Supreme Court of India

Manohar Joshi v. Nitin Bhaurao Patil and Anr.

Neutral citation
Reported as [1995] SUPP. 6 S.C.R. 421
Bench J.S. Vbrma, N.P. Singh and K. Venkataswami JJ.
Decided 11 December 1995

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.

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What the Court ordered

For the reasons mentioned above, the Petition is liable to be and should be dismissed with costs." It would also be appropriate to qnote the issues framed on 9.1.1992 by the High Court on these pleadings, as under. --.

Judgment, page 33

From the headnote

Election Laws : Representation of the people Act 1951.-Sections 81(1), 81(3), 82, 83, 86, 99, 100( 1) (b ), 177. Election petition-Allegation of corrnpt practice--l'roof of-Require­ ment at the trial is higher and confined to strict legal evidence. S 81(1), and S 81(3).-lnterpretation of c Consent-Nature of-Presumption that party leaders are agents of can- didate not co"ect. Vicarious liability of candidate for practices adopted by party mem­ bers-Arises when he consents. Non-compliance with S 81(3),~ffect of 'Hindutva'--Does not invariably mean Hindu religion, and the context and purpose of

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