Skip to content


Shri Sawan Ram Aggarwal and ors. Vs. Shri Narish Chandra JaIn and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 2162(N) of 1977
Judge
Reported inAIR1980SC2137; 1979(11)LC149(SC)
AppellantShri Sawan Ram Aggarwal and ors.
RespondentShri Narish Chandra JaIn and ors.
Excerpt:
- indian penal code, 1890 sections 300, 304 part i & 149: [dr. arijit pasayat & ashok kumar ganguly,jj] murder or culpable homicide proof - appellants allegedly assaulted complainants father and brother - incident took place after sudden quarrel when bullocks belonging to accused damaged crops in field of complainant held, though witnesses stated that there was initial exchange of hot words and quarrel before appellants went inside and came back with arms, they have fairly accepted that exchange of hot words and quarrel was continuing and immediately i.e. in less than two and three minutes they came back. therefore, appropriate conviction would be under sections 304 part i and 149. .....in producing a settlement. the following terms have been agreed upon and we pass an order on those terms: (1) the decree holder who has withdrawn all that is due to him shall not in the least be effected and the amount which he has withdrawn shall not in any manner be brought back into court. (2) the auction sale shall be set aside on condition that the judgment-debtor deposits on or before 3rd of january 1979 a sum of rs. 85,000/- into this court to the credit of the appeal. if the said sum is deposited within the time allowed, it will be withdrawn by the auction-purchaser in toto. (3) the amount lying in deposit to the credit of the decree together with any interest that might have accrued on account of the fixed deposit will be withdrawn by the appellant-judgment debtor. 2. if the.....
Judgment:

V.R. Krishna Iyer, J.

1. After a full addressed arguments, the parties realised their respective positions and then thank to counsel on both sides and their statesmanship in producing a settlement. The following terms have been agreed upon and we pass an order on those terms:

(1) The decree holder who has withdrawn all that is due to him shall not in the least be effected and the amount which he has withdrawn shall not in any manner be brought back into court.

(2) The auction sale shall be set aside on condition that the judgment-debtor deposits on or before 3rd of January 1979 a sum of Rs. 85,000/- into this Court to the credit of the appeal. If the said sum is deposited within the time allowed, it will be withdrawn by the auction-purchaser in toto.

(3) The amount lying in deposit to the credit of the decree together with any interest that might have accrued on account of the fixed deposit will be withdrawn by the appellant-judgment debtor.

2. If the amount of Rs. 85,000/- is not deposited on or before 3rd January, 1979, the appeal shall stand dismissed with costs. If the amount is deposited as directed above, the appeal shall stand allowed with no order as to costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //