Hukumdev Narain Yadav v Lalit Narain Mishra
AIR 1974 SC 480; (1974) 3 SCR 3119741 min read
The case in brief30-second read
- Facts
- An election petition was filed one day after the 45-day period under S.81 of the Representation of the People Act 1951.
- Issue
- Whether the delay could be excused, including under S.5 of the Limitation Act.
- Held
- The petition was time-barred. The Representation of the People Act is a complete and self-contained code, so S.5 of the Limitation Act does not apply, and S.86 requires dismissal for non-compliance with S.81.
- Principle
- Where a special law is a complete code, the general provisions of the Limitation Act are excluded by necessary implication.
Facts
- An election petition was filed one day after the 45-day period under S.81 of the Representation of the People Act 1951.
Issue
- Whether the delay could be excused, including under S.5 of the Limitation Act.
Held
- The petition was time-barred. The Representation of the People Act is a complete and self-contained code, so S.5 of the Limitation Act does not apply, and S.86 requires dismissal for non-compliance with S.81.
Cite this
Citation
Hukumdev Narain Yadav v Lalit Narain Mishra AIR 1974 SC 480; (1974) 3 SCR 31Reported: https://api.sci.gov.in/jonew/judis/6370.pdf ; https://indiankanoon.org/doc/1906339/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.