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Samant N. Balakrishna Etc vs George Fernandez And Ors. Etc on 12 February, 1969 cites

Sheopat Singh vs Ram Pratap on 28 August, 1964

"The sub-section requires : (i) publication of any statement of fact by a candidate, (ii) that fact is false, (iii) the candidate believes it to be false or does not believe it to be true, (iv) the statement is in relation to the personal character or conduct of another candidate; and (v) the said statement is one being reasonably calculated to prejudice the prospects of the other candi- date's election. (See Sheopat Singh v. Ram Pratap(1) This case thus lays down that the person with whose belief the provision is concerned is ordinarily the candidate who, if we may say so, is responsible for the publi- cation. The responsibility of the candidate for the publication arises if he publishes the thing himself. He is equally responsible for the publication if it is published by his agent. Thirdly he is also responsible where the thing is published by any other person but with the consent of the candidate or his election agent. In all three cases the responsibility is of the candidate and it is ordinarily the candidate's belief that matters for this purpose. If the candidate either believes the statement to be false or does not believe it to be true he would be responsible under s. 123(4). In the present case. the poem was not actually read by the appellant, but it was read in his presence at a meeting at which he was presiding by Avinash Chander. In these circumstances. the High Court was right in coming to the conclusion that the recitation of the poem by Avinash Chander at the meeting amounted to the publication of the false statement of fact contained in it by another person with the consent of the candidate, and in this case, even of his election agent who was also present at the meeting., But the responsibility for such publication in the circumstances of this case is of the candidate and it is the candidate's belief that matters and not the belief of the person who actually read it with the consent of the candidate. What would be the position in a case where the candidate had no knowledge at all of the publication before it was made need not be considered for that is not so here. It is not disputed in this case that the statement that the respondent was the greatest of all thieves, was false. It is also not seriously challenged that the appellant did not believe it to be true. The contention that Avinash Chander's belief should have been proved must therefore fail."
Supreme Court of India Cites 6 - Cited by 16 - M Hidayatullah - Full Document

Kumara Nand vs Brijmohan Lal Sharma on 29 November, 1966

The result of the foregoing discussion is that this case will have to be judged of under s. 1 00 ( 1 ) (d) and not under s. 100 (1) (b). In the arguments before us Mr. Chari conceded that some of the articles contain false statements regarding the character and conduct of Mr. Patil. He mentioned in this connection five articles. It is, not, therefore, necessary to examine, each of the 16 articles separately. If the conditions required by S. 100, (1) (d) read with s. 123 (4) are satisfied, a corrupt practice avoiding the election will be established. The first condition is that the candidate's belief in the falsity of the statements must be established That was laid down by this Court in Kumara Nand v. Brijmohan Lal Sharma(1). The second condition is that the result of the election in so far as Mr. Fernandez is concerned must be shown to be materially affected. Thus we have not only to see (a) that the statement was made by an agent, (b) that it was false etc., (c) that it related to the personal character and conduct of Mr. Patil, (d) that it was reasonably calculated to harm his chances but also (e) that it in fact materially affected the result of the election in so far as Mr. Fernandez was concerned. Of these (a) and (c) are admitted and (b) is admitted by Mr. Fernandez because he said that he did not believe that there was any truth in these statements. The question next is whether they were calculated to affect the prospects of Mr. Patil. Here there can be no two opinions. These articles cast violent aspersions and were false as admitted by Mr. Fernandez himself. The course of conduct shows a deliberate attempt to lower his character and so they must be held to be calculated to harm him in his election. So far the appellants are on firm ground. Even if all these findings are in favour of the appellants, we cannot declare the election to be void under S. 100(1) (d) (ii) unless we reach the further conclusion that the result of the election in so (1) [1967] 2 S.C.R. 127.
Supreme Court of India Cites 11 - Cited by 19 - K N Wanchoo - Full Document

J. Devaiah vs Nagappa And Ors. on 14 April, 1964

The allegation is not clear whether the Government servants were asked by the appellants to support their candidature, or whether they were asked to assist them in furtherance of their election prospects, and there is no allegation at all that the Government servants did, in fact, assist the appellants in the election. On these allegations, it is difficult to hold that the petition in fact raised a charge under s. 123 (8). It is a long jump from the petition as originally laid to the present amendment, wherein for the first time it is asserted that certain Mukhiasno Mukhias are mentioned in the petition-assisted the appellants in furtherance of their election prospects, and that thereby the corrupt practice mentioned 628 in s. 123 (8) had been committed. The new matters introduced by the amendment so radically alter the character of the petition as originally framed as to make it practically a new petition, and it was not within the power of the Tribunal to allow an amendment of that kind.,' It would appear from this that to make out a complete charge the facts necessary must be included in relation to a 'ground' as stated in the Act. Merely repeating the words of the statute is not sufficient. The petitioner must specify the ground i.e. to say the nature of the corrupt practice and the facts necessary to make out a charge. Although it has been said that the charge of corrupt practice is in the nature of quasi criminal charge, the trial of an election petition follows the procedure for the trial of a civil suit. The charge which is included in the petition must, therefore, specify the material facts of which the truth must be established. This is how the case was understood in numerous other cases, some of which we have already referred to. In particular see J. Devaiah v. Nagappa and Others(1) and Babulal Sharma v. Brijnarain Brajesh and Others(2).
Karnataka High Court Cites 15 - Cited by 17 - K S Hegde - Full Document

Babulal Sharma vs Brijnarain Brajesh And Ors. on 22 January, 1958

The allegation is not clear whether the Government servants were asked by the appellants to support their candidature, or whether they were asked to assist them in furtherance of their election prospects, and there is no allegation at all that the Government servants did, in fact, assist the appellants in the election. On these allegations, it is difficult to hold that the petition in fact raised a charge under s. 123 (8). It is a long jump from the petition as originally laid to the present amendment, wherein for the first time it is asserted that certain Mukhiasno Mukhias are mentioned in the petition-assisted the appellants in furtherance of their election prospects, and that thereby the corrupt practice mentioned 628 in s. 123 (8) had been committed. The new matters introduced by the amendment so radically alter the character of the petition as originally framed as to make it practically a new petition, and it was not within the power of the Tribunal to allow an amendment of that kind.,' It would appear from this that to make out a complete charge the facts necessary must be included in relation to a 'ground' as stated in the Act. Merely repeating the words of the statute is not sufficient. The petitioner must specify the ground i.e. to say the nature of the corrupt practice and the facts necessary to make out a charge. Although it has been said that the charge of corrupt practice is in the nature of quasi criminal charge, the trial of an election petition follows the procedure for the trial of a civil suit. The charge which is included in the petition must, therefore, specify the material facts of which the truth must be established. This is how the case was understood in numerous other cases, some of which we have already referred to. In particular see J. Devaiah v. Nagappa and Others(1) and Babulal Sharma v. Brijnarain Brajesh and Others(2).
Madhya Pradesh High Court Cites 9 - Cited by 7 - M Hidayatullah - Full Document

Nani Gopal Swami vs Abdul Hamid Choudhury And Anr. on 5 January, 1959

Mr. Jethamalani contended in further support that there was a clear similarity in the statements and utterances of Mr. Fernandez and Mr. Atrey. He inferred a high probability of concept between them. In this connection he referred in particular to the speech of Mr. Fernandez at Shivaji Park and the conduct of Shanbhag, one of his workers, in following up what Mr. Fernandez had said. We shall refer to this last part later on which a considerable part of the time of the Court was spent, although we had ruled out the amendment with regard to the speech at Shivaji Park. Mr. Jethamalani referred to the following cases among others in support of his contention that consent in such circumstances may be assumed : Nani Gopal Swami v. Abdul Hamid Choudhury and Another(1), Adams and Others v. Hon. E.F. Leveson Gower (2) Christie v. Grieve(3) and W. F. Spencer; John Blundell v. Charles Harrison(4). There is no doubt that consent need not be directly proved and a consistent course of conduct in the canvass of the candidate may raise a presumption of consent. But there are cases and cases. Even if all this is accepted we are of opinion that consent cannot be inferred. The evidence proves only that Mr. Atrey was a supporter and that perhaps established agency of Mr. Atrey. It may be that evidence is to be found supporting the fact that Mr. Atrey acted as agent of Mr. Femandez with his consent. That however does not trouble us 'because Mr. Chari admitted that Mr. Atrey can be treated as an agent of Mr. Fernandez. It is however a very wide jump from this to say that Mr. Fernandez had consented to each publication ;as it came or ever generally consented to the publication of items defaming the character and conduct of Mr. Patil. That consent must be specific.
Gauhati High Court Cites 11 - Cited by 11 - Full Document

Abdul Majeed (Meera Sahib) vs Bhargavan (Krishnan) Member, ... on 23 March, 1962

If they could not be regarded as agents of Mr. Fernandez we do not see any reason to hold that the 'Maratha' or Mr. Atrey can safely be regarded as agent of Mr. Fernandez when acting for the newspaper so as to prove his consent to the publication of the defamatory matter. We are therefore of opinion that consent cannot reasonably be inferred to the publications in the 'Maratha'. We are supported in our approach to the problem by a large body of case law to which our attention was drawn by Mr. Chari. We may refer to a few cases here : Biswanath Upadhaya v. Haralal Das and Others(1), Abdul Majeed v. Bhargavan (Krishnan) & otherS(2), Rustom Satin v. Dr. Sampoornanand and Others(3), Sarla Devi Pathak v. Birendra Singh & OtherS(4), Krishna Kumar v. Krishna Gopal(5), Lalsing Keshrising Rehvar v. Vallabhdas Shankerlal Thekdi and Others(6), Badri Narain Singh and Others v. Kamdeo Prasad Singh and Another (7) and Sarat Chandra Rabba v. Khagendranath Nath and others(8). It is not necessary to (1) (1959) Assam 97. (2) A.I.R. 1963 Kerala 18. (3) 20 E.L.R. 221. (4) 20 E.L.R. 275.
Kerala High Court Cites 23 - Cited by 10 - Full Document

Krishna Kumar vs Krishna Gopal on 7 May, 1963

If they could not be regarded as agents of Mr. Fernandez we do not see any reason to hold that the 'Maratha' or Mr. Atrey can safely be regarded as agent of Mr. Fernandez when acting for the newspaper so as to prove his consent to the publication of the defamatory matter. We are therefore of opinion that consent cannot reasonably be inferred to the publications in the 'Maratha'. We are supported in our approach to the problem by a large body of case law to which our attention was drawn by Mr. Chari. We may refer to a few cases here : Biswanath Upadhaya v. Haralal Das and Others(1), Abdul Majeed v. Bhargavan (Krishnan) & otherS(2), Rustom Satin v. Dr. Sampoornanand and Others(3), Sarla Devi Pathak v. Birendra Singh & OtherS(4), Krishna Kumar v. Krishna Gopal(5), Lalsing Keshrising Rehvar v. Vallabhdas Shankerlal Thekdi and Others(6), Badri Narain Singh and Others v. Kamdeo Prasad Singh and Another (7) and Sarat Chandra Rabba v. Khagendranath Nath and others(8). It is not necessary to (1) (1959) Assam 97. (2) A.I.R. 1963 Kerala 18. (3) 20 E.L.R. 221. (4) 20 E.L.R. 275.
Rajasthan High Court - Jaipur Cites 26 - Cited by 5 - Full Document

Lalsing Keshrising Rehvar vs Vallabhdas Shankerlal Thekdi And Ors. on 22 December, 1965

If they could not be regarded as agents of Mr. Fernandez we do not see any reason to hold that the 'Maratha' or Mr. Atrey can safely be regarded as agent of Mr. Fernandez when acting for the newspaper so as to prove his consent to the publication of the defamatory matter. We are therefore of opinion that consent cannot reasonably be inferred to the publications in the 'Maratha'. We are supported in our approach to the problem by a large body of case law to which our attention was drawn by Mr. Chari. We may refer to a few cases here : Biswanath Upadhaya v. Haralal Das and Others(1), Abdul Majeed v. Bhargavan (Krishnan) & otherS(2), Rustom Satin v. Dr. Sampoornanand and Others(3), Sarla Devi Pathak v. Birendra Singh & OtherS(4), Krishna Kumar v. Krishna Gopal(5), Lalsing Keshrising Rehvar v. Vallabhdas Shankerlal Thekdi and Others(6), Badri Narain Singh and Others v. Kamdeo Prasad Singh and Another (7) and Sarat Chandra Rabba v. Khagendranath Nath and others(8). It is not necessary to (1) (1959) Assam 97. (2) A.I.R. 1963 Kerala 18. (3) 20 E.L.R. 221. (4) 20 E.L.R. 275.
Gujarat High Court Cites 22 - Cited by 2 - Full Document
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