from their
own fault. The Court held that the plaintiffs' plaint suppressed the forum
selection clause relating to the law governing the contract ... order against the defendants' vessel. It
has been observed that the suppression of fact regarding forum selection
was of serious nature and that would
both in filing the writ petition as also
the Special Leave Petition.
Suppression of material fact is viewed seriously by the Superior
Courts exercising their ... State of Bihar and Ors. [(2004)7SCC166], this court
on suppression of fact held :
"As a general rule, suppression of a material fact
with the same,
it is clear that the petitioner is guilty of suppressing material
facts, as the factum of dismissal of his application under Order ... Writ Petition No.23897/2018 was also obtained by the petitioner
by suppressing the material fact. Further, one Smt. Rajshri
Ahirvar, who claims herself
case. The petitioner is guilty of
suppressing material facts and, therefore, is not entitled for the discretionary relief.
8. In G.M. Haryana Roadways ... Court. The petition was dismissed by observing as under:-
"12. ...Suppression of material fact is viewed seriously by the
Superior Courts exercising their discretionary
held as
under :
"13. As a general rule, suppression of a material
fact by a litigant disqualifies such litigant from
obtaining any relief. This ... litigant from abusing
the process of court by deceiving it. But the
suppressed fact must be a material one in the sense
that
suffice to mention that this case is a glaring example of
suppression of material facts, misleading the Court and misuse
of lawful authority ... firmness.
The present case has an exchequered history, which has
been suppressed by the petitioner. It appears that the
petitioner had earlier filed a civil
counsel for the defendant further
contended that the plaintiff is guilty of
suppression of material facts inasmuch as it has
not disclosed before this Court ... Appeal No.2 of 2010, it was contended that
there is suppression of material fact, which
disentitles the plaintiff for any relief and
therefore
Under Armour, Inc vs Aditya Birla Fashion & Retail Ltd. on 20 April, 2023
Author
threshold without
considering merits of the claim not only for suppression of material facts,
but for misleading the Court and/or for simultaneously pursuing parallel ... Delhi and, it
seems, even their counsel on record by deliberately suppressing the true
and relevant facts and made false statements on affidavits filed before
issuing
summons against the petitioners. Thus, the said complaint is full of
suppression of facts and deserves to be dismissed and any order
consequent ... wherein it is observed as under:
"13. Suppression of material fact is viewed seriously by the
Superior Courts exercising their discretionary jurisdiction