SHARIF UD DIN Vs. ABDUL GANI LONE
LAWS(SC)-1979-11-24
SUPREME COURT OF INDIA (FROM: JAMMU & KASHMIR)
Decided on November 12,1979

SHARIF UD DIN Appellant
VERSUS
ABDUL GANI Respondents





Cited Judgements :-

PURAN SINGH FARTYAL VS. STATE OF UTTARAKHAND [LAWS(UTN)-2022-11-5] [REFERRED TO]
THANGARAJ VS. M G RAMACHANDRAN [LAWS(MAD)-1986-12-29] [REFERRED TO]
NIWAS JHANWAR VS. JETHMAL [LAWS(RAJ)-1997-9-38] [REFERRED TO]
VINOD VS. KIRPAL SINGH [LAWS(P&H)-1986-5-2] [REFERRED TO]
RAJENDRA BHARTI VS. NAROTTAM MISHRA [LAWS(MPH)-2010-3-110] [REFERRED TO]
SRI VENKATRAM SPINNERS PVT LTD REP BY ITS MANAGING VS. STATE OF TAMIL NADU REP BY PRINCIPAL SECRETARY [LAWS(MAD)-2017-8-227] [REFERRED TO]
COGNIZANT TECHNOLOGY SOLUTIONS INDIA PVT. LTD. VS. DEPUTY COMMISSIONER OF INCOME TAX [LAWS(MAD)-2019-6-465] [REFERRED TO]
G.GANESH KUMAR VS. ASSISTANT COMMISSIONER (ST) [LAWS(MAD)-2019-1-418] [REFERRED TO]
PIARAY LAL VS. GHULAM MOHD [LAWS(J&K)-1985-4-2] [REFERRED TO]
A MANJU VS. PRAJWAL REVANNA @ PRAJWAL R [LAWS(KAR)-2020-1-22] [REFERRED TO]
HARI SINGH PATEL VS. JANPAD PANCHAYAT [LAWS(MPH)-1995-2-11] [REFERRED TO]
RAMESHWAR DAYAL ARALE VS. MUNNA SINGH BHADORIA [LAWS(MPH)-1991-1-8] [REFERRED TO]
SYNERGY FERTICHEM PVT.LTD VS. STATE OF GUJARAT [LAWS(GJH)-2019-12-96] [REFERRED TO]
AMRUBHAI NAGBHAI MAITRA VS. COMPETENT AUTHORITY UNDER THE GUJ PROVISION FOR [LAWS(GJH)-2003-9-51] [REFERRED TO]
ALDY LALRUATPUIA VS. STATE OF MIZORAM [LAWS(GAU)-2022-6-88] [REFERRED TO]
UNIWORTH TEXTILES LIMITED ETC. ETC. VS. CCE ETC. ETC. [LAWS(CE)-2010-2-171] [REFERRED TO]
ASSAM SYNTEX LTD VS. REGISTRAR OF COMPANIES [LAWS(GAU)-2007-6-44] [REFERRED TO]
DEVAKI VS. KAVERI AMMA [LAWS(KER)-1995-1-22] [REFERRED TO]
HARISCHANDRA VS. S K MOHAMMED [LAWS(KER)-1996-3-13] [REFERRED TO]
GEETA GANPATRAO SURYAWANSHIYA VS. SHRADDHEYA MAHILA BAHUUUDESHIYA SANSTHA [LAWS(BOM)-2011-8-133] [REFERRED TO [ 4 ]]
MANMOHAN VS. DEPUTY DIRECTOR [LAWS(ALL)-2013-1-164] [REFERRED TO]
CHANDRA NARAIN TRIPATHI VS. KAPIL MUNI KARWARIYA [LAWS(ALL)-2011-5-74] [REFERRED TO]
BDA PRIVATE LIMITED VS. PAUL P JOHN [LAWS(DLH)-2008-4-34] [REFERRED TO]
ANIL SABBARWAL VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-4-333] [REFERRED TO]
FASHION DEZIRE VS. UNION OF INDIA [LAWS(ALL)-2021-8-168] [REFERRED TO]
ABDUL JABBAR VS. SYEDA ANWARA TAIMUR AND ORS. [LAWS(GAU)-1985-8-11] [REFERRED TO]
ALEYA BEGUM VS. GOVERNMENT OF BANGLADESH [LAWS(BANG)-2000-10-1] [REFERRED TO]
OTA FALLOONS FORWARDERS PVT LTD VS. UNION OF INDIA & ANR [LAWS(CAL)-2018-6-11] [REFERRED TO]
ASIAN FREIGHT (UNIT OF ESAN FREIGHT & TRAVEL PVT L VS. PRINCIPAL COMMISSIONER OF CUSTOMS (AIRPORT & ADMIN [LAWS(CAL)-2016-8-199] [REFERRED]
FAIZUL KARIM VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2017-7-223] [REFERRED TO]
SINGH SHAMSHER RAMBAHAL VS. ELECTION COMMISSIONER [LAWS(BOM)-2010-8-39] [REFERRED TO]
BHAGWAN RAMBHAU KARANKAL VS. CHANDRAKANT B RAGHUWANSHI [LAWS(BOM)-2000-4-74] [REFERRED TO]
BODRUL ALAM MALLICK VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-10-41] [REFERRED TO]
PAWAN KUMAR AGARWAL VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-4-80] [REFERRED TO]
LAXMI POLYFAB PVT. LTD. VS. EDEN REALTY VENTURES PVT. LTD. [LAWS(CAL)-2021-4-47] [REFERRED TO]
GOVIND RAM TANSUKH RAI AND CO VS. COMMISSIONER OF SALES TAX U P [LAWS(ALL)-1985-8-18] [REFERRED TO]
KLEN AND MARSHALLS MANUFACTURERS AND EXPORTERS LTD. VS. BANK OF TOKYO-MITSUBISHI LTD. [LAWS(DR)-2005-10-12] [REFERRED TO]
ASHIM DAS VS. STATE OF ASSAM [LAWS(GAU)-2007-2-46] [REFERRED TO]
RAKESH KUMAR VS. J P NEGI [LAWS(HPH)-1990-12-3] [FOLLOWED ON]
AMIT KUMAR VS. SUDESH KUMAR MAHTO [LAWS(JHAR)-2012-9-32] [REFERRED TO]
AVAL EXPORTS VS. UNION OF INDIA [LAWS(DLH)-2013-10-61] [REFERRED TO]
STATE REPRESENTED BY INSPECTOR VS. N.S. GNANESWARAN [LAWS(SC)-2013-1-37] [REFERRED TO]
PROMUK HOFFMAN INTERNATIONAL LTD VS. STATE OF RAJASTHAN [LAWS(RAJ)-2008-8-24] [REFERRED TO]
V.S.PALANIVEL VS. P.SRIRAM, CS, LIQUIDATOR [LAWS(SC)-2024-8-86] [REFERRED TO]
DEVAKI VS. KAVERI AMMA [LAWS(KER)-1996-1-39] [REFERRED TO]
A MOHAMMED VS. NALAKATH SOOPY [LAWS(KER)-1996-8-38] [REFERRED TO]
COLLECTOR OF CENTRAL EXCISE VS. GHOSE AND CO [LAWS(KER)-1990-2-53] [REFERRED TO]
BAN BIHARI MAHATO AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-1987-5-31] [REFERRED TO]
CARGIL INDIA (P) LTD. VS. SALES TAX OFFICER, KHARAGPUR RANGE AND ORS. [LAWS(ST)-2008-4-5] [REFERRED TO]
BALCHAND UDAIRAM VS. STATE OF SIKKIM [LAWS(SIK)-1989-7-1] [REFERRED TO,]
A.MANJU VS. PRAJWAL REVANNA [LAWS(SC)-2021-12-46] [REFERRED TO]
RAJAN VS. RADHAKRISHNAN [LAWS(KER)-1983-3-9] [REFERRED TO]
KTV HEALTH FOODS PVT. LTD. VS. TAMIL NADU CIVIL SUPPLIES CORPORATION [LAWS(MAD)-2022-6-93] [REFERRED TO]
HARYANA URBAN DEVELOPMENT AUTHORITY AND OTHERS VS. SANDEEP AND OTHERS [LAWS(P&H)-2012-4-225] [REFERRED]
K. SOWBAGHYA VS. UNION OF INDIA, MINISTRY OF FINANCE, NORTH BLOCK DEPARTMENT OF REVENUE AND ORS. [LAWS(KAR)-2016-1-172] [REFERRED TO]
RAMESH KHATRI LAMBERDAR VS. MS. KAVITA JAIN [LAWS(P&H)-2017-6-30] [REFERRED TO]
DR. SUSHANT DESHTA VS. STATE OF H.P. AND OTHERS [LAWS(HPH)-2016-12-47] [REFERRED TO]
ASTRAZENECA AB VS. TORRENT PHARMACEUTICALS LTD. ; MICRO LABS LIMITED ; ZYDUS HEALTHCARE LTD. & ANR ; ERIS LIFESCIENCES LTD. ; USV PVT. LTD. ; MSN LABORATORIES PVT. LTD. [LAWS(DLH)-2020-11-17] [REFERRED TO]
DARIUS RUTTON KAVASMANECK RESIDING AT 626, PARSI COLONY, DADAR, MUMBAI 400 014 VS. GHARDA CHEMICALS LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED ADDRESS AT 5/6, JER MANSION, 10, W.P. WARDE MARG, BANDRA (WEST), MUMBAI 400 050 [LAWS(BOM)-2017-8-69] [REFERRED TO]
MEETHIAN VS. POULOSE [LAWS(KER)-1996-8-37] [REFERRED TO]
A V PURUSHOTAM VS. N K NAGARAJ [LAWS(KAR)-2003-6-26] [REFERRED TO]
ESCORTS LTD VS. UNION OF INDIA [LAWS(BOM)-1984-11-49] [REFERRED TO]
SAHEBRAO SADASHIV MORE VS. CHAINSUKH MADANLAL SANCHETI [LAWS(BOM)-2003-3-140] [REFERRED TO]
MUKUND SYAMARAO KALE VS. SAHEBRAO RODBAJI SABLE [LAWS(BOM)-2004-10-87] [REFERRED TO]
DADASAHEB ARJUN GULVE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-12-67] [REFERRED TO]
ZENITH COMPUTERS LIMITED VS. UNION OF INDIA [LAWS(BOM)-2003-12-46] [REFERRED TO]
ASHA MADHUSUDAN JOSHI VS. ASHOK H BHIDE [LAWS(BOM)-2002-9-63] [REFERRED TO]
THAKUR MADAN PAL SINGH VS. TAHSILDAR [LAWS(ALL)-1981-11-32] [REFERRED TO]
AMAR NATH AGARWAL VS. IST ADDITIONAL DISTRICT AND SESSIONS JUDGE SAHARANPUR [LAWS(ALL)-1982-9-66] [REFERRED TO]
G. RAMA MOHAN RAO AND ANOTHER VS. THE GOVERNMENT OF ANDHRA PRADESH, REP, BY ITS PRINCIPAL SECRETARY AND CHAIRMAN, AGRICULTURAL, MARKETING & COOPERATIVE DEPARTMENT, SECRETARIAT, HYDERABAD AND ANOTHER [LAWS(APH)-2017-3-11] [REFERRED TO]
MANISH GANGULY VS. THE PRESIDING OFFICER, STATE TRANSPORT APPELLATE TRIBUNAL WEST BENGAL & ORS. [LAWS(CAL)-1985-4-50] [REFERRED TO]
ANAJAMMA VS. S PUSHPAMMA [LAWS(APH)-2000-11-23] [REFERRED TO]
CH VIDYASAGAR RAO VS. KOMIREDDY RAMULU [LAWS(APH)-1995-12-23] [REFERRED TO]
DATLA SREERAMACHANDRA RAJU VS. DISTRICT COLLECTOR VISAKHAPATNAM DISTRICT [LAWS(APH)-1983-1-21] [REFERRED TO]
NEELAM SONKAR VS. BALI RAM [LAWS(ALL)-2011-10-83] [REFERRED TO]
SARO INTERNATIONAL FREIGHT SYSTEM VS. COMMISSIONER OF CUSTOMS [LAWS(MAD)-2015-12-321] [REFERRED TO]
PRASANTA KU. DAS VS. STATE OF ODISHA AND ORS. [LAWS(ORI)-2016-11-103] [REFERRED TO]
G DEVARAJEGOWDA VS. PRAJWAL REVANNA [LAWS(KAR)-2020-1-86] [REFERRED TO]
VINOD KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2018-12-32] [REFERRED TO]
TVL.SHANMUGAMARI TIMBERS VS. COMMERCIAL TAX OFFICER [LAWS(MAD)-2018-12-207] [REFERRED TO]
AMARJIT KAUR VS. CHANDI RAM [LAWS(P&H)-2015-1-413] [REFERRED TO]
MOHANLAL VS. KRISHAN LAL [LAWS(RAJ)-2002-11-18] [REFERRED TO]
ISSARDAS K BROTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-1980-5-16] [REFERRED]
DIBAKAR JENA VS. PRAFULLA KUMAR MOHAPATRA [LAWS(ORI)-1999-2-1] [REFERRED TO]
MANJIT KAUR VS. DEPUTY COMMISSIONER-CUM-ELECTION TRIBUNAL [LAWS(P&H)-2010-8-112] [REFERRED TO]
VENKATACHALA MOOPAR AND OTHERS VS. BALASUBRAMANIAN [LAWS(MAD)-2001-2-178] [REFERRED TO]
G VENKANNA VS. M C KULKARNI [LAWS(KAR)-1990-8-85] [FOLLOWED ON]
M MUNIYAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-1998-8-95] [REFERRED TO]
GIRISH CHANDRA VS. COMMITTEE OF MANAGEMENT [LAWS(UTN)-2019-3-17] [REFERRED TO]
ATHUP LEPCHA VS. A K YADAV [LAWS(SIK)-1995-12-1] [REFERRED TO]
V C MISRA VS. RAJ KUMAR SANJAY SINGH [LAWS(ALL)-1985-5-10] [REFERRED TO]
SUKHNANDAN VS. DISTRICT INSPECTOR OF SCHOOLS MEERUT [LAWS(ALL)-1990-10-43] [REFERRED TO]
GLOBAL AVIATION SERVICES PRIVATE LIMITED VS. AIRPORT AUTHORITY OF INDIA A BODY CORPORATE CONSTITUTED BY CENTRAL GOVERNMENT UNDER AIRPORT AUTHORITY ACT, (55 OF 1994) [LAWS(BOM)-2018-2-345] [REFERRED TO]
CHANDER PARKASH VS. ELECTION COMMISSION OF INDIA & ORS [LAWS(J&K)-2016-3-33] [REFERRED]
HIRMATI VIRTE VS. FOOLKUNWAR MARAVI [LAWS(CHH)-2017-2-112] [REFERRED TO]
YASHWANT PANDHARINATH BAGAL VS. WAMAN RAGHUNATH INAMDAR [LAWS(BOM)-1991-11-37] [REFERRED TO]
SUVINA B REDKAR VS. GOVERNMENT OF GOA [LAWS(BOM)-1991-8-60] [REFERRED TO]
SHITLA PRASAD SONKAR VS. ARUN KUMAR NEHRU [LAWS(ALL)-1985-10-28] [REFERRED TO]
VIDUSHI WIRES PVT LTD VS. UNION OF INDIA [LAWS(BOM)-2002-11-6] [REFERRED TO]
ANANTRAO NARAYAN THOPTE VS. KASHINATH PARVATI KHUTWAD [LAWS(BOM)-2000-4-12] [REFERRED TO]
RAMAVATAR SURAJMAL MODI VS. MULCHAND SURAJ MODI [LAWS(BOM)-2004-1-29] [REFERRED TO]
K B HIDES VS. STATE OF U P [LAWS(ALL)-2003-12-60] [REFERRED TO]
PRATEEK MISHRA VS. UNION OF INDIA AND ORS. [LAWS(ALL)-2016-4-217] [REFERRED TO]
RAKESH AGARWAL VS. ARUN KUMAR [LAWS(ALL)-2019-9-33] [REFERRED TO]
SHASTA FREIGHT SERVICES PVT. LTD. VS. PRL. COMMISSIONER OF CUSTOMS, HYDERABAD CUSTOMS COMMISSIONERATE [LAWS(APH)-2018-12-39] [REFERRED TO]
JAGDISH VS. DEPUTY DIRECTOR OF CONSOLIDATION [LAWS(ALL)-2013-1-165] [REFERRED TO]
VED PRAKASH GAUR VS. SUKHAN [LAWS(DLH)-1983-10-14] [REFERRED]
RAJENDRA SINGH J P GOYAL BISHAMBHAR NATH PANDE VS. USHA RANI:RAJ NARAIN:RAJ NARAIN [LAWS(SC)-1984-2-11] [RELIED ON]
MANISH VERMA VS. BHAGAT SINGH KOSHIYARI [LAWS(UTN)-2011-4-18] [REFERRED TO]
PURNA CHANDRA BEHERA VS. DIBAKAR BEHERA [LAWS(ORI)-2008-8-82] [REFERRED TO]
BINOD NAYAK VS. DASARATHI PADHI FB [LAWS(ORI)-1994-12-21] [REFERRED TO]
BHAGIRATH PRASAD VS. ELECTION COMMISSION OF INDIA [LAWS(MPH)-2010-9-72] [REFERRED TO]
GEORGE ELAMPLAKKADU@VAKKACHAN POWATHIL VS. A. V. MATHEW@SAMKUTTY VETTUPALAM [LAWS(KER)-2020-8-677] [REFERRED TO]
PUKHREM SHARATCHANDRA SINGH VS. MAIREMBAM PRITHVIRAJ [LAWS(MANIP)-2016-2-3] [REFERRED TO]
OMPRAKASH SONI VS. ASHOK KUMAR BHARGAVA [LAWS(MPH)-1995-3-58] [REFERRED TO]
GURSEWAK SINGH VS. SANDIP SINGH AND ORS. [LAWS(P&H)-2014-12-135] [REFERRED TO]
DINANATH SHARMA VS. TARUN PRASAD CHATTERJEE [LAWS(MPH)-2000-2-84] [REFERRED TO]
DR. ABRAHAM PATANI OF MUMBAI VS. STATE OF MAHARASHTRA [LAWS(SC)-2022-9-8] [REFERRED TO]
DINESH KALWAY VS. UNION OF INDIA [LAWS(MPH)-2023-6-98] [REFERRED TO]
SHAJI PURUSHOTHAMAN VS. UNION OF INDIA AND ORS. [LAWS(MAD)-2020-3-186] [REFERRED TO]
SANATAN DHARAM SABHA VS. REGISTRAR FIRMS SOCIETIES AND CHITS [LAWS(ALL)-1989-2-13] [REFERRED TO]
NIRMAL VS. U P STATE ELECTION COMMISSION LUCKNOW [LAWS(ALL)-2000-10-40] [REFERRED TO]
COMMISSIONER OF C. EX. VS. MONNET ISPAT AND ENERGY LTD. [LAWS(CE)-2010-8-77] [REFERRED TO]
SOMASHEKARA DESAI VS. STATE OF KARNATAKA [LAWS(KAR)-1989-2-35] [REFERRED TO]
RAJASEKHAR VS. CHANDRAKANT VEERABHADRAPPA DESAI [LAWS(KAR)-1989-3-29] [FOLLOWED ON]
CHANDRAPAL SINGH VS. STATE OF U. P. [LAWS(ALL)-2023-11-74] [REFERRED TO]
GOPAL PARSHAD SHASTRI VS. ARCHNA KUMAR [LAWS(DLH)-1983-8-16] [REFERRED]
MOHIT SAHNEY AND ANOTHER VS. STATE OF U P & ANOTHER [LAWS(ALL)-2018-4-332] [REFERRED TO]
TRIBHUWAN PRASAD VS. STATE OF UTTAR PRADESH AND 3 OTHERS [LAWS(ALL)-2018-5-763] [REFERRED TO]
CANTONMENT BOARD AGRA CANTT AND ORS. VS. PUSHPA RANI GUPTA AND ORS. [LAWS(ALL)-2020-5-110] [REFERRED TO]
RAJENDRA KUMAR VS. DIRECTOR GENERAL, COUNCIL OF SCIENCE AND TECHNOLOGY U. P. [LAWS(ALL)-2021-1-155] [REFERRED TO]
M/S. OTA FALLOONS FORWARDERS PVT. LTD. VS. UNION OF INDIA & ANR. [LAWS(CAL)-2018-6-245] [REFERRED TO]
SHREE AHINSA PRACHAR SAMITY VS. DIRECTOR OF SCHOOL EDUCATION [LAWS(CAL)-2019-8-13] [REFERRED TO]
AHINSA PRACHAR SAMITY VS. DIRECTOR OF SCHOOL EDUCATION [LAWS(CAL)-2019-8-183] [REFERRED TO]
DATLA SREERAMACHANDRA RAJU VS. DISTRICT COLLECTOR VISAKHAPATNAM DIST [LAWS(APH)-1986-1-22] [REFERRED TO]
SHARIF HOSSAIN VS. KALIMUDDIN SHAMS [LAWS(CAL)-1998-1-8] [REFERRED TO]
RETURNING OFFICER CUM PROJECT OFFICER KHAMMAM VS. VOOKA ABBAIAH [LAWS(APH)-1999-9-157] [FOLLOWED ON]
NORTHERN INDIA LIME MARKETING ASSOCIATION DEHRADUN VS. STATE OF U P [LAWS(ALL)-1983-3-3] [REFERRED TO]
VIKAS TRIVEDI VS. STATE OF U P [LAWS(ALL)-2013-4-174] [REFERRED TO]
PATIL AUTOMATION PRIVATE LIMITED VS. RAKHEJA ENGINEERS PRIVATE LIMITED [LAWS(SC)-2022-8-55] [REFERRED TO]
MAY GEORGE VS. SPECIAL TAHSILDAR [LAWS(SC)-2010-5-74] [REFERRED TO]
RAMESH KUMAR BUNGAND VS. STATE OF TELANGANA [LAWS(TLNG)-2023-9-49] [REFERRED TO]
M KARUNANIDHI R RANGASAMI A CHINNADURAI R PERIASAMY A CHINDRASEKHARAN VS. H V HANDE AND OTHRS:C R RAJAPPA:V PERUMAL NAINAR:T P K JAYARAJ:P S MANIAN [LAWS(SC)-1983-3-21] [DISTINGUISHED]
DHRUV NARAYAN SINGH VS. ARIF MASOOD [LAWS(MPH)-2024-8-1] [REFERRED TO]
PONNAMMAL VS. SUBBURAMAN [LAWS(MAD)-2003-8-114] [REFERRED TO]
GOLDEN GRANITES VS. K V SHANMUGAM [LAWS(MAD)-1997-10-5] [REFERRED]
V S SASIDHARAN VS. K KARUNAKARAN [LAWS(KER)-1987-11-24] [REFERRED TO]
MINI SREEDHARAN NAIR VS. VALSALAKUMARI [LAWS(KER)-1996-10-66] [REFERRED TO]
K K AHAMMED VS. P J ANTONY [LAWS(KER)-2005-9-21] [REFERRED TO]
MASTERSTROKE FREIGHT FORWARDERS PVT. LIMITED VS. THE COMMISSIONER OF CUSTOMS (IMPORTS) AND ORS. [LAWS(MAD)-2015-10-114] [REFERRED TO]
MASTERSTROKE FREIGHT FORWARDERS PVT. LIMITED VS. THE COMMISSIONER OF CUSTOMS (IMPORTS) AND ORS. [LAWS(MAD)-2015-10-114] [REFERRED TO]
PRAMOD KUMAR VS. UNION OF INDIA [LAWS(MAD)-2013-4-78] [REFERRED TO]
ANITHA RADHAKRISHNAN VS. PR. MANOHARAN [LAWS(MAD)-2013-9-130] [REFERRED TO]
MADANLAL VS. CHAMPALAL [LAWS(MPH)-1982-1-5] [REFERRED TO]
K. JAYARAMAN VS. UNION OF INDIA [LAWS(MAD)-2022-12-110] [REFERRED TO]
MOHD ASHRAF KHAN VS. MOHD MAQBOOL DAR [LAWS(J&K)-1985-1-3] [REFERRED TO]
COMMISSIONER OF CENTRAL EXCISE AND ORS. VS. BARCO ELECTRONICS SYSTEMS LTD. AND ORS. [LAWS(ALL)-2015-4-188] [REFERRED TO]
SHAHID TAMBOLI VS. DIVISIONAL JOINT REGISTRAR CO-OP. SOCIETIES [LAWS(BOM)-2023-7-730] [REFERRED TO]
SHIVNARAYAN AMARCHAND PALIWAL VS. VASNATRAO VITHALRAO GURJAR [LAWS(BOM)-1991-9-43] [REFERRED TO]
COMMITTEE OF MANAGEMENT VS. STATE OF U P [LAWS(ALL)-2012-1-215] [REFERRED TO]
EXECUTIVE ENGINEER U P S E B VS. PRESCRIBED AUTHORITY [LAWS(ALL)-2002-4-43] [REFERRED TO]
R C CHAUDHARY VS. VICE CHANCELLOR DR BHIM RAO AMBEDKAR UNIVERSITY AGRA [LAWS(ALL)-2003-4-262] [REFERRED TO]
KESARI DEVI VS. STATE OF U P [LAWS(ALL)-2005-8-185] [REFERRED TO]
RUDRANI CHATTERJEE VS. NABADWIP MUNICIPALITY [LAWS(CAL)-1990-3-40] [REFERRED TO]
P B KARUNAKAR AND OTHERS VS. STATE OF TELANGANA [LAWS(APH)-2018-2-10] [REFERRED TO]
TOPLINE SHOES LIMITED VS. CORPORATION BANK [LAWS(SC)-2002-7-73] [REFERRED]
INDORE DEVELOPMENT AUTHORITY VS. MANOHARLAL ETC. [LAWS(SC)-2020-3-83] [REFERRED TO]
RAMDHAN VS. BHANWARLAL [LAWS(RAJ)-1983-5-8] [REFERRED TO]
INDEPENDENT SUGAR CORPORATION LTD VS. GIRISH SRIRAM JUNEJA [LAWS(SC)-2025-1-123] [REFERRED TO]
ADVOCATE GENERAL OF SIKKIM VS. ASHOK KUMAR SUBBA [LAWS(SIK)-1993-7-1] [REFERRED TO]
MITHILESH KUMAR PANDEY VS. BAIDYANATH YADAV [LAWS(SC)-1984-1-1] [RELIED ON]
SHAJI PURUSHOTHAMAN VS. UNION OF INDIA [LAWS(MAD)-2020-1-510] [REFERRED TO]
DINESH KUMAR JAIN VS. BAHADURSINGH CHOUHAN [LAWS(MPH)-2020-5-665] [REFERRED TO]
LILI BEHERA @ MANI GHOSH VS. PREMALATA MALLICK [LAWS(ORI)-2009-3-89] [REFERRED TO]
KIRANBALA ROUT VS. RASNAMAYEE ROY [LAWS(ORI)-2012-12-9] [REFERRED TO]
COMMISSIONER OF CENTRAL EXCISE CHENNAI III COMMISSIONERATE VS. M/S GANGADHARAM APPLIANCES PVT LTD [LAWS(MAD)-2011-8-377] [REFERRED TO]
KUMAR AMITABH VS. STATE OF BIHAR [LAWS(PAT)-2021-12-44] [REFERRED TO]
SURINDER KAUR VS. SUB-DIVISIONAL MAGISTRATE-CUM-CHIEF RETURNING OFFICER [LAWS(P&H)-2015-1-501] [REFERRED TO]
SATYANJAY TRIPATHI VS. BANARSI DEVI [LAWS(MPH)-2011-2-65] [REFERRED TO]
RASAL SINGH VS. ELECTION COMMISSION OF INDIA [LAWS(MPH)-2014-9-6] [REFERRED TO]
THOKCHOM MEINYA SINGH VS. M NARA SINGH, S/O (L) M TONA SINGH [LAWS(MANIP)-2017-8-10] [REFERRED TO]
M R GOPALAKRISHNAN VS. TACHADY PRABHAKARAN [LAWS(KER)-1992-1-19] [REFERRED TO]
GUNVANTLAL MAGANLAL PANDYA VS. PRANABKUMAR KAMDA KINKER MUKHARJEE [LAWS(GJH)-1982-12-21] [REFERRED]
C KANNAN VS. RETURNING OFFICER [LAWS(KAR)-1989-1-21] [FOLLOWED ON]
MOTI RAM VS. MOTI RAM [LAWS(HPH)-1990-12-7] [REFERRED TO]
JAYANTRA DEVI VS. STATE OF U. P. [LAWS(ALL)-2023-2-183] [REFERRED TO]
RAMSUKH VS. STATE OF U.P. [LAWS(ALL)-2020-1-354] [REFERRED TO]
SHAITAN SINGH VS. U.O.I. [LAWS(ALL)-2019-12-97] [REFERRED TO]
RATNAKAR D PATADE VS. SMITA PANDURANG DALVI [LAWS(BOM)-1995-8-24] [REFERRED TO]
S ABEL VS. DISTRICT JUDGE [LAWS(ALL)-1980-2-27] [REFERRED TO]
DELKAR MOHANBHAI SANJIBHAI VS. PATEL NATUBHAI GOMANBHAI [LAWS(BOM)-2010-3-263] [REFERRED TO]
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JUDGEMENT

E. S. Venkataramiah , J. - (1.)This appeal is filed under Section 123 of the Jammu and Kashmir Representation of the People Act, 1957 (hereinafter referred to as 'the Act') by the appellant against the judgment of the High Court of Jammu and Kashmir in Election Petition No. 3 of 1997 dismissing an election petition filed by him on the ground that he had not complied with Section 89 (3) of the Act.
(2.)At the general election held in the year 1977 to elect members to the Legislative Assembly of the State of Jammu and Kashmir, the appellant and the respondent were candidates for the seat to be filled from the Handwara Assembly Constituency. The respondent was declared as the successful candidate by the Returning Officer. Thereafter the appellant filed an election petition before the High Court of Jammu and Kashmir challenging the validity of the respondent's election on various grounds. The respondent raised two preliminary objections to the election petition - (1) that the petition had not been presented in accordance with sub-section (1) of Section 89 of the Act and (2) that the copy of the election petition had not been attested by the appellant under his own signature to be a true copy of the petition as required by Section 89 (3) of the Act. The respondent contended that the petition was liable to be dismissed in view of Section 94 of the Act which provided that the High Court should dismiss an election petition which did not comply with the provisions of Section 89 or Section 90 or Section 125 of the Act. We are not concerned with the first ground as it has been held by the High Court that the petition had been validly presented in accordance with Section 89 (1) of the Act. The appellant while admitting that the copies of the of election petition had not been attested by him under his own signature to be true copies of the petition pleaded that Section 89 (3) of the Act had been substantially complied with as the copies of the election petition had been signed by his advocate and that they had been authenticated to be true copies of the petition. On the basis of the above pleadings, the High Court raised two preliminary issues - one relating to the validity of the presentation of the election petition and the other relating to the effect of the absence of attestation of the copies of the election petition by the appellant. After recording the evidence led by the parties on the preliminary issues and hearing the counsel for the parties, the High Court disposed of the petition by the judgment under appeal. In the course of its judgment while the High Court upheld the case of the appellant that the petition had been validly presented under Sec. 89 (1) of the Act it came to the conclusion that the petition was liable to be dismissed as required by Section 94 of the Act on the ground that Section 89 (3) of the Act had not been complied with by the appellant. Accordingly, the petition was dismissed. Hence this appeal.
(3.)Section 89 (3) of the Act reads:"Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be true copy of the petition."


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