present writ petition is liable to be dismissed for
concealment of material facts."
8.2 In para 7 of its counter-affidavit (which ... concerned, it is stated at the outset that the Petitioners have suppressed
material facts and ought not to be granted any relief. It is pointed
post made false
declaration and/or not disclosing and/or suppressing
material fact of having involved in a criminal case. If the
correct facts would ... post made false declaration and/or not
disclosing and/or suppressing material fact of having
involved in a criminal case. If the correct facts would
filed by the defendant contending, inter alia, that the plaintiff has suppressed material facts in the present suit and, therefore, not only the injunction application ... respondent in the earlier suit, the respondent had not only suppressed material facts from the Court, but, had also tried to over-reach the Court
ground that the deceased fraudulently concealed and suppressed material facts which were necessary for the insurer to know.
6. The chief issue in the case ... issue was on the defendant Corporation to prove fraudulent concealment and material suppression of facts. In support of their case the Corporation examined three doctors
whether the suppression
was intentional and / or bona fide and / or inadvertent. Once it is found that
there was suppression of material fact or wrong ... character and antecedents of the applicant and a candidate who had
suppressed material information / given false information could not claim a
right to continue
barred by limitation and laches?
(OPD)
vi. Whether the Plaintiff has suppressed material facts and the
effect thereof? (OPP)
vii. Relief.
9. Plaintiff filed ... registration marks.
13. Issue No. (vi): Whether the Plaintiff has suppressed material facts
and the effect thereof? (OPP)
13.1. Though as per the issue settled
AIR2004SC2421 , this Court
on suppression of fact held:
"As a general rule, suppression of a material fact by a litigant
disqualifies such litigant from ... discretionary jurisdiction, the suppression must be of material fact. What
would be a material fact, suppression whereof would disentitle the
Appellant to obtain a discretionary
Counsel for the respondents stated that the petitioner had
admittedly suppressed material facts and given false information
which had resulted in issuance of the impugned ... post of a Constable obtained by the applicant by suppressing
material facts at the time of his appointment, on a conspectus of
the case
made out by the Plaintiff.
18. Plaintiff is guilty of material suppression inasmuch as it has not
filed before this Court the documents pertaining ... KHILADI',
which is wholly incorrect. For the proposition that suppression of
material facts is fatal for grant of temporary injunction, reliance was
placed
fact that the respondents have suppressed material facts in the
suit has been found out by the learned Single Judge, as is apparent from
paragraph ... Sharma (supra) has specifically held that in cases
where there is material suppression and concealment of facts by the party
who has come
