Ramendra Sundar Mandal vs Smt. Chandralekha Roy
2023 Latest Caselaw 1055 Cal

08.02.2023 SL No.1 Court No.8 (gc)

FA 95 of 2022

Ramendra Sundar Mandal Vs.

Smt. Chandralekha Roy (Bharati Basu since deceased)

Mr. Intikhab Alam Mina, ...for the Appellant.

This matter has appeared for correction of the

judgment dated September 29, 2022.

At page 14 of the judgment the last sentence of the

first paragraph shall stand deleted and replaced by the

following sentence:

"It is further submitted that the

presumptions contemplated under Section 111

of the Indian Evidence Act are only optional

inferences that may arise from a particular

relationship and not covered by presumptions

under Section 114 of the Indian Evidence Act."

The opening paragraph of the separate concurring

judgment of Justice Uday Kumar should read:

"I have the advantage of reading the draft

judgment of Hon'ble Justice Soumen Sen. While

concurring with the view expressed by Hon'ble

Justice Sen, I would like to give my view in

justifying our decision to maintain the judgment

of the learned Trial Court."

The aforesaid paragraph shall be inserted at the

beginning of the judgment delivered separately by Justice

Uday Kumar.

The aforesaid corrections shall be incorporated in

the judgment and order dated 29th September, 2022 and

shall form part of the judgment.

The server copy shall be corrected accordingly.

(Uday Kumar, J.) (Soumen Sen, J.)