S.TALAPATRA
Sunil Chandra Bhowmik, son of late Ambika Charan Bhowmik @ Sarkar – Appellant
Versus
Hemendra Sarkar – Respondent
Heard Mr. D.R. Choudhury, learned counsel appearing for the plaintiff-appellants as well as Mr. S.M. Chakraborty, learned senior counsel assisted by Mr. S. Saha, learned counsel appearing for the respondents.
2. This is an appeal under Section 100 of the CPC from the judgment dated 29.09.2012 delivered in Title Appeal No. 28 of 2010 by the Addl. District Judge, Court No.3, Agartala, West Tripura. The said judgment is a common judgment delivered in Title Appeal No.27 of 2010 and Title Appeal No.28 of 2010.
3. At the time of admission of this appeal following substantial questions of law were formulated by this court:
(i) Whether the judgment and decree suffer from perversity
(ii) Whether the courts below failed to appreciate the implication of Section 43 of TLR and LR Act, 1960.
Liberty was granted to the plaintiff-appellants to raise any other substantial question of law at the time of hearing.
4. By exercising that liberty the plaintiff-appellants filed an interlocutory application being IA 126 of 2017 in this court urging to formulate two more substantial questions of law, but by the order passed today the said interlocutory application has been rejected assigning rea
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.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.