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2007 Supreme(SC) 623

S.B.SINHA, MARKANDEY KATJU
Arunima Baruah – Appellant
Versus
Union of India – Respondent


JUDGMENT

S.B. SINHA, J : —

Leave granted.

2. How far and to what extent suppression of fact by way of non-disclosure would affect a person’s right of access to justice is the question involved in this appeal which arises out of a judgment and order dated 23.07.2003 passed by the High Court of Delhi in LPA No. 68 of 2003.

3.With a view to advert to the said question, we may notice the admitted facts.

4.Indian Council for Child Welfare is a Society registered under the Societies Registration Act and is governed by its Memorandum of Association as well as Rules and Regulations framed thereunder. Appellant herein was an employee of the said Society which is a ‘State’ within the meaning of Article 12 of the Constitution of India. She was offered an appointment. Her services, however, were terminated allegedly without complying with the principles of natural justice despite the fact that she was confirmed in her service.

5.Appellant filed a suit in the District Court on 28.03.2001. An application was filed for grant of injunction. On or about 9.04.2001, only a notice to the defendant was issued but no order of ad-interim injunction was passed. She filed a writ petition before the Delhi High C
































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