Supreme Court · 2010 INSC 370 · Decided 7 July 2010
Pradip Buragohain v. Pranati Phukan
- Court
- Supreme Court of India
- Citation
- 2010 INSC 370 · [2010] 7 S.C.R. 888
- Case number
- CIVIL APPEAL No. 5561/2008
- Decided
- 7 July 2010
- Bench
- D.K. JAIN, T.S. THAKUR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 11; Representation of the People Act
Headnote
Representation of the People Act, 1951: c ss. 80, 100(1)(b) and 123(1) - State Assembly elections - Election petition, challenging election of returned candidate on grounds of corrupt practices of bribery - Dismissed by High Court - HELD: Standard of proof required for establishing a charge of charge - In an election dispute it is unsafe to accept oral evidence at its face value unless it is backed by unimpeachable and incontrovertible documentary evidence - As regards election petitioner's explanation for non-production of documentary evidence that election petition E was filed
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