Supreme Court of India · 1955-09-19
CHATTANATHA KARAYALAR vs RAMACHANDRA IYER AND ANOTHER.
- Citation / case number
- SC 1955/152
- Court
- Supreme Court of India
- Petitioner
- CHATTANATHA KARAYALAR
- Respondent
- RAMACHANDRA IYER AND ANOTHER.
- Bench
- AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that there is no presumption in Hindu Law that a business in the name of a member of a Hindu joint family is a joint family business, even if that member is the father. It clarified that debts contracted by a father in a new business are binding on his sons due to pious obligation, but those contracted by a mere manager are not unless necessary. The Court found that the Election Tribunal erred in presuming the candidate's interest in a government contract based solely on his father's involvement, leading to the election being declared void under Section 7(d) and Section 9(2) of the Representation of the People Act, 1951. The Court set aside the Tribunal's decision and remitted the case for rehearing on the evidence.