High CourtsDivision Bench(1909) 04 MAD CK 0013

Syed Bavuddeen Saheb vs Syed Esaff Sahib

Madras High Court · Decided on 22 April 1909 · Citation: 3 Ind. Cas. 20

HON’BLE JUDGES
Arnold White, C.J · Abdur Rahim, J

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Judgment

4 paragraphs · 88 words
1.

The Sub-Judge held on a question of fact that the stipulation in question'' was by way of penalty. In holding that, oh the facts of this particular

case, the stipulation was by way of penalty he has the support of the passages in the judgment of the Privy Council in Sundar Koer v. Rai Sham

Krishen 4 A.L.J. 109 : 11 C.W.N. 240 We arc not prepared to say that the compensation which the Sub-Judge has awarded, is not reasonable

compensation. The appeal is dismissed, with costs.