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Babul Products Private Ltd. vs Zen Products on 7 July, 2005

"10. The suppression of material fact by itself is a sufficient ground to decline the discretionary relief of injunction. A party seeking discretionary relief has to approach the Court with clean hands and is required to disclose all material facts which may, one way or the other, affect the decision. A person deliberately concealing material facts from Court is not entitled to any discretionary relief. The Court can refuse to hear such person on merits. A person seeking relief of injunction is required to make honest disclosure of all relevant statements of facts otherwise it would amount to an abuse of the process of the Court. Reference may be made to decision in The King v. The General Commissioner for the purposes of the Income Tax Acts for the District of Kensington, 1917 (1) King's Bench Division 486 where the Court refused a writ of prohibition without going into the merits because of suppression of material facts by the applicant. The legal position in our country is also no different.
Gujarat High Court Cites 78 - Cited by 0 - K Jhaveri - Full Document
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