Back
MACNAIR, SUBHEDAR
KANHAIYALAL MARWADI – Appellant
Versus
DAHLIA BARI – Respondent
Macnair And Subhedar, A J C—On his own petition one Bapu was adjudged insolvent on 22nd September 1928 and the appellant, who is one of the creditors, was appointed a receiver to take charge of Bapu's estate. At the instance of the receiver warrants for attachment of the insolvent's property were issued and some property was attached. The respondent Dablia, a nephew of the insolvent, filed an objection against the attachment of one of the three attached houses and certain mango trees on the ground that the house belonged to him because of its having been allotted to his share at the private partition made between him and the insolvent about five years previously and that the trees were purchased by him from the insolvent on 10th August 1927. The insolvency Court held that there was no partition between the objector and the insolvent as alleged by the former, that both of them still formed a joint Hindu family and that therefore the attached property belonged to the joint family : the sale of the trees was held fraudulent. On these findings the insolvency Court passed the following order :
This is not a case where the objection has been filed by a son of the insolvent. Theref
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
