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Supreme Court of India

Kailash v. Nanhku and Ors.

Neutral citation
Reported as [2005] 3 S.C.R. 289
Bench R.C. Lahoti, D.M. Dharmadhikari and P.K. B Balasubramany An JJ.
Decided 6 April 2005

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.

38 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that Order VIII Rule I, though couched in mandatory form, is directory being a provision in the domain of processual law. c We sum up and briefly state our conclusions as under :- (i) The trial of an election petition commences from the date of the receipt of the election petition by the Court and continues till the date of its decision.

Judgment, page 22

From the headnote

Representation of the People Act, 1951 : Sections 86 and. 87-Election Petition- 'Trial '-Commencement of- limitation for filing written statement-Applicability of Order VIII, Rule /­ Extension of time beyond 90 days-Held, trial of an election petition commences from the date of receipt of election petition and continues till date of its decision -Receiving written statement being part of trial, time can be extended-This power emanates from the Act itself and the Rules framed for the purpose of the Act and resort to provisions ofCPC is not called for-Even otherwise, power of Court to extend

Authorities it was built on

Where later benches applied it

Of those, 6 relied on · 1 distinguished · 14 referred to · 17 mentioned

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