Thursday, May 16, 2013
SC:"Order obtained by practising fraud & suppressing material fact before a court of law to gain advantage, cannot be allowed to stand"
The Hon'ble Supreme Court of India today allowed CRIMINAL APPEAL NO. 785 OF 2013 of the appellant Mr. Moti Lal Songara, setting aside the order passed by Rajasthan High Court in Criminal Revision No.327 of 2011 and the order passed by the learned Additional District and Sessions Judge, No.1, Jodhpur, in Criminal Revision No. 7 of 2009, with a certain landmark observations against certain impugned orders obtained by the respondent accused by practicing fraud & suppressing material fact before a court of laws as such that" The High Court, as we have seen, applied the principle “when infrastructure collapses,the superstructure is bound to collapse. However, the order has been obtained by practicing fraud and suppressing material fact before a court of law to gain advantage, the said order cannot be allowed to stand.” The Hon'ble Apex Court has also taken a serious notes of the conducts and attitude with a calculative mindset of such the respondent litigants, who are playing frauds and suppressing the facts with the courts of laws and has emphatetically passed admonishing strictures that“court is not a laboratory where children come to play. Nobody can play in aid of technicalities to his own advantage and the law, in its essential substance, and justice, with its divine attributes, can unceremoniously be buried in the grave."
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