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PETITIONER: DINABANDHU SAHU
Vs.
RESPONDENT: JADUMONI MANGARAJ AND OTHERS.
DATE OF JUDGMENT: 25/04/1954
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. BOSE, VIVIAN BHAGWATI, NATWARLAL H.
CITATION: 1954 AIR 411 1955 SCR 140 CITATOR INFO : F 1955 SC 610 (4) R 1957 SC 397 (30) R 1959 SC 459 (50) F 1968 SC 22 (4) RF 1986 SC 441 (4)
ACT: Constitution of India-Article 136-Supreme Court-If and when can interfere with findings of facts in appeal- Representation of the People Act (XLIII of 1951), ss. 85, 90(4)-Requisites and finality of condonation of delay under s. 85 and powers conferred thereunder-Scope and extent of powers given to an Election Tribunal under s. 90(4).
HEADNOTE: Held, that the Supreme Court does not, when hearing appeals under Article 136 of the Constitution, sit as a Court of further appeal on facts, and does not interfere with findings given on a consideration of evidence, unless they are perverse or based on no evidence and this is particularly so when the findings under challenge are those of Election Tribunals. The rights under litigation in election proceedings are not common law rights but rights which owe their existence to statutes and the extent of those rights must be determined by reference to the statu...