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april 1984

Supreme Court of India · 1984-04-02

MANMOHAN KALIA vs YASH & OTHERS

Citation / case number
SC 1982/63787
Court
Supreme Court of India
Petitioner
MANMOHAN KALIA
Respondent
YASH & OTHERS
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that allegations of corrupt practices under the Representation of the People Act, 1951, specifically Section 123(4), must be proved with the same rigor as a criminal charge, rejecting the principle of preponderance of probabilities. The Court found that the appellant failed to establish a direct link between the allegations made against him and the alleged corrupt practices of the respondent, leading to the dismissal of the election petition. The judgment emphasized the necessity of clear evidence in cases involving inuendo, stating that mere inferential evidence is insufficient to sustain such allegations.

MANMOHAN KALIA vs YASH & OTHERS · Niyam