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april 1980

Supreme Court of India · 1980-04-10

SULTAN AHMD. OWASI vs MOHD. OSMAN SHAHEED AND ORS.

Citation / case number
SC 1979/62649
Court
Supreme Court of India
Petitioner
SULTAN AHMD. OWASI
Respondent
MOHD. OSMAN SHAHEED AND ORS.
Bench
FAZALALI, SYED MURTAZA

Judgment text excerpt

The Supreme Court held that under the Representation of the People Act, the burden of proof for allegations of corrupt practices lies with the election petitioner, who must plead facts with precision. The Court emphasized that the standard of proof for corrupt practices is akin to that of fraud in criminal cases. It ruled that the appellant, who denied making the alleged speeches, was entitled to summon witnesses and amend his counter to rebut the allegations, as the trial should follow Civil Procedure Code principles. The High Court's refusal to allow these applications was overturned, allowing the appeals.

SULTAN AHMD. OWASI vs MOHD. OSMAN SHAHEED AND ORS. · Niyam