Court : Punjab and Haryana
Decided on : Sep-05-1956
Reported in : AIR1957P& H117
Bhandari, C.J. 1. We have been called upon to answer a question which may for convenience be propounded asfollows:-- 'If a judgment is partly in favour of a party and partly adverse to him and he appeals from the portion which is adverse, can the judgment of the appellate Court, be regarded as a judgment of affirmance if it modifies the decision under appeal in favour of the appellant?' 2. Messrs. Kanhaya Lal-Sham Lal brought a suit against the Union of India for the recovery of a sum of Rs. 2,98,238 and obtained a decree in a sum of Rs. 1,58,271-2-10 with proportionate costs and future interest. On appeal by the Union of India this Court reduced the decree to a sum of Rs. 1,33,275-11-4 thereby decreasing the liability o the Union of India to the extent of Rs. 24,995-7-6. The Union of India are anxious to prefer an appeal to the Supreme Court and have asked us to certify that the amount in controversy is not less than Rs. 20,000, that the judgment of this Court does not confirm the dec...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-19-1956
Reported in : AIR1956P& H193
Kapur, J. 1. This matter has been referred to a Division Bench by my learned brother Harnam Singh J., because of the conflict of opinion between the Bombay High Court in -- 'Bhagwan Shankar v. Raja-ram Bapu', 1951 Bom. 125 (AIR V 38) (FB) (A), and the Rajasthan Court in -- 'Shah Premchand v. Shah Danmal', 1954 Raj. 4 (AIR v 41) (B). The appeal in this Court was brought by the decree holder against an order of the Senior Subordinate Judge, Ludhiana, dated 14-5-1952 dismissing the application for execution.2. On 17-2-1948 firm Radhe Sham-Roshan Lal obtained a decree for Rs. 14,000 against firm Kundan Lal-Mohan Lal from the Court of a Subordinate Judge at Indore. The Maharaja of Indore signed a covenant with the Dominion of India on 18-4-1948 and on 28-5-1948 the State of Madhya Bharat was created by the merger of several States including Indore: Appendix XXXVII at page 252 in the White Paper on Indian States issued by the Ministry of States.There is no term in this covenant in regard to ...
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