Mohd. Akram Ansari vs Chief Election Officer
Mohd. Akram Ansari vs Chief Election Officer - Important Supreme Court Case 2007
On 4th December, 2007, a two Judges Bench in Mohd. Akram Ansari vs Chief Election Officer & Ors [Civil Appeal No.4981 of 2006] held that "if a point is not mentioned in the judgment of a Court", the presumption that "that point was never pressed before the Judge and it was given up", is a rebuttable presumption.
"In case the petitioner contends that he had pressed that point also (which has not been dealt with in the impugned judgment), it is open to him to file an application before the same Judge (or Bench) which delivered the impugned judgment, and if he satisfies the Judge (or Bench) that the other points were in fact pressed, but were not dealt with in the impugned judgment, it is open to the concerned Court to pass appropriate orders, including an order of review", the Bench said.