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april 1959

Supreme Court of India · 1959-04-09

CHANDRIKA PRASAD TRIPATHI vs SHRI SIV PRASAD CHANPURIA & OTHERS.

Citation / case number
SC 1958/103
Court
Supreme Court of India
Petitioner
CHANDRIKA PRASAD TRIPATHI
Respondent
SHRI SIV PRASAD CHANPURIA & OTHERS.
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that an appeal lies to the High Court under Section 116-A of the Representation of the People Act, 1951 against the dismissal of an election petition under Section 90(3). The Court clarified that such an order is effectively one under Section 98, marking the conclusion of the trial. Additionally, the Court found that there was substantial compliance with Section 117, as the security deposit was credited to the Election Commission's accounts, and the wording 'refundable' did not preclude payment to the successful party.

CHANDRIKA PRASAD TRIPATHI vs SHRI SIV PRASAD CHANPURIA & OTHERS. · Niyam