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Supreme Court of India

Ashraf Kokkur v. K.V. Abdul Khader Etc.

Neutral citation
Reported as [2014] 7 S.C.R. 1123
Bench Madan B. Lokur and Kurian Joseph JJ.
Decided 29 August 2014

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the view that the election petition having disclosed a cause of action, it should not, have been thrown out af the threshold.

Judgment, page 26

From the headnote

Code of Civil Procedure, 1908: 0.7, r. 11 (a) - Cause of action - Election petition - c Challenging the election· of returned candidate to State Legislative Assembly -. On the ground of disqualification as he was holding office of profit, i.e. Chairperson of Kera/a State Wakf Board - Petition dismissed by High Court holding that it did not disclose a complete cause of action or a triable issue - Held: The inquiry under 0. 7, r. 11 (a) is only as to whether the facts as pleaded disclose a cause of action arid not complete cause of action - The limited inquiry is only to see whether the

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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