Supreme Court of India
T.M. Jacob v. C. Poulose and Ors.
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that the alleged defect in the true copy of the affidavit in the present case did not attract the provisions of Section 86 (1) of the Act for alleged non-compliance with the last part of Section 81 (3) of the Act and E that there had been substantial compliance with the requirements of Section 81(3) of the Act in supplying 'true copy' of the affidavit to the appellant by the respondent.
Judgment, page 23
From the headnote
Representation of People Act, 1951 : Section 81 (3), 83(1) proviso and .86(1). Election:+-Election petition-Alleging corrupt practices-Affidavit- ln support of-Copy-Defects in-Substantial or curable-Copy of affidavit contained endorsement that affidavit was duly signed, verified and affirmed before Notary-l!otary also signed below the endorsement-But name, address, stamp and seal of Notary missing-Held : Non-compliance with S.81 (3) would entail dismissal of election petition under S.86(1)-But non-compliance with S.83(1) is a curable defect and does not attract S.86(1)-Expression "copy" in
Where later benches applied it
- 2023 Thangjam Arunkumar v. Yumkham Erabot Singh & Ors.
- 2018 Patel Ahmed Mohammad v. Balwant Singh Rajput & Ors.
Of those, 1 followed · 1 referred to
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