Safdar Husain vs The Union Of India (Uoi) on 20 August, 1977
The point arose directly in Rikhai Lal v. Banarsi Singh, AIR 1932 All 139. A Division Bench of this court ruled that a finding of negligence or a finding that there was or was not default was not necessarily in all cases a finding of fact if that finding had not been approached from the proper legal standpoint. Similar view was expressed in two cases of Madras High Court.