Supreme Court · 2009 INSC 831 · Decided 15 May 2009
Utiamrao Shivdas Jankar v. Ranjitsinh Vijaysinh Mohite-Patil
- Court
- Supreme Court of India
- Citation
- 2009 INSC 831 · [2009] 9 S.C.R. 538
- Case number
- CIVIL APPEAL No. 7457/2008
- Decided
- 15 May 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
1 Election laws: c Eleetion petition - Jurisdiction of High Court - Held: Ir. an electjon petition, High Court acts as a Court of original jurisdiction and the jurisdiction therein stricto sensu cannot be said to be appellate in nature - On facts, High Court acted illegally in treating appellate authority and . I D not as original authority, for it only proceeded to try and 'f determine as to whether or not the decision making process was legal - High court ought to ha11e examined the veracity _. of the rival claims based on the evidence produced by the parties - Representation
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)