Abuse of Law
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Suppression must be of Material Fact
“12. It is trite law that so as to enable the court to refuse to exercise its discretionary jurisdiction suppression must be of material fact. What would be a material fact, suppression whereof would disentitle the appellant to obtain a discretionary relief, would depend upon the facts and circumstances of each case. Material fact would…
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Order obtained by Fraud is Nullity
“The courts of law are meant for imparting justice between the parties. One who comes to the court, must come with clean hands. We are constrained to say that more often than not, process of the court is being abused. Property-grabbers, tax-evaders, bank-loan-dodgers and other unscrupulous persons from all walks of life find the court-process…
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Fraud is an Act of Deliberate Deception
5. The High Court, in our view, fell into patent error. The short question before the High Court was whether in the facts and circumstances of this case, Jagannath obtained the preliminary decree by playing fraud on the court. The High Court, however, went haywire and made observations which are wholly perverse. We do not…
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Meaning of Bias
A predisposition to decide for or against one party, without proper regard to the true merits of the dispute is bias. There must be reasonable apprehension of that predisposition. The reasonable apprehension must be based on cogent materials. Supreme CourtSecretary to the Govt, Transport Deptt Madras vs Munuswamy Mudaliar & Ors 1988 AIR 2232 Bias…
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Meaning of Mala Fide in Law
Mala fides means want of good faith, personal bias, grudge, oblique or improper motive or ulterior purpose. The administrative action must be said to be done in good faith, if it is in fact done honestly, whether it is done negligently or not. An act done honestly is deemed to have been done in good…
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Supreme Court on Filing Frivolous Cases
Courts across the legal system – this Court not being an exception – are choked with litigation. Frivolous and groundless filings constitute a serious menace to the administration of justice. They consume time and clog the infrastructure. Productive resources which should be deployed in the handling of genuine causes are dissipated in attending to cases…
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Supreme Court on Concealment of Material Facts
1. Introduction Concealment or Suppression of material facts has far reaching consequences. Before we delve any further let’s begin with the basics. What are material facts? Why material facts should not be concealed? What are the implications of concealment of material facts? How do courts ensure that litigants come with clean hands to Court when…
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