Supreme Court · 2003 INSC 553 · Decided 16 October 2003
Sushil Kumar v. Rakesh Kumar
- Court
- Supreme Court of India
- Citation
- 2003 INSC 553 · [2003] SUPP. 4 S.C.R. 802
- Case number
- CIVIL APPEAL No. 8585/2002
- Decided
- 16 October 2003
- Bench
- V.N. KHARE, S.B. SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act; Constitution Article 173(b), 164(4); Representation of the People Act Section 36(2)
Headnote
KUMAR v. RAKESH KUMAR OCTOBER 16, 2003 B [V.N. KHARE, CJ. AND S.B. SINHA, J.] Constitution of India-Article I73(b)-Minimum age-Importance of-Nomination of a candidate objected to on the ground of his being under-aged-Duty of returning officer-Mandatory duty of the returning C officer to make People Act-Section 36 (2). D Indian Evidence Act, I872-Section I06-Burden of proof-Facts especially within knowledge-Burden is on the person who has such knowledge-Election petition-Age of a returned candidate-Should be determined not only on the basis of the material placed but also circumstances
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)