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2009 Supreme(SC) 1801

Supreme Court of India
THE HONOURABLE MR. JUSTICE G.S. SINGHVI & THE HONOURABLE MR. JUSTICE ASOK KUMAR GANGULY
Dalip Singh
Versus
State of U.P. & Others
Civil Appeal No. 5239 of 2002
Decided On : 03-12-2009

Advocates Appeared: For the Appellant:Shambhu Prasad Singh, Prashante Jha, Ms. Manjula Gupta, Advocates. For the Respondents:Pramod Swarup, Sr. Advocate, L.K. Pandey, S.K. Dwivedi, Amit Singh, Ms. Sushma Verma, Chandra Prakash Pandey, Dr. Krishan Singh Chauhan, K.C. Lamba, Chand Kiran, Kartar Singh, Advocates.

Headnote:(a) Constitution of India – Article 136 – Special leave obtained on the strength of misrepresentation – Leave granted liable to be revoked. (Para 2)

       AIR 1963 SC 1558; AIR 1983 SC 1015; AIR 1991 SC 1726; JT 1993(6) SC 331; AIR 2007 SC 1546; (2008) 2 SCC 326 – Relied upon

       (b) Constitution of India – Articles 226 and 32 – Suppression of material facts or twisted facts placed before High Court – High Court would be fully justified in refusing to entertain such petition. (Para 6, 9)

       (2007) 8 SCC 449; (2008) 12 SCC 48; (2009) 3 SCC 141 – Relied upon

       (1917)1 K.B. 486 – Referred

       (c) Constitution of India – Article 136 – Appellants misleading authorities and the courts through three generations – Conduct of the appellant and his son to misleading High Court and trying to mislead Supreme Court – Reprehensible – No justification for interfering with impugned order. (Para 21)

       Facts of the case:

       The tenure-holder – Praveen Singh did not file statement in terms of Section 9(2-A) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 in respect of his holding as on 24.1.1971. After about four years, the Prescribed Authority issued notice dated 29.11.1975 under Section 10(2) of the Act and called upon Shri Praveen Singh to show cause as to why the statement prepared under Section 10(1) of the Act may not be taken as correct and his land may not be declared surplus accordingly. A copy of the statement was sent to Shri Praveen Singh along with the notice in C.L.H. Form No. 4.

       The notice was delivered to Shri Praveen Singh on 3.12.1975, but he neither filed any objection to the proposed determination of his surplus land nor sought extension of time for the said purpose.

       On 27.12.1975, the Prescribed Authority declared that 18.22 acres of irrigated land was surplus in the hands of the tenure-holder. After six months and twelve days, Shri Praveen Singh prayed that ex parte order dated 27.12.1975 may be set aside and he may be given opportunity to file objections and tender evidence. The Prescribed Authority rejected the application on the same day i.e. 8.7.1976 by observing that no valid ground has been made out for reconsidering the matter after six months.

       The appeal preferred by Shri Praveen Singh against the order of the Prescribed Authority was dismissed by Additional Commissioner (Judicial), Allahabad (Appellate Authority) in default because no one appeared on the date of hearing.

       The legal representatives of Shri Praveen Singh jointly filed Civil Miscellaneous Writ Petition and prayed for quashing of orders dated 27.12.1975, 8.7.1976, 7.8.1990 passed by the Prescribed Authority and the Appellate Authority respectively. They also prayed for issue of a direction to the Appellate Authority to remand the case to the Prescribed Authority for entertaining their objections.

       Finding of the Court:

       By their conduct, respondents are not entitled to ant relief.

       Result:

       Appeal dismissed.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The case involves allegations of misrepresentation and suppression of material facts by the appellant, which impacted the proceedings related to land surplus determination under the relevant land ceiling laws (!) (!) .

  2. The appellant's predecessor, Shri Praveen Singh, did not file a statement as required by law within the stipulated time, and the proceedings were initiated based on revenue records presumed to be correct (!) (!) .

  3. Despite being served with notices and given multiple opportunities, Shri Praveen Singh failed to file objections or contest the surplus land declaration, which was ultimately confirmed ex parte (!) (!) (!) .

  4. The appellant and his family members made misleading statements to the courts regarding the receipt of notices and the knowledge of proceedings, which was found to be false and was a significant factor in the courts' decisions (!) (!) (!) .

  5. The courts emphasized that approaching the judiciary with untruthful or misleading information constitutes misconduct and that such conduct warrants dismissal of the case or appeal, especially when it obstructs the course of justice (!) (!) (!) .

  6. The conduct of the appellant and his family, spanning three generations, in attempting to mislead authorities and courts was deemed reprehensible and a clear attempt to pollute the stream of justice (!) (!) .

  7. The courts reaffirmed the principle that parties approaching the judiciary must come with full candor, disclosing all relevant facts, and that concealment or misrepresentation can lead to dismissal or rejection of the case (!) (!) (!) (!) (!) .

  8. The final decision dismissed the appeal, citing the misconduct and false statements made by the appellant and his family, and declined to impose exemplary costs due to the distribution of surplus land among the landless (!) (!) .

Please let me know if you need a detailed analysis or assistance with any specific aspect of this case.


Judgment :

For many centuries, Indian society cherished two basic values of life i.e., Satya (truth) and Ahimsa (non-violence). Mahavir, Gautam Buddha and Mahatma Gandhi guided the people to ingrain these values in their daily life. Truth constituted an integral part of justice delivery system which was in vogue in pre-independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, post-independence period has seen drastic changes in our value system. The materialism has over-shadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings. In last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.

2. In Hari Narain v. Badri Das AIR 1963 SC 1558, this Court adverted to the aforesaid rule and revoked the leave granted to the appellant by making the following observations:

"It is of utmost importance that in making material statements and setting forth grounds in applications for special leave made under Article 136 of the Constitution, care must be taken not to make any statements which are inaccurate, untrue and misleading. In dealing with applications for special leave, the Court naturally takes statements of fact and grounds of fact contained in the petitions at their face value and it would be unfair to betray the confidence of the Court by making statements which are untrue and misleading. Thus, if at the hearing of the appeal the Supreme Court is satisfied that the material statements made by the appellant in his application for special leave are inaccurate and misleading, and the respondent is entitled to contend that the appellant may have obtained special leave from the Supreme Court on the strength of what he characterizes as misrepresentations of facts contained in the petition for special leave, the Supreme Court may come to the conclusion that in such a case special leave granted to the appellant ought to be revoked."

2.3. In Welcome Hotel and others v. State of Andhra Pradesh and others etc. AIR 1983 SC 1015, the Court held that a party which has misled the Court in passing an order in its favour is not entitled to be heard on the merits of the case.

3.4. In G. Narayanaswamy Reddy and othersv. Governor of Karnataka and another AIR 1991 SC 1726, the Court denied relief to the appellant who had concealed the fact that the award was not made by the Land Acquisition Officer within the time specified in Section 11-A of the Land Acquisition Act because of the stay order passed by the High Court. While dismissing the special leave petition, the Court observed:

"Curiously enough, there is no reference in the Special Leave Petitions to any of the stay orders and we came to know about these orders only when the respondents appeared in response to the notice and filed their counter affidavit. In our view, the said interim orders have a direct bearing on the question raised and the non-disclosure of the same certainly amounts to suppression of material facts. On this ground alone, the Special Leave Petitions are liable to be rejected. It is well settled in law that the relief under Article 136 of the Constitution is discretionary and a petitioner who approaches this Court for such relief must come with frank and full disclosure of facts. If he fails to do so and suppresses material facts, his application is liable to be dismissed. We accordin
















































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