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Rajasthan Court September 1967 Judgments

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Sep 18 1967

Smt. Kamla Beniwal Vs. Dhir Singh and ors.

Court: Rajasthan

Decided on: Sep-18-1967

Reported in: AIR1968Raj282

ORDERL.N. Chhangani, J. 1. The application of respondent No. 1 dated 11th September, 1967, objecting to the affidavit filed by the petitioner disclosing source of information as 'received from my workers' came up for consideration and orders on 13-9-67. 2. A few facts relevant for the disposal of the application may be stated at the outset. Initially with the election petition thepetitioner filed an affidavit in which there was no reference to schedule 'C'. It may be pointed out that schedule 'C' was referred to in paragraph 32 of the petition and supplemented the allegations in para 32. In paragraph 32 the petitioner stated that the respondent no. 1 hired a number of vehicles for the purpose of his election and has paid them about Rs. 10,000/- as fare to those vehicles. In Schedule 'C' she gave the details of the expenditure of about Rs. 10,000/-. Further, the petitioner while verifying some of the paragraphs in the petition on the basis of information did not disclose the source of i...


Sep 08 1967

Bhogilal Pandya Vs. Maharawal Laxman Singh and anr.

Court: Rajasthan

Decided on: Sep-08-1967

Reported in: AIR1968Raj145

ORDERL.N. Chhangani, J.1. The respondent No. 1 having raised the plea of bar of limitation a preliminary issue was framed as follows:--'Whether the petition is barred by time and therefore liable to be dismissed?'2. Arguments were heard there is no controversy over the facts. The respondent No. 1 was declared elected on 21-2-1967. The election petition was filed on 7-4-1967. The period from 21-2-1967 to 7-4-1967 is a period of 46 days if both the days mentioned are counted, whereas it is a period of 45 days if the date of the election is not counted. The petitioner's case is that 21-2-1967 the day on which the respondent No. 1 was declared returned cannot be counted in view of the provisions of Section 12(1) read with Section 29(2) of the Limitation Act, and Section 9 of the General Clauses Act. In support of his arguments he relied upon two judgments of the Supreme Court reported as T.C. Basappa v. T. Nagappa. 10 Ele LR 14: (AIR 1954 SC 440) and Vidyacharan v. Khubchand, AIR 1964 SC 1...


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