Back
LAXMI KANTA MOHAPATRA
Naorem Brajakishore Singh – Appellant
Versus
Naorem Shyamsunder Singh and Ors. – Respondent
Laxmi Kanta Mohapatra, CJ.
1. This appeal has been filed by the defendant No. 1 in Original (Partition) Suit No. 6/2001/34/2002. The suit was decreed by the learned Addl. District & Sessions Judge (FTC), Manipur East vide judgment and decree dated 29.1.2005.
2. The respondent No. 1 had filed the suit for partition. The case of the plaintiff-respondent No. 1 is that the plaintiff and defendants 1, 2 and 3 are members of a joint hindu family and are in possession of undivided properties described in 3(three) schedules attached to the plaint which they got from common ancestor late Nourem Ibomcha Singh who died intestate on 22.2.1998. It is the case of the plaintiff-respondent No. 1 that common ancestor late Nourem Ibomcha Singh was paying income tax from the assessment year 1961-62 from out of the income earned from the property described in Schedule 'A' and 'B' of the plaint. After his death the defendant No. 1-appellant has become coparcener of the family and paying income tax in the name of their deceased father. The dispute arose regarding the management of the suit properties, distribution of monthly income from the tenants of the Thangal Bazar and Paona Bazar shop buildin
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.
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
