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.