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Documents citing Virender Nath Gautam vs Satpal Singh & Ors on 8 December, 2006

Mr. Umesha G.B vs Mr. H.A. Iqbal Hussain on 14 March, 2024

16. The distinction between "material facts" and "particulars" and their requirement in an election petition was succinctly brought out by this Court in Virender Nath Gautam v. Satpal Singh [(2007) 3 SCC 617] wherein C.K. Thakker, J., stated thus: (SCC pp. 631-32, para 50) "50. There is distinction between facta probanda (the facts required to be proved i.e. material facts) and facta probantia (the facts by means of which they are proved i.e. particulars or evidence). It is settled law that pleadings must contain only facta probanda and not facta probantia. The material facts on which the party relies for his claim are called facta probanda and they must be stated in the pleadings. But the facts or facts by means of which facta probanda (material facts) are proved and which are in the nature of facta probantia (particulars or evidence) need not be set out in the pleadings. They are not facts in issue, but only relevant facts required to be proved at the trial in order to establish the fact in issue."
Karnataka High Court Cites 121 - Cited by 0 - R V Hosmani - Full Document

Mr. Govindaraju vs Mr. H .A Iqbal Hussain on 14 March, 2024

16. The distinction between "material facts" and "particulars" and their requirement in an election petition was succinctly brought out by this Court in Virender Nath Gautam v. Satpal Singh [(2007) 3 SCC 617] wherein C.K. Thakker, J., stated thus: (SCC pp. 631-32, para 50) "50. There is distinction between facta probanda (the facts required to be proved i.e. material facts) and facta probantia (the facts by means of which they are proved i.e. particulars or evidence). It is settled law that pleadings must contain only facta probanda and not facta probantia. The material facts on which the party relies for his claim are called facta probanda and they must be stated in the pleadings. But the facts or facts by means of which facta probanda (material facts) are proved and which are in the nature of facta probantia (particulars or evidence) need not be set out in the pleadings. They are not facts in issue, but only relevant facts required to be proved at the trial in order to establish the fact in issue."
Karnataka High Court Cites 122 - Cited by 0 - R V Hosmani - Full Document

Dr.Madhavrao S/O Bhujangrao Kinhalkar vs Ashok S/O Shankarrao Chavan on 18 October, 2012

26 The petitioner has placed reliance on the judgment in the matter of Virender Nath Goutam Vs. Satpal Singh & others, reported in (2007) 3 SCC 617 and it is contended that consideration of correctness of allegations and evidence in support of averments by entering into merits of the case would be permissible only at the stage of trial of the election petition and not at the stage of consideration as to whether the election petition is maintainable. The law does not require material particulars even in respect of allegations of corrupt practice, but full particulars and if they are lacking, the petition can be permitted to be amended or amplified under Section 86 of the Act.
Bombay High Court Cites 40 - Cited by 0 - R M Borde - Full Document

Kailas Kisanrao Gorantyal vs Arjun Panditrao Khotkar And Others on 30 March, 2026

In the case of Virendra Nath Gautam Vs. Satpal Singh and Ors. (supra), the Court considered a distinction between material facts and particulars. The material facts are primary or basic facts which must be pleaded by the plaintiff or by the defendant in support of the case set up by him, either to prove his cause of action or defence. Particulars are held to be details in support of material facts pleaded by the party. They amplify, refine and embellish material facts by giving distinctive touch to the basic contours of a picture already drawn, so as to make it full, more clear and more informative. It is held that what is material in the ( 40 ) EP-03-2025 pleading are the facts and not the particulars. The Court considered facta probanda i.e. the facts required to be proved and facta probantia i.e. the facts by means of which they are proved. It is held that what is necessarily to be stated are only the material facts and not the particulars.
Bombay High Court Cites 65 - Cited by 0 - Full Document

Kailas Kisanrao Gorantyal vs Arjun Panditrao Khotkar And Others on 30 March, 2026

In the case of Virendra Nath Gautam Vs. Satpal Singh and Ors. (supra), the Court considered a distinction between material facts and particulars. The material facts are primary or basic facts which must be pleaded by the plaintiff or by the defendant in support of the case set up by him, either to prove his cause of action or defence. Particulars are held to be details in support of material facts pleaded by the party. They amplify, refine and embellish material facts by giving distinctive touch to the basic contours of a picture already drawn, so as to make it full, more clear and more informative. It is held that what is material in the ( 40 ) EP-03-2025 pleading are the facts and not the particulars. The Court considered facta probanda i.e. the facts required to be proved and facta probantia i.e. the facts by means of which they are proved. It is held that what is necessarily to be stated are only the material facts and not the particulars.
Bombay High Court Cites 65 - Cited by 0 - Full Document

Balvant Sinh Rajput vs Patel Ahmed Mohammad on 20 April, 2018

55. From the afore-stated statements with regard to the commission of corrupt practices of bribe and undue influence alleged against the applicant (respondent No.1) and the statements with regard to the alleged illegality committed by the Page 82 of 85 C/EA/2/2017 CAV ORDER Election Commission of India, it could not be said that the petitioner had failed to state material facts and particulars constituting cause of action and the grounds contemplated in Section 100 of the said Act for declaring the election of the applicant (respondent No.1) to be void. As observed by the Supreme Court in case of Virender Nath Gautam Vs. Satpal Singh and Ors.(supra) the material facts on which the party relies for his claim are called facta probanda and they must be stated in the pleadings, but the facts by means of which facta probanda are proved and which are in the nature of facta probantia need not be set out in the pleadings. Facts probantia are not facts in issue, but they are only relevant facts required to be proved at the trial in order to establish the facts in issue.
Gujarat High Court Cites 56 - Cited by 0 - B M Trivedi - Full Document
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