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Suresh Barik vs Purna Chandra Rout And Ors. on 25 July, 2007

13. This decision was also followed by this Court in the case of Vaikuntam Mamikyamma v. Puppala AIR 1971 Orissa 49. Apart from that, P. Ws. 6 & 8 as well as the Petitioner, i.e., P.W. 7, in their evidence stated that they had attended the marriage of Puma Chandra Rout (O.P. No. 1) with Sarojini Rout. But the Tribunal did not accept the same as, according to Tribunal, the evidence of the aforesaid witnesses does not repose confidence to come to a conclusion that Sorojini was the married wife of O.P. No. 1. In view of such evidence, the question of applicability of Section 50 of the Evidence Act does not arise at all. The Apex Court's observation, which we have quoted hereinbefore, also gives a detailed circumstance under which Section 50 shall be applicable. The foremost question that arises for consideration before this Court is whether in such a case this Court while exercising its power under Article 227 of the Constitution of India can scan the evidence and re-evaluate the same and topsy-turvy the findings of the Election Tribunal.
Orissa High Court Cites 9 - Cited by 0 - B P Das - Full Document
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