Search Results Page
Search Results
1 - 2 of 2 (0.17 seconds)Motabhoy Mulla Essabhoy vs Mulji Haridas on 25 February, 1915
As was observed by the Privy Council in M.M. Essabhoy v. M.
Haridas, AIR 1915 PC 2, although it is permissible for a
tribunal to accept part and reject the rest of any witness's
testimony, so far as admission in pleading is concerned, it
cannot be so dissected. It may be accepted as a whole or not
at all. We therefore, hold that the assumption made by the
High Court in this connection being not supported by any
material whatsoever on the records has to be set aside. The
burden of proving the necessary facts for grant of relief
was on the writ petitioner which was not discharged. The
writ application was, therefore, bound to fail. The appeal
accordingly must succeed on this ground and it is,
therefore, not necessary to consider the other questions
raised on behalf of the appellant.
1