...and to prove the same in order to succeed in the suit. Suppression of material fact through a cleverly drafted plaint, cannot be entertained by this Court and i...first hearing, by examining the parties under Order 10 of the Code. No doubt, if there is any deliberate and mala fide suppression of material fact, Court should be pro-active and prevent...process, but at the same time, if there is any material to show that there is a cause of action or there are facts traversed by the other side, Court cannot throw away the case at the threshold...

...which is posed for consideration of this Court is whether in the facts and circumstances of the case and despite the fact that there was suppression of the material fact by the respondent - original...the subordinate cadre. Therefore, on the aforesaid ground alone, the High Court ought not to have allowed the writ petition when it was a clear case of suppression of material fact by the original writ...service. A candidate having suppressed the material information and/or giving false information cannot claim right to continuance in service. Thus, on the ground of suppression of material information and...

...cannot be said to be unwarranted. The Court thus further opined that suppression of material information necessary for verification of character/antecedents will have a clear bearing on character and...Court has taken the view that non-disclosure of the aforesaid case was not a material suppression on the basis of which employment could have been denied and the person adjudged unsuitable for being.... This Court has observed that suppression of material information or making a false statement has a clear bearing on the character and antecedents in relation to his continuance in service. It was also...

...the court to refuse to exercise its discretionary jurisdiction suppression must be of material fact. What would be a material fact, suppression whereof would disentitle the appellant to o...case, however, suppression of filing of the suit is no longer a material fact. The learned Single Judge and the Division Bench of the High Court may be correct that, in a case of this nature, the Court's...whether the same was material for grant or denial of the relief. If the fact suppressed is not material for determination of the lis between the parties, the court may not refuse to exercise its...

...material fact viz. the filing of the suit prior to approaching the Court under Article 226.13. As a general rule, suppression of a material fact by a litigant disqualif...was maintaining a house in the country was held to be a material fact, the suppression of which disentitled her to the relief claimed. Again when in earlier proceedings before this Court, the.... The Division Bench held that the Court would not interfere with the Single Judge's order because of the material suppression of facts by the appellant.10. When the special...

...D.A Desai, J.— Petitioner is shown to be guilty of suppression of a material fact which would weigh with any employer in giving him employment and therefore, the case of the...veri and suggestio falsi inasmuch as he suppressed the material fact that he was removed from service on the ground of proved misconduct and that he made a false suggestion that he had voluntarily left...and for which the employer may take appropriate action. This observation cannot be viewed divorced from the facts of the case. What stared in the face of the Court in that case was that the employer had...

..., was guilty of fraudulent misrepresentations and suppression of material facts with regard to his health. The trial court accepted the defence and dismissed the suit. On appeal by the plaintiff, the...had given any false answer in his statements or suppressed any material fact which he was under a duty to disclose. The finding of the trial court that the assured had committed fraud on the defendant...Sri V.V Narasimhan (DW 11) who according to the defence collected sufficient material to establish fraudulent misrepresentation and suppression of material facts by the insured at the time of taking out...

...is required to be dismissed on additional ground of suppression of material fact from this Court.7. In view of the aforesaid discussion, the petition is dismissed. Rule is discharged...of alleged termination of his services. The learned Judge has given reason that as there is no explanation coming forward for the said delay, the Reference cannot be entertained by the learned Judge...matter is taken up for final hearing.2. Heard learned Advocate Mr. P.P Majmudar for the petitioner.3. Learned Advocate for the petitioner invited attention of the Court to the...

....22. In this case, however, suppression of filing of the suit is no longer a material fact. The learned Single Judge and the Division Bench of the High Court may ...suppression must be of material fact. What would be a material fact, suppression whereof would disentitle the appellant to obtain a discretionary relief, would depend upon the facts and circumstan.... If the fact suppressed is not material for determination of the lis between the parties, the court may not refuse to exercise its discretionary jurisdiction. It is also trite that a person invoking the...

...of the said suits was not a material fact requiring disclosure and that being so there is no suppression of material fact from this Hon'ble Court. Counsel contends that it is one thing to say that...said two earlier suits was not a material fact is misconceived. Briefly, the case set up in the plaint of the present suit as also in the plaint filed in Bikaner court is same, namely, defendant No. 2...without going into the merits the application deserves rejection in view of suppression of material facts about the filing of the earlier two suits.10.The suppression of material fact by...

...submitted to the Superintendent of Central Excise on 17-5-1990 clearly mentioned the fact of post-forming process on the rubber, the finding on “suppression of facts” of CEGAT cannot be approved by us...(2003) 11 SCC 390 this Court held that mere classification under a different sub-heading by the manufacturer cannot be said to be wilful...misstatement or “suppression of facts”. This view was also reiterated by this Court in CCE v. L.M.P Precision Engg. Co. Ltd...

...material fact.52. It is, therefore, clear that the writ petition is frivolous and is speculative in character. This Court is of the opinion that the so-called legal...fails to do that, and the Court finds, when the other party applies to dissolve the injunction, that any material fact has been suppressed or not properly brought forward, the plaintiff is told that the..., 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...

...shares” cannot by itself be considered to be a failure or omission to disclose any material fact within the meaning of Section 34. Indeed, an assessee whose contention is that the shares were sold to...is set to discover the hidden truth for himself. In the latter case, there is suppression of material fact, or, in other words, that lack of full and true disclosure which would entitle action under...suppression of a material fact necessary for the assessment. The Explanation is quite obviously meant to reach an identical situation. The appellant Company might have placed the evidence before the Income...

...jurisdiction should not interfere with the impugned orders.15. Commission of fraud on court and suppression of material facts are the core issues involved in these matters...learned Senior Counsel appearing on behalf of the appellant, inter alia would submit that the respondents, having obtained a decree by practising fraud on the court, cannot be allowed to take the benefit...granted, the property could be put on auction and even if there were certain mistakes on the part of the court, the appellant cannot suffer therefor. The judgment and order dated 27-8-1988 setting aside...

...therefrom. Limitation is a mixed question of law and fact. Time-barred claim would not even be entertained by a civil court without there being any opportunity of filing a pleading by the respondents or...passing of the award in 1976 but attempted to change the public purpose even thereafter in 1980 and 1993. It can be seen from the discussion of the material placed before the Court by the petitioners...contended that there are mala fides involved and mala fides ought not to be restricted to be challenged under the garb of limitation.9. The High Court has in fact proceeded on the...

...neither disclosed in her plaint nor in her examination-in-chief a contention was raised before the trial court that omission to state that fact amounted to suppression of a material fact and on th...writ petition in the High Court of Bombay challenging the judgment and order passed by the appellate bench. The High Court held that suppression of the material fact that the appellant's husband is a...said omission amounted to suppression of a material fact. After considering the stand taken by Eknath and the findings recorded in the proceedings for eviction filed by the landlady of the ‘Olympus...

...the earlier decisions held that suppression of a material document could also amount to a fraud on the Court. It also quoted the observations of Lord Denning in Lazarus Estates Ltd. v...fraud. The fact that the High Court on the earlier occasion declined to interfere either on the ground of delay in approaching it or on the ground that a second review was not maintainable, cannot.... The fact remains that the Forest Tribunal dismissed the review petition.5. On 30-3-1989 the appellant approached the High Court with OP No. 2926 of 1989 invoking Article...

...of action, which fact was not stated in the present writ application, this Court must hold that this writ application should be thrown out on the ground of suppression of material facts. This...writ petition should be rejected on the ground of suppression of material facts. According to the learned counsel for the respondents, since the writ petitioners had moved two writ petitions before...not be rejected on the ground of suppression of material facts.5. After hearing the learned counsel for the parties and after going through the materials, on record, we are of the view...

...the said Court has been recorded in the beginning of the order itself and, therefore, question of suppression thereof does not arise. This fact was known to this Court when the SLP was entertained and...act more responsibly than an individual person, had not come to the Court with clean hands and tried to prejudice this Court by suppressing the aforesaid fact while taking such a plea. Reference was...not entertained.10. No doubt, there may be some substance in the aforesaid plea of Mr Dave having regard to the fact that the Principal Additional Advocate General had...