defendants encouraged by the order of the Revenue Court have attempted to interfere with the plaintiffs' possession. On these allegations it is prayed that the plaintiffs may be granted declaration that they are owners of the plots enumerated in list B and that the defendants are not entitled to interfere in their enjoyment and possession of the aforesaid plots. In the alternative it is prayed that if for any reason the first relief is not granted to the plaintiffs they may be awarded a decree for possession of the plots comprised in list A together with Rs. 100 spent by the plaintiffs 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.
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