Supreme Court · 1964 INSC 28 · Decided 5 February 1964

Bru Mohan Singh v. Priya Brat Narain Sinha and ORS.

Court
Supreme Court of India
Citation
1964 INSC 28 · [1965] 3 S.C.R. 861
Case number
CIVIL APPEAL No. 9/1964
Decided
5 February 1964
Bench
P.B. GAJENDRAGADKAR, K.N. WANCHOO, K.C. DAS GUPTA, J.C. SHAH, N. RAJAGOPALA AYYANGAR (5-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Evidence Act Section 35; Constitution Article 173, 137; Representation of the People Act Section 123(4)

Headnote

Evidence Act (1 of 1872)-S. 35-Entry in official R.ecord main­ tained by illiterate person by some one else at his request-Admis­ sibility. · The appellant and respondent were rival candidates for election to the Bihar Legislative Assembly. The appellant obtained a was declared elected. This election 'was challenged by the respondent on the ground that the appellant had not attained the age of 25 years on the date of filing the nomination papers and was on that account disqualified under Art. 173 of the Constitution from being a member of the Assembly;

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