Supreme Court · 2010 INSC 841 · Decided 1 December 2010
Joseph M. Puthussery v. T.S. John & ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 841 · [2010] 14 S.C.R. 427
- Case number
- CIVIL APPEAL No. 5310/2005
- Decided
- 1 December 2010
- Bench
- J.M. PANCHAL, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Representation of the People Act Section 123(4)
Headnote
REPRESENTATION OF THE PEOPLE ACT, 1951: A B s. 123 - Election petition alleging corrupt practices - c Nature of - Standa.rd of proof - Held: An election trial where corrupt practice is alleged, is to be conducted as a criminal trial - Standard of proof made applicable to criminal cases is proof Court misdirected itself on the point when it held that standard of proof higher 0 than the one applicable to civil cases but lesser than that applicable to criminal cases should be adopted in the case - Evidence. s.123(4) - Election petition alleging corrupt practice of distributing the offending
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