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2005 Supreme(Cal) 421

DILIP KUMAR SETH, JOYTOSH BANERJEE
PRANAB KUMAR CHAKRABORTY – Appellant
Versus
KUMKUM CHAKRABORTY – Respondent


Advocates Appeared:
GOUTAM DAS, HARISH TANDON, NANI KUMAR CHAKRAVARTY, SUBHASISH PACHHAL, SUBRATA ROY KARMAKAR, Sudhis Das Gupta

Dilip Kumar Seth, Joytosh Banerjee

( 1 ) THE appellant has filed this application for review of the judgment and decree dated 25th of April, 2003 in FA No. 12 of 2001. Mr. Dasgupta in support of the review application had contended that the Court had overlooked the materials apparent on the face of the record to the extent that the wife had made false and wild disparaging allegations against the spouse, which amounts to cruelty. In support, he relied on Vijaykumar Ramchandra Bhate vs. Neela vijaykumar Bhate, 2003 (6) SCC 334. He then points out that the learned Court in the judgment had disbelieved the evidence of the appellant/ husband and believed that of the wife on the ground that there was no cross-examination on certain points. Mr. Dasgupta contended that absence of cross-examination does not mean that the evidence was unchallenged. To support this contention, he relied on the decisions in Juwarsingh s/o Bheraji and Ors. vs. State of Madhya pradesh, 1980 (Supp) SCC 417 and P. Ram Reddy and Ors. vs. Land Acquisition officer, Hyderabad Urban Development Authority, Hyderabad and Ors. , 1995 (2)SCC 305. Thus the finding arrived at suffers from errors apparent on the face of the r
































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