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september 1961

Supreme Court of India · 1961-09-22

BADRI NARAYAN SINGH vs KAMDEO PRASAD SINGH AND ANOTHER

Citation / case number
SC 1960/254
Court
Supreme Court of India
Petitioner
BADRI NARAYAN SINGH
Respondent
KAMDEO PRASAD SINGH AND ANOTHER
Author
GAJENDRAGADKAR, P.B.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAHC.,DAYAL, RAGHUBAR
Bench
GAJENDRAGADKAR, P.B.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAH, J.C.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that in cases where two appeals arise from one proceeding but concern different subjects, the decisions rendered in a single judgment by the High Court constitute two distinct decisions. The Court ruled that the appellant could not challenge the finding that he held an office of profit in his appeal against the first respondent's declaration of being duly elected, as this finding was confirmed in a separate appeal. The principle of res judicata applied, barring the appellant from questioning the validity of the election once it was set aside by the Election Tribunal and upheld by the High Court.

BADRI NARAYAN SINGH vs KAMDEO PRASAD SINGH AND ANOTHER · Niyam