Back
BHIDE
Ata Mohammad – Appellant
Versus
Lachhman Das – Respondent
JUDGMENT
Bhide, J. - This is a second appeal arising out of a suit for recovery of Rupees 1359-9-0 on the basis of a bond. The original bond was for Rs. 9762 and it was payable in ten annual instalments. The plaintiff instituted a suit for recovery of Rupees 2385-10-0 when two instalments remained unpaid. This suit was compromised on 22nd August 1935 and the plaintiff was granted a decree for the full amount and costs. Subsequently the present suit was instituted on 28th August 1936. It was pleaded by the defendant inter alia that full consideration for the bond had not been paid. The plaintiff contended in reply that it was not open to the defendant to take up this plea in view of the compromise decree passed in the previous suit. The trial Court granted a decree for Rs. 1359-9-0. On appeal the learned District Judge remanded the case for trial of additional issues with respect to the question whether the consent decree in the previous case was a bar to the pleas raised by the defendant in the present case. These additional issues were as follows:
(1) Did the consent decree in the previous case debar the defendant from raising the question of consideration and interest in the presen
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
