Supreme Court of India

Chandra Kishore Jha v. Mahavir Prasad and Ors.

Neutral citation

Bench Dr. A.S. Anand, S. Rajendra Babu and R.C. Lahoti JJ.

Decided 21 September 1999

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.

10 Supreme Court benches have cited this judgment.

What the Court ordered

Thus, for what we have said above the appeal succeeds and is allowed. The impugned order dated 3.10.1997 is set aside. The election petition shall be tried on merits by the learned designated election Judge expeditiously. There shall be no order as to costs insofar as this appeal is concerned.

Judgment, Last paragraph, p. 764

From the headnote

Patna High Court Rules, 1916-Rule 6 of Chapter XXI-E, Rules 7,9,13 of Chapter II part I, Rule 24 of Chapter XXI-E-Election petition-Sought to be filed on the last day of prescribed period-Courts not functioning after 3.15 P.M after an obituary Reference-Petition handed over to Bench Clerk of the Court-Presented before the open court on very next day-Whether barred by limitation-Held, under the Rules an election petition can be presented only before a designated Judge in open Court or a Bench hearing civil applications and motions-Presentation before the Bench clerk or Registrar not properly made-However by virtue of Sec. 10 of General Clauses Act, petition within the period of limitation-General Clauses Act, 1897, Sec. 10-Representation of the People Act, 1951.

Authorities it was built on

1963 State of Uttar Pradesh v. Singhara Singh and Others cited by 49

Where later benches applied it

2022 Union of India v. Mahendra Singh relied on
2021 Opto Circuit India Ltd. v. Axis Bank & Ors. relied on
2020 Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and Ors. relied on
2018 Indore Development Authority v. Shailendra (dead) through Lrs. & Ors. relied on
2025 Delhi Pollution Control Committee v. Lodhi Property Co. Ltd. Etc. referred to
2021 The Income Tax Officer, Circle I (2), Kumbakonam & Anr. v. V. Mohan & Anr. referred to
2020 Indore Development Authority v. Manoharlal & Ors. Etc. referred to
2014 Dipak Babaria & Anr. v. State of Gujarat & Ors. referred to
2012 Jitu Patnaik v. Sanatan Mohakud & Ors. referred to
2012 The Accountant General, M.P. v. S.K. Dubey & Anr. referred to

Of those, 4 relied on · 6 referred to

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.