VASHIT NARAIN SHARMA versus DEV CHANDRA AND OTHERS

Citation: [1955] 1 S.C.R. 509 · Decided: 20-05-1954 · Supreme Court of India · Bench: SUDHI RANJAN DAS · Disposal: Disposed off

Cited by 12 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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S.C.R. 
SUPREME COURT REPORTS 
509 
of the defendants that they had discharged the hundi ; 
and that that clearly imported an acknowledgment 
of liability on the bill, and was sufficient to clothe the 
plaintiff with a right of action thereon. 
Assume that 
the plea of discharge of a hundi implies an acknow-
ledgment of liability thereunder-an assumption which 
we find it difficult to accept. The question still remains 
whether that is sufficient in law to fasten a liability on 
the defendants on the hundi. What is requisite for 
fixing the drawees with liability under section 32 is the 
acceptance by them of the instrument and not an 
acknowledgment of liability. As the law prescribes no 
particular form for acceptance, there 
sltould be no 
difficulty in 
construing 
an acknowledgment as 
an 
acceptance ; but then, it must satisfy the requirements 
of section 7, and must appear on the bill and be signed 
by the drawees. In the present case, the acknowledg-
ment is neither in writing; nor is 
it signed by the 
defendants. It is a matter of implication arising from 
the discharge of the instrument. That is not sufficient 
to fix a liability on the defendants under section 32. 
In conclusion, we must hold that there was neither a 
valid presentment of the hundi for acceptance, nor a 
valid acceptance thereof. 
In the result, the appeal fails, and is dismissed with 
costs. 
Appeal dismissed. 
V ASHIT NARAIN SHARMA 
v. 
DEV CHANDRA AND OTHERS. 
[S. R. DAs, GHULAM HASAN and JAGANNADHADAS JJ.] 
Representation of the People Act, 1951 (Act XL/II of 1951), 
s. 100(1) (c)-Words "the result of the election has been materially 
affected"-lnterpretation of-Improper acceptance or rejection of a 
nomination paper-Election-Validity of-Onus of proving that the 
result 
has 
been materially affected-Finding of Election Tribunal 
based on speculation and conjecture-Mis direction in law. 
The words "the result of the election has been materially 
affected" in section 100(1) (c) of the Representation of the People 
1954 
Seth Jagjivan 
Mardi Vithlani 
v. 
Messrs. Ra11ehhod· 
das Meghji. 
Venkatarama 
Ayyar]. 
1954 
May20 
1954 
Yt1.thid .Narain 
Sharma 
v. 
D1~ Cha'fldra and 
Otlttrs. 
510 
SUPREME COURT REPORTS 
[1955] 
Act, 1951, indicate 
that the result should not be judged by the 
n1ere increase or decrease in the total nun*-r of votes 
secured by 
the 
returned candidate but by proof of the fact that the \Vasted 
votes \voul<l have been distributed in such a manner between the 
contesting candidates 
as 
would have brought about the defeat of 
the returned candidate. 
Section 100(1) (c) clearly 
places 
a 
burden on the 
objector 
to substantiate the 
objection 
that the result of the election has 
been inaterially 
affected by the in1propcr acceptance or 
rejection 
of the nornination paper. 
1"he said section is too clear for any speculation about pos-
sibilities an<l 
it lays 
down that in1proper acceptance is not to be 
regarded as fatal to the election unless the Tribunal is of opinion 
chat the result has been inaterially affected. 
) .. 
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If an Election Tribunal misdirects itself 
in not con1prehending 
the real 
question before it and 
proceeds n1erely on possibilities,. 
speculation and conjecture, its or<ler must be set aside. 
Al' 
CIVIL 
APPELLATE 
JuR1smcTION : 
Civil 
Appeal 
No. 151 of 1953. 
Appeal by Special Leave granted by the Supreme 
Court of India by its Order dated the 29th May, 
1953, 
from the Judgment and Order dated the 4th May, 1953, 
of 
the Election 
Tribunal, Allahabad, in 
Election 
Petition No. 270 of 1952. 
C. 
K. 
Daphtary, 
Solicitor-General 
for 
India 
(G. C. Mathur and C. P. Lal, with 
him) 
for the 
appellant. 
N aunit Lal for respondents Nos. 1 to 4. 
1954. May 20. The Judgment of the Court was 
delivered by 
GHULAM 
HASAN J.-This appeal preferred under 
article 136 of the Constitution against the order, dated 
May 4, 
1951, of the 
Election Tribunal, Allahabad, 
setting aside the election of Sri Vashist Narain Sharma 
to the Uttar Pradesh Legislative Assembly, raises two 
questions for consideration. The first question is whe-
ther the nomination of 
one of the rival 
candidates, 
Dudh Nath, was improperly accepted by the Returning 
Officer and the second, whether the result of the elec-
tion was thereby materially affected. 
Eight candidates filed nominations to the Uttar 
Pradesh Legislative 
Assembly from Ghazipur 
(South 
East) 
Constituency 
No. 345, 
three withdrew their 
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