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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R. MADHUSUDHAN RAO
Mirza Ahmed Baig – Appellant
Versus
Pavushetty Srinivas – Respondent
| Table of Content |
|---|
| 1. appeal against previous court's judgment. (Para 1 , 2) |
| 2. defendant's claims and contentions. (Para 4) |
| 3. trial court's issues and evidence presented. (Para 5 , 6 , 7) |
| 4. trial court's decree on loan repayment. (Para 8 , 12) |
| 5. court's observations on trial procedure and limitation. (Para 21 , 22 , 23) |
| 6. discussion on limitation and legal principles. (Para 24 , 25 , 26) |
| 7. conclusion on appeal ruling. (Para 28) |
JUDGMENT :
B.R. MADHUSUDHAN RAO, J.
1. This appeal is filed by the appellant-defendant aggrieved by the judgment and decree passed in O.S.No.157 of 2015, dated 23.10.2019 by the I Additional District and Sessions Judge, Warangal.
2. The respondent-plaintiff has filed suit under Section 26 r/w Order 7 Rule 1 of CIVIL PROCEDURE CODE , 1908 and under Sections 36 and 38 of SPECIFIC RELIEF ACT against the appellant-defendant with a prayer to direct the defendant to register the suit schedule property in his favour (respondent-plaintiff), in alternative the defendant (appellant herein) is directed to repay the amount of Rs.23,70,333/- (Rupees Twenty Three Lakhs Seventy Thousand and Three Hundred and Thirty Three only) and to award costs of the suit.
3.1. Respondent-plaint
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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