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1 - 10 of 12 (0.22 seconds)Raghunath Gopal Daftardar vs Sau, Vijaya Raghunath Daftardar on 15 March, 1971
07. Mr Ranjan Kumar Kali, learned Advocate appearing for the
Appellant, argued that all the decisions and the judgment of the Trial
Court is based on some documents which have not been admitted in
evidence according to the provisions in the Evidence Act, and the
decisions of the Trial Court are also based on some conjectures and
surmises as well. His further contention is that the precedents cited
by the parties during trial have not been discussed or considered by
the Trial Court and that the facts alleged by the Respondent against
the Appellant have not been proved at all and as such the judgment
and decree passed by the Trial Court is not sustainable in law. Mr Kali
has referred to the following decisions in his support. I) AIR 1997
Madras 135, (A. Premchand- versus - Padmapriya), II) AIR 1972
Bombay 132 (V 59 C 250), (Raghunath Gopal Daftardar - versus -
Sau.
Rajaram Vishwakarma vs Deepabai on 16 March, 1973
Vijaya Raghunath Daftardar), III) AIR 1988 Calcutta 210, (Ruby
Roy - versus - Sudarshan Roy), IV) AIR 1974 Madhya Pradesh 52 (V
61 C 14), (Rajaram Vishwakarma - versus - Deepabai), V) AIR 1968
Bombay 112 (V 55 C 20), (Sri Mohammed Yusuf and another -
versus - D and another), VI) AIR (37) 1950 Calcutta 173 (C.N. 58),
(Sris Chandra Nandy - versus - Sm. Annapurna Ray), VII) AIR 1997
Madras 394, (V. Shankar Ram - versus - Mrs. Sukanya).
Mohammed Yusuf And Anr. vs D. And Anr. on 14 July, 1961
Vijaya Raghunath Daftardar), III) AIR 1988 Calcutta 210, (Ruby
Roy - versus - Sudarshan Roy), IV) AIR 1974 Madhya Pradesh 52 (V
61 C 14), (Rajaram Vishwakarma - versus - Deepabai), V) AIR 1968
Bombay 112 (V 55 C 20), (Sri Mohammed Yusuf and another -
versus - D and another), VI) AIR (37) 1950 Calcutta 173 (C.N. 58),
(Sris Chandra Nandy - versus - Sm. Annapurna Ray), VII) AIR 1997
Madras 394, (V. Shankar Ram - versus - Mrs. Sukanya).
V. Shankar Ram vs Mrs. Sukanya on 11 March, 1997
Vijaya Raghunath Daftardar), III) AIR 1988 Calcutta 210, (Ruby
Roy - versus - Sudarshan Roy), IV) AIR 1974 Madhya Pradesh 52 (V
61 C 14), (Rajaram Vishwakarma - versus - Deepabai), V) AIR 1968
Bombay 112 (V 55 C 20), (Sri Mohammed Yusuf and another -
versus - D and another), VI) AIR (37) 1950 Calcutta 173 (C.N. 58),
(Sris Chandra Nandy - versus - Sm. Annapurna Ray), VII) AIR 1997
Madras 394, (V. Shankar Ram - versus - Mrs. Sukanya).
Seth Ramdayal Jat vs Laxmi Prasad on 15 April, 2009
08. On the other hand, Mr Gopal Chandra Ghosh, learned
Advocate for the Respondent has argued that the documents relied on
by the Trial Court have been all admitted in evidence on consent and
formal proof having been dispensed with. He has further submitted
that basic facts alleged in the Suit by the Respondent have either
been admitted or not specifically denied in the pleading by the
Appellant and the decisions of the Trial Court are all based on such
documents as well as admission and non-denial by the Appellant
during trial and as such the decree passed in the Suit is quite justified
in law. Mr Ghosh has also referred to the following decisions I) AIR
2009 Supreme Court 2463, (Seth Ramdayal Jat - versus - Laxmi
Prasad), II) 2015 (4) ICC 451 (S. C.)
Standard Chartered Bank vs Andhra Bank Financial Services Ltd. & ... on 5 May, 2006
(Standard Chartered Bank -
versus - Andhra Bank Financial Services Ltd. & Ors) and AIR 1968
Calcutta 505 (V 55 C 99) (Mohammed Seraj - versus - Abibar
Rahaman Sheikh and others).
Mohammed Seraj vs Adibar Rahaman Sheikh And Ors. on 31 May, 1968
(Standard Chartered Bank -
versus - Andhra Bank Financial Services Ltd. & Ors) and AIR 1968
Calcutta 505 (V 55 C 99) (Mohammed Seraj - versus - Abibar
Rahaman Sheikh and others).
A. Premchand vs V. Padmapriya on 1 November, 1996
07. Mr Ranjan Kumar Kali, learned Advocate appearing for the
Appellant, argued that all the decisions and the judgment of the Trial
Court is based on some documents which have not been admitted in
evidence according to the provisions in the Evidence Act, and the
decisions of the Trial Court are also based on some conjectures and
surmises as well. His further contention is that the precedents cited
by the parties during trial have not been discussed or considered by
the Trial Court and that the facts alleged by the Respondent against
the Appellant have not been proved at all and as such the judgment
and decree passed by the Trial Court is not sustainable in law. Mr Kali
has referred to the following decisions in his support. I) AIR 1997
Madras 135, (A. Premchand- versus - Padmapriya), II) AIR 1972
Bombay 132 (V 59 C 250), (Raghunath Gopal Daftardar - versus -
Sau.