GOLAM KHAN Vs. COMMISSIONER, CONSOLIDATION, ORISSA

JUDGEMENT

(1.) CONSTITUTION OF INDIA, 1950 - Arts. 226 and 227 - Court should be slow in interfering with the findings of fact arrived at by the forum authorised to record the same - A writ of certiorari can be issued if there be, inter alia, an error of law apparent on the face of the record. Though scope of interference with the conclusion on facts is limited, where such conclusions are perverse and are of such nature as no reasonable person could arrive at the same, there is certainly no bar on interference. A conclusion of facts based on no evidence or no relevant evidence is an error of law apparent on the face of the record. It is established that where the finding of fact is based on no evidence, or that the finding is perverse or some vital piece of evidence which would tilt the balance in favour of the parties has been over -looked, disregarded or wrongly discarded, interference is permissible. If the forum below has mis -directed itself in its approach, over -looked the salient features of evidence, mis -read the evidence, thereby reached erroneous conclusion, the Court has jurisdiction to set aside that finding. (Para - 11)

(2.) MOHAMMEDAN LAW - Share - Sons are entitled to get two shares each and daughters are entitled to get one share each. (Para - 7)