Bindraban vs G.I.P. Ry. Co. on 2 June, 1926
The finding that there was no theft on the running train also led to the conclusion that the theft took place at a time when the train was not running but was standing at some station or in some yard. Having regard to all these circumstances, the learned Judge has recorded a finding that wilful neglect has been established in this case. In our opinion it is impossible to say that there was no legal evidence to support the finding. The finding is really a finding of fact, and must be accepted in second appeal: see Bindraban v. G.I.P. Ry A.I.R. 1926 All. 369 (F.B.).