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february 2008

Supreme Court of India · 2008-02-20

M.J. JACOB vs A. NARAYANAN

Citation / case number
SC 2007/7128
Court
Supreme Court of India
Petitioner
M.J. JACOB
Respondent
A. NARAYANAN
Bench
A.K.MATHUR & ALTAMAS KABIR

Judgment text excerpt

The Supreme Court held that the finding of corrupt practice under Section 123(4) of the Representation of the People Act, 1951 by the Kerala High Court was to be treated as a prima facie finding rather than a conclusive one. The Court emphasized that the learned Single Judge should have allowed for a full opportunity for the parties involved before reaching a final decision. Consequently, the appeal was allowed to the extent that the findings were clarified as prima facie, and the matter was remitted for further proceedings under Section 99 of the Act.

M.J. JACOB vs A. NARAYANAN · Niyam