Supreme Court of India

V.S. Achuthanandhan v. P.J. Francis and Anr.

Neutral citation

Reported as [1999] 2 S.C.R. 99

Bench Dr. A.S. Anand, M. Srinivasan and R.P. Sethi JJ.

Decided 22 March 1999

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.

6 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the judgment impugned is not sustainable in the eyes of law.

Judgment, page 19

From the headnote

Election-Representation of the People Act, 1951-Section 83 read with section 123-Disctinction of Material facts and material particulars Materialfacts are primary facts disclosing some cause of action-These facts have to be specifically pleaded and failure to do so will result in rejection of the election petition-But defect in material particulars can be cured at a later stage by amendment and petition cannot be dismissed in limine on the ground of such defect-Appellant filed an election petition-High Court failed to draw distinction between material facts and material particulars and

Authorities it was built on

1969 Samant N. Balakrishna Etc. v. George Fernandez and Ors. Etc. cited by 49
1995 Gajanan Krishnaji Bapat and Another v. Dattaji Raghobaji Meghe and Others cited by 16
1972 Virendra Kumar Saklecha v. Jagjiwan and Ors. cited by 13
1992 Mohan Rawale v. Damodar Tatyaba@ Dadasaheb and Ors. cited by 9
1994 M.R. Gopalakrishnan v. Thachady Prabhakaran and Ors. cited by 5

Where later benches applied it

2023 Senthibalaji V v. A.P. Geetha and Ors relied on
2015 Krishnamoorthy v. Sivakumar & Ors. relied on
2012 Ponnala Lakshmalah v. Kommuri Pratap Reddy & Ors. relied on
2009 Laxmi Kant Bajpai v. Hazi Yaqoob & Ors. relied on
2018 Madiraju Venkata Ramana Raju v. Peddireddigari Ramachandra Reddy & Ors. referred to
2010 M. Chandra v. M. Thangamuthu & Anr. referred to

Of those, 4 relied on · 2 referred to

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