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august 1975

Supreme Court of India · 1975-08-05

ASHOK DULICHAND vs MADAHAVLAL DUBE & ANOTHER

Citation / case number
SC 1973/60180
Court
Supreme Court of India
Petitioner
ASHOK DULICHAND
Respondent
MADAHAVLAL DUBE & ANOTHER
Author
HANS RAJ KHANNA
Bench
HANS RAJ KHANNA

Judgment text excerpt

The Supreme Court upheld the High Court's decision dismissing an election petition challenging the election of respondent no. 1 under Section 123(4) of the Representation of the People Act, 1951. The Court ruled that the appellant failed to provide sufficient evidence to prove that the statements made in a leaflet about respondent no. 2's character were false, as required by the statute. Additionally, the Court found that the High Court correctly denied the admission of a photostat copy of the leaflet as secondary evidence under Section 65(a) of the Indian Evidence Act due to lack of proof regarding the original document's possession.

ASHOK DULICHAND vs MADAHAVLAL DUBE & ANOTHER · Niyam