Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 81 (3) Representation of People Act 1951 83(1) proviso and 86(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Representation of The People Act, 1951 (43 of 1951) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Representation of People Act, 1951 : Section 81(3), 83(1) proviso and 86(1). Election - Election petition - Alleging corrupt practices - Affidavit - ln support of - Copy - Defects in - Substantial or curable - Copy of affidavit contained endorsement that affidavit was duly signed, verified and affirmed before Notary - Notary also signed below the endorsement - But name, address, stamp and seal of Notary missing - Held : Non-compliance with S.81 (3) would entail dismissal of election petition under S.86(1) - But non-compliance with S.83(1) is a curable defect and does not attract S.86(1) - Expression "copy" in S.81(3) does not mean an exact copy but one so true that no reasonable person could misunderstand as not being the same as the original - There should be no substantial variation of a vital nature as to mislead such a person to understand and meet the charges - The said defects are not of a vital nature and are curable - Hence, there is substantial compliance with S.81(3) r/w S.83(1) - Conduct of Election Rules, 1961, R.94-A and Form 25. Words and Phrases : "Copy" - Meaning of - In the context of S.81(3) of the Representation of People Act, 1951. Doctrines: Doctrine of Substantial compliance - Discussed. |
Judge | Honble Dr. Justice A.S. Anand |
Neutral Citation | 1999 INSC 186 |
Petitioner | T.m. Jacob |
Respondent | C. Poulose And Ors. |
SCR | [1999] 2 S.C.R. 659 |
Judgement Date | 1999-04-15 |
Case Number | 14555 |
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