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RAJESH BINDAL, J. J. MUNIR
Om Prakash Srivastava – Appellant
Versus
State of U. P. – Respondent
ORDER :
1. Order dated June 23, 2020 passed by learned Single Judge has been impugned by filing the present intra-court appeal.
2. Sole argument raised by learned counsel for the appellant is that the writ petition was filed by the respondents concealing material facts regarding number of cases filed by respondent no. 5-the writ petitioner claiming the same relief which had travelled upto the Hon'ble Supreme Court. Some of the writ petitions filed subsequently were dismissed by this Court, the details thereof furnished by learned counsel for the appellant are as under:-
II. Special Appeal No. 864 of 2010
III. Special Appeal No. 1956 of 2011
IV. Special Appeal No. 1911 of 2011
V. Civil Misc. Writ Petition No. 42424 of 2014
VI. Original Suit No. 26 of 2015.
VII. Civil Misc. Writ Petition No. 47483 of 2014
VIII Special Leave to Appeal 3589 of 2018
IX. Writ-C No. 31196 of 2019
X. Special Appeal (Defective) No. 1175 of 2020"
3. Learned counsel for the respondent no. 5 tried to explain the facts stated in the writ petition. However, the only detail furnished therein is regarding civil suit filed by present appellant in the year 2008. Only copy of the o
A litigant who approaches the court with unclean hands, by concealing material facts, is not entitled to any relief.
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. Suppression of material fact....
Point of Law : Making a false statement on oath is an offence punishable under Section 181 of the IPC while furnishing false information with intent to cause public servant to use his lawful power to....
Point of Law : Appellants do no deserve any relief from this Court, as they are not only guilty of concealment of material facts from Court but had also indulged in forum shopping. They made efforts ....
The main legal point established in the judgment is the importance of approaching the court with clean hands and the consequences of suppression of material facts.
Suppression of material facts disentitles a party to invoke equitable jurisdiction under Article 226 of the Constitution of India.
A litigant must disclose all material facts truthfully; failure to do so results in dismissal of the claim for abusing the court's process.
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