Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Election Petition Dismissal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 : Order 15 Rule 1 and Order 14. Election Petition - Dismissal in limine - Justification - Test of - Held : The averments in the petition should be assumed to be true and court has to find out whether the averments disclose a cause of action or triable issue as such - Court cannot probe into the facts on the basis of the controversy raised in the counter. Order 7 Rule 11 (a) - Election petition - Dismissal in limine - Justification of - Returned candidate filed application for striking out part of the allegations made in the election petition on the ground that the averments in the election petition did not disclose a cause of action and any triable issue - Held : Court cannot dissect the pleading into several parts and consider whether each one of them discloses a cause of action - There cannot be a partial rejection of the plaint or petition - ln the circumstances of the case, the election petition discloses a cause of action and hence cannot be dismissed in limine without a trial - Representation of the People Act, 1951, Ss. 81, 83 and 85. Order 6 Rules 2 and 6 - Election petition - Pleadings - Striking out of - Returned candidate filed application for striking out the pleadings on the ground that the election petition did not project any material facts and thereby any triable issue - However, there was no averment that the election petition was vitiated by all or any of the defects mentioned in O. 6 R. 16 - Held : Striking out parts of the pleadings, not justified - Distinction between "material facts" and "full particulars" to be kept in mind. Words and Phrases : "Material facts" and ''full particulars" - Meaning of. |
Judge | Hon'ble Mr. Justice M. Srinivasan |
Neutral Citation | 1999 INSC 97 |
Petitioner | D.ramachandran |
Respondent | R.v. Janakiraman And Ors. |
SCR | [1999] 1 S.C.R. 983 |
Judgement Date | 1999-03-11 |
Case Number | 5354 |
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