PRADEEP NANDRAJOG, MUKTA GUPTA
CE Construction Ltd. – Appellant
Versus
Intertoll ICS India (P) Ltd. – Respondent
Pradeep Nandrajog, J.
1. We preface our decision by extracting certain pertinent observations made by the Supreme Court in the decision reported as 2010 (2) SCC 114 Dalip Singh Vs. State of U.P. & Ors.:
“1. For many centuries, Indian society cherished two basic values of life i.e., 'Satya' (truth) and 'Ahimsa' (nonviolence). 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
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V.B.Rangaraj vs.V.B.Gopalakrishnan – AIR 1992 SC 1453; 1992 1 SCC 160
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Hamza Haji vs.State of Kerala –AIR 2006 SC 3028
S.P.Chengalvaraya Naidu Vs. Jagannath – AIR 1994 SC 853; 1994 1 SCC 1
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