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Tag: Perjury – Approached Court with Unclean Hands

Bhriguram De Vs State of West Bengal and others on 20 September, 2018

Posted on March 26, 2019 by ShadesOfKnife

In this order from Calcutta High Court(appellate side),

Para 15,

According to the Law Lexicon, Third Edition (2012), the Latin Maxim “Suppressio veri, suggestio falsi” defines that the suppression of the truth is equivalent to the suggestion of falsehood. The suppression or failure to disclose what one party is bound to disclose to another, may amount to fraud. Where a person is found to be guilty of suppressio veri suggestio falsi for having concealed material information from scrutiny of the Court, he is not entitled for any equitable relief under order 39 of CPC (5 of 1908). [Arbind Kumar Pal v. Hazi Md. Faizullah Khan, AIR 2007 (NOC) 1035 (Pat) : (2006) 1 BLJR 430].

From Para 25,

I have no hesitation in saying that the doors of justice would be closed for a litigant whose case is based on falsehood or suppression of material facts. Fraud and justice never dwell together. They are alien to each other. Fraud pollutes the sanctity, regularity, orderliness and solemnity of the judicial proceedings. It is the bounden duty of the Court to keep the stream of justice absolutely clean.

Finally, from Para 29,

Before finally pronouncing my decision, I must state that this court, in all fairness gave an opportunity, after hearing and going through the documents produced by the respondents, to the petitioner to withdraw the writ petition (with liberty to file afresh with better particulars). However, Mr. Saktipada Jana appearing on behalf of the petitioner, refused and pressed the writ petition unabated. One is reminded of the saying, “you can take a horse to the well, but cannot force it to drink”. In view of the same, I dismiss the writ petition in limine. I am of the view that exemplary costs should be awarded. However, on a compassionate plea made by Mr. Jana, the order as to costs is limited to Rs.5,000/- only, payable to the West Bengal State Legal Services Authority, Kolkata, within two weeks from date.

Bhriguram De Vs State of West Bengal and others on 20 September, 2018

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged Bhriguram De Vs State of West Bengal and others Catena of Landmark Judgments Referred/Cited to Fine For Contempt Of Court Legal Procedure Explained - Interpretation of Statutes Perjury - Approached Court with Unclean Hands Perjury - Costs Levied or Imprisonment For Perjury Perjury - Wilful Omission or Supression of Material Information Supressio Veri - Expression Faisi | Leave a comment

Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors 07 January, 2019

Posted on March 8, 2019 by ShadesOfKnife

A diabolical Medical college management played a cunning cat and mouse game with MCI, Government and the hon’ble Supreme Court of India to cheat and get permission to do admissions for medical courses in their college and paid the hefty price.

Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors 07 January, 2019

Citations : [2019 SCC ONLINE SC 51]

Other Sources:

https://indiankanoon.org/doc/194049971/

https://www.casemine.com/judgement/in/5c7164069eff4312dfbb5f69


Index of all Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Grant Compensation To Victims Of Fraud Medical College IPC 193 - Punishment for false evidence Perjury - Approached Court with Unclean Hands Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Reportable Judgement or Order Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors | Leave a comment

Poonam Chand Jain & Anr Vs Fazru on 28 January, 2010

Posted on December 19, 2018 by ShadesOfKnife

Basing on this Apex Court judgment here, Hon’ble Supreme Court has held that, “His Lordship held that an order of dismissal under Section 203 of the Criminal Procedure Code (for short ‘the Code’) is, however, no bar to the entertainment of a second complaint on the same facts but it can be entertained only in exceptional circumstances. This Court explained the exceptional circumstances as (a) where the previous order was passed on incomplete record (b) or on a misunderstanding of the nature of the complaint (c) or the order which was passed was manifestly absurd, unjust or foolish or (d) where new facts which could not, with reasonable diligence, have been brought on the record in the previous proceedings. This Court made it very clear that interest of justice cannot permit that after a decision has been given on a complaint upon full consideration of the case, the complainant should be given another opportunity to have the complaint enquired into again.”

Poonam Chand Jain & Anr Vs Fazru on 28 January, 2010

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Perjury - Approached Court with Unclean Hands Poonam Chand Jain and Anr Vs Fazru Reportable Judgement or Order Second Complaint is Permissible When Different Evidence Exists | Leave a comment

Amar Singh Vs Union Of India & Ors on 11 May, 2011

Posted on December 8, 2018 by ShadesOfKnife

Improperly framed affidavits are held to be not acceptable by Supreme court per CPC and relevant Supreme Court Rules.

From Para 51, 52 and 53,

Apart from the aforesaid, in the writ petition which was filed on 21st January, 2006, there is no mention of the fact that the petitioner gave a statement under section 161, Code of Criminal Procedure in connection with the investigation arising out of FIR lodged on 30th December, 2005. From the records of the case it appears the petitioner gave 161 statement on 13th January, 2006. In the writ petition there is a complete suppression of the aforesaid fact. A statement under Section 161 is certainly a material fact in a police investigation in connection with an FIR. The investigation is to find out the genuineness of those very documents on the basis of which the writ petition was moved. In that factual context, total suppression in the writ petition of the fact that the petitioner gave a 161 statement in that investigation is, in our judgment, suppression of a very material fact.

It is, therefore, clear that writ petition is frivolous and is speculative in character. This Court is of the opinion that the so called legal questions on tapping of telephone cannot be gone into on the basis of a petition which is so weak in its foundation.

Courts have, over the centuries, frowned upon litigants who, with intent to deceive and mislead the courts, initiated proceedings without full disclosure of facts. Courts held that such litigants have come with “unclean hands” and are not entitled to be heard on the merits of their case.

From Para 58,

It is one of the fundamental principles of jurisprudence that litigants must observe total clarity and candour in their pleadings and especially when it contains a prayer for injunction. A prayer for injunction, which is an equitable remedy, must be governed by principles of ‘uberrima fide’.

From Para 62,

Following these principles, this Court has no hesitation in holding that the instant writ petition is an attempt by the petitioner to mislead the Court on the basis of frivolous allegations and by suppression of material facts as pointed out and discussed above.

From Para 65,

This court wants to make one thing clear i.e. perfunctory and slipshod affidavits which are not consistent either with Order XIX Rule 3 of the CPC or with Order XI Rules 5 and 13 of the Supreme Court Rules should not be entertained by this Court.

Amar Singh Vs Union Of India & Ors on 11 May, 2011

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Amar Singh Vs Union Of India and Ors Article 21 - Protection of life and personal liberty Catena of Landmark Judgments Referred/Cited to Dalip Singh Perjury - Approached Court with Unclean Hands | Leave a comment

K.D. Sharma Vs Steel Authority Of India Ltd. and Ors. on July 09, 2008

Posted on September 19, 2018 by ShadesOfKnife

Another authority from a division bench of the Supreme Court wherein it was held that,

From Para 24 and 26,

24. The jurisdiction of the Supreme Court under Article 32 and of the High Court under Article 226 of the Constitution is extraordinary, equitable and discretionary. Prerogative writs mentioned therein are issued for doing substantial justice. It is, therefore, of utmost necessity that the petitioner approaching the Writ Court must come with clean hands, put forward all the facts before the Court without concealing or suppressing anything and seek an appropriate relief. If there is no candid disclosure of relevant and material facts or the petitioner is guilty of misleading the Court, his petition may be dismissed at the threshold without considering the merits of the claim.

26. A prerogative remedy is not a matter of course. While exercising extraordinary power a Writ Court would certainly bear in mind the conduct of the party who invokes the jurisdiction of the Court. If the applicant makes a false statement or suppresses material fact or attempts to mislead the Court, the Court may dismiss the action on that ground alone and may refuse to enter into the merits of the case by stating “We will not listen to your application because of what you have done”. The rule has been evolved in larger public interest to deter unscrupulous litigants from abusing the process of Court by deceiving it.

From Paras 28 and 29,

28. The above principles have been accepted in our legal system also. As per settled law, the party who invokes the extraordinary jurisdiction of this Court under Article 32 or of a High Court under Article 226 of the Constitution is supposed to be truthful, frank and open. He must disclose all material facts without any reservation even if they are against him. He cannot be allowed to play `hide and seek’ or to `pick and choose’ the facts he likes to disclose and to suppress (keep back) or not to disclose (conceal) other facts. The very basis of the writ jurisdiction rests in disclosure of true and complete (correct) facts. If material facts are suppressed or distorted, the very functioning of Writ Courts and exercise would become impossible. The petitioner must disclose all the facts having a bearing on the relief sought without any qualification. This is because, “the Court knows law but not facts”.

29. If the primary object as highlighted in Kensington Income Tax Commissioners is kept in mind, an applicant who does not come with candid facts and `clean breast’ cannot hold a writ of the Court with `soiled hands’. Suppression or concealment of material facts is not an advocacy. It is a jugglery, manipulation, maneuvering or misrepresentation, which has no place in equitable and prerogative jurisdiction. If the applicant does not disclose all the material facts fairly and truly but states them in a distorted manner and misleads the Court, the Court has inherent power in order to protect itself and to prevent an abuse of its process to discharge the rule nisi and refuse to proceed further with the examination of the case on merits. If the Court does not reject the petition on that ground, the Court would be failing in its duty. In fact, such an applicant requires to be dealt with for contempt of Court for abusing the process of the Court.

From final para,

the appellant has not come forward with all the facts. He has chosen to state facts in the manner suited to him by giving an impression to the Writ Court that an instrumentality of State (SAIL) has not followed doctrine of natural justice and fundamental principles of fair procedure. This is not proper. Hence, on that ground alone, the appellant cannot claim equitable relief.

K.D. Sharma Vs Steel Authority Of India Ltd. and Ors. on July 09, 2008

Citations : [2008 SUPREME 5 287], [2008 AIOL 783], [2008 SCC 12 481], [2008 JT SC 8 57]

Other Sources :

https://indiankanoon.org/doc/1007946/

https://www.casemine.com/judgement/in/5609ae87e4b01497114140b2

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to K.D. Sharma Vs Steel Authority Of India Ltd. and Ors. Landmark Case Perjury - Approached Court with Unclean Hands Perjury - Court Can Invoke Contempt Jurisdiction Reportable Judgement or Order | Leave a comment

Sciemed Overseas Inc. Vs BOC India Limited & Ors on 11 January, 2016

Posted on August 11, 2018 by ShadesOfKnife

A company by name Sciemed Overseas tried to mislead the High Court by falsely saying in their affidavit that a certain said contract work is nearing completion whereas in reality it was not so, as assessed by a court-appointed advocate, as a one-man committee.

Hon’ble High Court “took the view that Sciemed had given a false affidavit in this Court to the effect that the work was near completion. In this view of the matter, the High Court dismissed the appeal filed by Sciemed and imposed costs of Rs. 10 lakhs to be deposited with the Jharkhand State Legal Services Authority.”

After this the said company pushes it’s proprietor to state one more ‘justification’ affidavit saying what was said earlier was about just one piece of work and not ‘whole’ piece of work. The deponent after giving the above explanation, tendered an unconditional and unqualified apology to the High Court for the statement regarding the near completion of the project.

And then another twist in this companies averments came in as in fact the statement made in the affidavit filed in this Court was not a false statement but was bona fide and not a deliberate attempt to mislead this Court. It was also submitted that the allegedly false or misleading statement had no impact on the decision taken by this Court and should, therefore, be ignored.

After all these flip flops, the Hon’ble Supreme Court held as below in Para 23,

The correctness of the statement made by Sciemed was examined threadbare not only by the learned Single Judge but also by the Division Bench and it was found that a considerable amount of work had still to be completed by Sciemed and it was not as if the work was nearing completion as represented to this Court. Additionally, the Report independently given by the learned advocate appointed to make an assessment, also clearly indicated that a considerable amount of work had still to be performed by Sciemed. The Report was not ex parte but was carefully prepared after an inspection of the site and discussing the matter with Shailendra Prasad Singh the proprietor of Sciemed and an engineer of Sciemed as well as officers from the RIMS.

Sciemed Overseas Inc. Vs BOC India Limited & Ors on 11 January, 2016

Index of all Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Perjury - Approached Court with Unclean Hands Perjury - Costs Levied or Imprisonment For Perjury Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Perjury - Wilful Omission or Supression of Material Information Sciemed Overseas Inc Vs BOC India Limited and Ors | Leave a comment

P.Parameshwar Reddy Vs The State Of Telangana on 10 August, 2015

Posted on August 3, 2018 by ShadesOfKnife

Hon’ble High Court of Andhra Pradesh has held that,

The invocation of jurisdiction under extraordinary powers vested in this Court cannot be allowed to a person, who comes to the Court with unclean hands or suppressing material facts in order to gain advantage. The petitioner cannot take advantage of the lethargy or inaction on the part of the Government Officers. If the petitioner is really aggrieved, this Court will extend its helping hand in accordance with the provisions of the Constitution of India or/and the laws framed under it. But, this Court will never encourage misuse of process of this Court. This Court cannot be used for the purpose of getting interim orders to protect an unlawful need/demand of the litigants who are greedy. This is a sacred institution and it cannot be allowed to be polluted by unscrupulous litigants.

Finally,

In view of the suppression of fact of dismissal of W.P.No.25217 of 2003 on 16.11.2009, and not disclosing complete facts with regard to the case of the petitioner, this Writ Petition is dismissed with exemplary costs of Rs.5,000/- (Rupees five thousand only) payable by the petitioner to the Telangana Legal Services Authority within a period of four weeks.

P.Parameshwar Reddy Vs The State Of Telangana on 10 August, 2015

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Abuse Or Misuse of Process of Court Catena of Landmark Judgments Referred/Cited to P.Parameshwar Reddy Vs The State Of Telangana Perjury - Approached Court with Unclean Hands Perjury - Wilful Omission or Supression of Material Information | Leave a comment

Fareed Ahmed Qureshi Vs State of Maharashtra on 7 March, 2018

Posted on July 14, 2018 by ShadesOfKnife

An order for inquiry for perjury was passed by Hon’ble Bombay High Court under section 340 of Cr.P.C against offences under sections 193, 196, 199, 200 and 209 of IPC.

Fareed Ahmed Qureshi Vs State of Maharashtra on 7 March, 2018

 

This Order was set aside by Apex Court here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged CrPC 340 read with CrPC 195 Perjury - Approached Court with Unclean Hands Perjury Under 340 CrPC | Leave a comment

Abhyudya Sanstha Vs Union Of India & Ors on 12 May, 2011

Posted on June 25, 2018 by ShadesOfKnife

A batch of SLPs submitted by appellant educational institutions are dismissed by Hon’ble Supreme Court in this judgment, who were held not to have approached the Apex Court with clean hands.

Abhyudya Sanstha vs Union Of India & Ors on 12 May, 2011

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Abhyudya Sanstha Vs Union Of India and Ors Perjury - Approached Court with Unclean Hands | Leave a comment

D-Block Pandav Nagar Residents Vs Amit Yadav And Ors on 13 October, 2015

Posted on June 25, 2018 by ShadesOfKnife

A society which has earlier given NOC for Raam Leela in a park later on made a U turn and filed a Contempt of Court proceeding which was duly stuck down by Hon’ble High Court of Delhi

D-Block Pandav Nagar Residents Vs Amit Yadav And Ors on 13 October, 2015

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Delhi Judgment or Order or Notification | Tagged D-Block Pandav Nagar Residents Vs Amit Yadav And Ors Perjury - Approached Court with Unclean Hands Suppression of Material Facts | Leave a comment

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  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Network Performance Issues in Ashburn June 25, 2026
    Jun 25, 07:24 UTC Resolved - This incident has been resolved. Jun 25, 06:55 UTC Monitoring - A fix has been implemented and we are monitoring the results. Jun 25, 06:27 UTC Investigating - Cloudflare is investigating issues with Network Performance in Ashburn, VA (IAD)We are working to analyze and mitigate this problem. More updates […]
  • ARN (Stockholm) on 2026-06-25 June 25, 2026
    Jun 25, 05:00 UTC Completed - The scheduled maintenance has been completed. Jun 25, 00:00 UTC In progress - Scheduled maintenance is currently in progress. We will provide updates as necessary. Jun 19, 14:18 UTC Scheduled - We will be performing scheduled maintenance in ARN (Stockholm) datacenter on 2026-06-25 between 00:00 and 05:00 UTC.Traffic might […]
  • Issues with granular roles for Cloudflare Tunnel and Mesh June 24, 2026
    Jun 24, 17:30 UTC Resolved - This incident has been resolved. Jun 24, 15:16 UTC Investigating - Cloudflare is investigating permission issues with resource-based granular roles where a subset of users are not being granted access to their scoped Cloudflare Tunnel and Cloudflare Mesh resources.This specifically impacts users attempting to view, configure, or manage individual […]

RSS List of Spam Server IPs from Project Honeypot

  • 35.227.38.56 | S June 24, 2026
    Event: Bad Event | Total: 19 | First: 2026-06-24 | Last: 2026-06-24
  • 34.139.125.155 | SD June 24, 2026
    Event: Bad Event | Total: 11 | First: 2026-06-24 | Last: 2026-06-24
  • 77.83.39.38 | S June 24, 2026
    Event: Bad Event | Total: 237 | First: 2026-05-12 | Last: 2026-06-24
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