Ramlal & Anr vs Phagua & Ors on 19 October, 2005
In support of such contention, Mr. De relied on the decision of the Supreme Court in
the case Ramlal and Anr. vs. Phagua and Ors. reported in AIR 2006 SC 623.
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1 - 4 of 4 (0.28 seconds)Gujarat Electricity Board & Anr vs Atmaram Sungomal Poshani on 31 March, 1989
In this regard reference may be made to the decision of the
Supreme Court in the case of Gujrat Electricity Board and Anr. Vs. Atmaram Sungomal Poshani
reported in AIR 1989 SC 1433. Thus, it would be appropriate to accept the evidence of the
appellant wife that the respondent no. 1 being aware of the talak granted by her on April 05, 2006
on the ground of physical and mental torture inflicted upon by himself, did not receive the said
affidavit sworn by the appellant recording the factum of talak granted by herself to him on the
strength of the afore-mentioned talak-e-tafeeuz granted to her. Further, no question was put to the
appellant during her cross-examination disputing the correctness of the contents of the said
affidavit sworn by the appellant on April 06, 2004 being Exhibit "A" of the proceeding. From the
evidence of the parties in the suit as a whole, it is evident that none of the findings of the learned
lower appellate Court that the circumstances as projected by the appellant wife for leaving the
house of the respondent no. 1 is not convincing at all or that no evidence is forthcoming to
substantiate the claim of the appellant wife that she was tortured by the respondent no. 1 or she was
driven out by the respondent no. 1 from his house or that the respondent husband is entitled to a
decree for restitution of conjugal right against the appellant cannot support or sustained. It is well
settled principle of law that where the decision of the learned Courts below, is vitiated or the
decision of lower appellate Court either by non-consideration of the relevant evidence or by
essentially erroneous approach to the matter, the High Court in second appeal is entitled to record
proper finding and set aside the finding of the lower appellate Court.
Gaya Din (D) Through Lrs. & Ors. vs Hanuman Prasad (D) Through Lrs. & Ors. on 27 November, 2000
In support of such view reference may be
profitably made to the decision of the Supreme Court in the case of Gaya Din vs. Hanuman Prasad
reported in (2001) 1 SCC 501 (para - 14).
Section 27 in The General Clauses Act, 1897 [Entire Act]
1