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Sri Ashok Kumar Mukherjee vs Usha Rani Debi & Ors on 18 May, 2012 cites

Dipak Banerjee vs Smt. Lilabati Chakraborty on 30 July, 1987

He further refers to another case law reported in AIR 1987 SC 2055 (Dipak Banerjee vs. Lilabati Chakraborty). In this connection, Mr. Roychowdhury submits that the learned courts below wrongly held that the defendant No.2 being nephew of defendant No.1 was a sub-tenant under defendant No.1 without applying the correct legal tests and that said findings of fact being arrived at without applying correct test is liable to be scrutinized and explored in the second appeal.
Supreme Court of India Cites 19 - Cited by 109 - S Mukharji - Full Document

Budhwanti And Anr vs Gulab Chand Prasad on 4 March, 1987

In support of his contention, he refers the case of Budhwanti & Another vs. Gulab Chand Prasad 5 reported in AIR 1987 SC 1484. In the said case, it is held by the Hon'ble Court that in the second appeal, the finding of fact even if erroneous will generally not be disturbed but where it is found that the finding is vitiated by application of wrong test or on the basis of conjectures and assumptions then a High Court will be well within its rights in setting aside in a second appeal patently erroneous findings in order to render justice to the party affected by the erroneous finding.
Supreme Court of India Cites 5 - Cited by 41 - S Mukharji - Full Document
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