Supreme Court · 2003 INSC 354 · Decided 31 July 2003
Dipak Chandra Ruhidas v. Chandan Kumar Sarkar
- Court
- Supreme Court of India
- Citation
- 2003 INSC 354 · [2003] SUPP. 2 S.C.R. 72
- Case number
- CIVIL APPEAL No. 8448/2002
- Decided
- 31 July 2003
- Bench
- V.N. KHARE, K.G. BALAKRISHNAN, S.B. SINHA (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Representation of the People Act Section 86(1)
Headnote
Representation of the People Act,1951: S.86(1), Explanation; and ss. 98(a) and 116A-Order passed u/s. 86(1) dismissing an Election Petition - C Allegations contained in the Election Petition found vague and lacked material particulars-Held, by reason of the Explanation, a legal fiction has been an order under clause( a) of S. 98-An appeal u/s. 116A lies against a final order-An order passed under sub-section(J) of S.86 is also final-Special D leave petition filed against the said order is not maintainable-Since the special leave petition has been filed beyond the period of 30 days of
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