Supreme Court · 1995 INSC 869 · Decided 11 December 1995
Manohar Joshi v. Nitin Bhaurao Patil and ANR.
- Court
- Supreme Court of India
- Citation
- 1995 INSC 869 · [1995] SUPP. 6 S.C.R. 421
- Case number
- CIVIL APPEAL No. 4973/1993
- Decided
- 11 December 1995
- Bench
- J.S. VERMA, N.P. SINGH, K. VENKATASWAMI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Representation of the People Act Section 81(1), 81(3), 82, 83, 86, 99, 100
Headnote
B Election Laws : Representation of the people Act 1951.-Sections 81(1), 81(3), 82, 83, 86, 99, 100( 1) (b ), 177. Election petition-Allegation of corrnpt practice--l'roof of-Require­ ment at the trial is higher and confined to strict legal evidence. S 81(1), and S 81(3).-lnterpretation of c not co"ect. Vicarious liability of candidate for practices adopted by party mem­ bers-Arises when he consents. Non-compliance with S 81(3),~ffect of 'Hindutva'--Does not invariably mean Hindu religion, and the context and purpose of the use is to be considered in arriving at a decision. E
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