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Tek Chand vs Dile Ram on 24 January, 2001 cites

Vashist Narain Sharma vs Dev Chandra And Others on 20 May, 1954

In support of this contention, the case of Vashit Narain Sharma vs. Dev Chandra and others [(1995) 1 SCR 509] of this Court was cited. This contention was rejected saying that in the present case the petitioner has adduced satisfactory and positive evidence to show that the wasted votes polled by Nikka Ram would in substantial majority have been polled otherwise by the petitioner. So the question of finding being speculative or conjectural does not arise on the facts of this case. Here again, the High Court was not correct in the light of the evidence brought on record.
Supreme Court of India Cites 10 - Cited by 113 - G Hasan - Full Document

Shiv Charan Singh S/O Shri Angad Singh vs Chandra Bhan Singh S/O Shri Mahavir ... on 19 January, 1988

[emphasis supplied] This Court in Shiv Charan Singh vs. Chandra Bhan Singh [(1988) 2 SCC 12], after referring to Vashit Narain case (supra) and Chhedi Ram vs. Jhilmit Ram [(1984) 2 SCC 281], dealing with an election petition filed on the ground under Section 100(1)(d)(i) itself, has clearly stated that the burden of strict proof is on election petitioner; it is not permissible to act on conjectures and surmises; mere fact that number of votes polled by a candidate, whose nomination was improperly accepted, was greater than the margin of votes polled by the returned candidate and the candidate securing the next highest number of votes not by itself was conclusive proof of the material effect on the election of the returned candidate. Paras 10 and 11 of the judgment read thus: -
Supreme Court of India Cites 12 - Cited by 49 - K N Singh - Full Document

Sri Uma Ballav Rath vs Sri Maheshwar Mohanty & Ors on 25 February, 1999

In Uma Bhallav Rath (Smt.) vs. Maheshwar Mohanty (Smt.) and others [(1999) 3 SCC 357], this Court has taken a view that election of a returned candidate cannot be set aside on presumptions, surmises or conjectures. There must be clear and cogent proof in support of the allegations. Applying the principles stated and law laid down by this Court in the aforementioned decisions and in the facts and circumstances of the case having regard to the evidence placed on record we have no hesitation in reaching the conclusion that the High Court committed a manifest error in concluding that the result of the election of the appellant had been materially affected on account of improper acceptance of the nomination paper of Nikka Ram. No doubt, in appeal court will be slow in disturbing a finding of fact recorded by the trial court based on proper appreciation of evidence but it is also the duty of the appellate court to disturb it if the burden of proof is not discharged by cogent, positive and acceptable evidence in the light of law laid down by this Court. More so when there is non consideration of material evidence and appreciation of evidence is not objective and one sided.
Supreme Court of India Cites 4 - Cited by 42 - B N Kirpal - Full Document

B. J. Shelat vs State Of Gujarat & Anr on 28 March, 1978

This Court in B.J. Shelat vs. State of Gujarat & Ors. [ (1978) 2 SCC 201 ] while dealing with a case of voluntary retirement, referring to Bombay Civil Service Rules, Rule 161(2)(ii) proviso and Rule 56(k) of the Fundamental Rules, in similar situation, held that a positive action by the appointing authority was required and it was open to the appointing authority to withhold permission indicating the same and communicating its intention to the Government Servant withholding permission for voluntary retirement and that no action can be taken once the Government servant has effectively retired. Paras 9 and 10 of the said judgment read thus :
Supreme Court of India Cites 5 - Cited by 134 - P S Kailasam - Full Document
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