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Ramjas Foundation and Ors vs Union of India and Ors on 9 Nov 2010

Posted on January 17 by ShadesOfKnife

A division bench of Apex Court held as follows,

From Para 14,

14. The principle that a person who does not come to the Court with clean hands is not entitled to be heard on the merits of his grievance and, in any case, such person is not entitled to any relief is applicable not only to the petitions filed under Articles 32, 226 and 136 of the Constitution but also to the cases instituted in others courts and judicial forums. The object underlying the principle is that every Court is not only entitled but is duty bound to protect itself from unscrupulous litigants who do not have any respect for truth and who try to pollute the stream of justice by resorting to falsehood or by making misstatement or by suppressing facts which have bearing on adjudication of the issue(s) arising in the case. In Dalglish v. Jarvie 2 Mac. & G. 231, 238, Lord Langdale and Rolfe B. observed: “It is the duty of a party asking for an injunction to bring under the notice of the Court all facts material to the determination of his right to that injunction; and it is no excuse for him to say that he was not aware of the importance of any fact which he has omitted to bring forward. In Castelli v. Cook (1849) 7 Hare, 89, 94 Wigram V.C. stated the rule in the following words: “A plaintiff applying ex parte comes under a contract with the Court that he will state the whole case fully and fairly to the Court. If he fails to do that, and the Court finds, when other party applies to dissolve the injunction, that any material fact has been suppressed or not property brought forward, the plaintiff is told the Court will not decide on the merits, and that, as he has broken faith with the Court, the injunction must go.”

Ramjas Foundation and Ors vs Union of India and Ors on 9 Nov 2010

Citations : [2010 SCC 14 38], [2011 AIR SC 147], [2011 KCCR SC SN 1 8], [2011 LW 1 416], [2011 SCJ 2 391], [2011 MLJ 2 162], [2010 AIR SC 7091], [2010 CLT 4 351], [2010 SLT 8 156], [2010 DLT 174 100], [2010 AIOL 763], [2010 JT 12 134], [2010 SCALE 11 598], [2010 SUPREME 7 585], [2011 SCC CIV 4 889], [2010 AIR SCW 7091], [2011 RCR CIVIL SC 1 176], [2012 CUT LT 113 632]

Other Sources :

https://indiankanoon.org/doc/265836/

https://www.casemine.com/judgement/in/5609aee8e4b0149711415189

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