Supreme Court of India

K. Prabhakaran v. P. Jayarajan

Neutral citation

Reported as [2005] 1 S.C.R. 296

Bench R.C. Lahoti J.

Decided 11 January 2005

Status Distinguished

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.

8 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons, Civil Appeal No.8213 of 2001, K. Prabhakaran v.

Judgment, page 34

From the headnote

Representation of the People Act, 1951: Section 8(3)-Disqualification under-Determination of-Subsequent appei'late judgment having bearing on the conviction and sentence of the candidate-Effect of-On disqualification-Held: the disqualification has to be determined with reference to date of election and date of scrutiny of nomination paper and not the date of judgment in an election petition or in appeal thereagainst-Appe/late judgment of a date subsequent to the date of nomination or election would not have the effect of wiping out the disqualification from a back date-Sections 100(/)(a) and

Authorities it was built on

1987 Shri Balaganesan Metals v. Shri M.N. Shanmugham Chetty & Ors. cited by 14
1960 Sarat Chandra Rabha and Others v. Khagendranath Nath and Others. cited by 12

Where later benches applied it

2024 Union of India & Ors. v. Rajeev Bansal relied on
2018 Public Interest Foundation & Ors. v. Union of India & Anr. relied on
2024 The State of Punjab & Ors. v. Davinder Singh & Ors. referred to
2022 Gujarat State Civil Supplies Corporation Ltd. v. Mahakali Foods Pvt. Ltd. (unit 2) & Anr referred to
2014 Manoj Narula v. Union of India referred to
2013 Lily Thomas v. Union of India & Ors. referred to
2020 Pradeep Kumar Sonthalia v. Dhiraj Prasad Sahu @ Dhiraj Sahu & Anr. distinguished
2020 Benedict Denis Kinny v. Tulip Brian Miranda & Ors. not applicable

Of those, 2 relied on · 1 distinguished · 4 referred to · 1 not applicable

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.