Motor Insurance Policy Covers Cross-Border Travel If Specifically Authorized By Valid Permit Under MVA: Supreme Court Petrol Pumps Act As 'Commission Agents' For Mahanagar Gas, Liable To Pay Service Tax Under Business Auxiliary Service: Supreme Court Supreme Court Refuses To Dilute 'Bangalore Water Supply' Ratio, Affirms Worker Protection Remains The Core Of Industrial Disputes Act Order XXII Rule 9(3) CPC | Application Under Section 5 Limitation Act Must Be Filed Separately To Condonate Delay In Setting Aside Abatement: Supreme Court Principle Of Parity | Supreme Court Extends Benefit Of Fixed-Term Sentence To Co-Accused Based On Remission Period Right To Catch Fish Amounts To 'Profit à Prendre' And Is Compulsorily Registrable As A Lease Under Section 17(1)(d) Registration Act: Supreme Court Supreme Court Mandates Adoption Of Guidelines To Inculcate Sensitivity And Compassion In Judicial Processes For Sexual Offences 'Last Seen' Circumstance Is Weak Without Corroboration: Supreme Court Acquits Murder Accused PSEB | Pre-Regularization Service Must Be Counted As Qualifying Service For Pensionary Benefits: Supreme Court Writ Of Quo Warranto Cannot Be Used For Redress Of Personal Grievances By Unsuccessful Candidates In Selection Process: Supreme Court 'Case Of No Investigation': Supreme Court Acquits Murder Accused Citing 'Shoddy' Police Work And Lack Of Forensic Evidence 'Status Quo Cannot Be Vacated Without Appropriate Security': Supreme Court Directs Additional ₹200 Crores Deposit In RAKIA-Matrix Case SARFAESI Act | 'Bank' As Assignee Can Invoke Recovery Measures Even If Debt Was Originally Created By Non-Notified Financial Institution: Supreme Court 'CBI Failed Miserably': Supreme Court Tears Into 'Fabricated' Case, Acquits Bank Manager In 35-Year-Old Corruption Trial Mere Delay In Tax Deposit Cannot Be Equated With Non-Payment: Supreme Court Quashes Penalty On Saudi Arabian Airlines Revisional Power Under Section 56 Karnataka Land Revenue Act Cannot Be Invoked Beyond Three-Year Limitation Period: Supreme Court Prosecution Can’t Use Known Locations To Create 'Discovery' Fiction: Supreme Court Rejects Site Plan As Evidence Irretrievable Breakdown Of Marriage And Long-Term Separation Constitute Valid Grounds For Divorce Under Section 13(1)(ib) HMA: Supreme Court 'Proof Beyond Reasonable Doubt Is A Guideline And Not A Fetish': Supreme Court Acquits Man In 2007 Murder Case Over Fragile Circumstantial Evidence Plea Of Juvenility Is A Jurisdictional Fact; High Court Must Recall Final Judgments Under Section 482 CrPC To Remedy Miscarriage Of Justice: Supreme Court SEBI | Professional Clearing Members Have No Statutory Obligation To Verify Credit/Debit Positions Of Individual Clients Of Trading Members: Supreme Court

Punjab and Haryana High Court Rejects Revision Petition Due to Concealment of Vital Facts, Imposes Exemplary Costs of Rs. 1 Lakh

04 September 2024 11:03 AM

By: Admin


In a significant legal development, the Punjab and Haryana High Court, in a judgement delivered on August 10, 2023, dismissed a revision petition challenging an eviction order. The petitioner's attempt to mislead the court by concealing vital facts played a pivotal role in the court's decision.

Justice Vikram Aggarwal, while pronouncing the judgement, highlighted the importance of full disclosure in legal proceedings. The court observed, "Litigants approaching the court must adhere to the principle of clean hands. Attempts to mislead and deceive the court by withholding vital information are not only frowned upon but are also against the very essence of justice."

The case centered around an eviction petition filed by the respondent-decree holder against the petitioner-judgment debtor, seeking possession of a shop. The court took note of the fact that the petitioner had filed a Special Leave Petition (SLP) before the Supreme Court, which was later withdrawn. However, the petitioner failed to disclose this crucial aspect before both the executing court and the High Court during the revision proceedings.

Justice Aggarwal emphasized that the petitioner's concealment of facts amounted to an attempt to deceive the court and mislead the legal process. The court cited legal precedents, underscoring that litigants approaching the court must do so with the utmost transparency. The court's decision highlighted that those who initiate proceedings without full disclosure of facts and attempt to gain an advantage by withholding crucial information are not entitled to relief.

The judgement reiterated the well-established principle that courts expect litigants to approach them with clean hands. The court expressed that such principles are fundamental to maintaining the integrity of the judicial process and ensuring that justice is served in a fair and transparent manner.

In light of the petitioner's conduct, the court not only dismissed the revision petition but also imposed exemplary costs of Rs. 1,00,000/- on the petitioner. This cost is to be deposited with the High Court Legal Services Committee within a specified timeframe. The court also directed that, in case of non-compliance, the costs would be recovered as arrears of land revenue.

Date of Decision: 10.08.2023

Sukhdev Singh vs Mulkh Raj 

Latest Legal News