Supreme Court of India

Kedar Pandey v. Narain Bikram Sah

Neutral citation
Reported as [1965] 3 S.C.R. 793
Bench P. B. Gajendragadkar, K N. Wanchoo, M. Hidayatullah and V. R. Amaswami JJ.
Decided 15 April 1965

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the view that the only intention required for a proof of a change of domicil is an intention of permanent residence.

Judgment, page 9

From the headnote

Constitution of India, 1950, Art. 5(c)-Acquisition of Indian domicile-Proof. The appellant and respondent were contesting candidates for election to the State Legislative Assembly. The respondent was declared elected, and the appellant filed an election petition chal­ lenging the election on the ground that the respondent was not duly qualified under Art. 173 of the Constitution as he was a citizen of Nepal and not a citizen of Inclia. The Tribunal held that the respondent was not a citizen of India, but the High Court in appeal set aside that order and upheld the election of the respondent.

Where later benches applied it

Of those, 1 mentioned

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