Agreement to sell -- Specific performance - Clean hands - Suppression of material facts of issuing notice, reply notice and also final notice - Contention of plaintiff that original title deed not handed over to her also found to be false from her own statement - Entire pleadings as well as documents filed by both sides, clearly prove the fact that plaintiff has not come..........
Agreement to sell -- Specific performance - Clean hands - Suppression of material facts - Merely because plaintiff paid the entire sale consideration and also cleared the loan amount payable to Bank, that itself cannot be a ground to grant equitable relief to plaintiff, particularly when she suppressed the material facts from Court...........
Agreement to sell -- Specific performance - Clean hands - Suppression of material facts - Plaintiff not entitled to equitable relief of specific performance in view of inordinate delay and suppression of material facts - However, since plaintiff admittedly paid a sum of Rs.5,06,000 as per agreement and also cleared the loan amount due and payable to Bank by defendant,..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23(2) -- Ex parte order - Interim custody of child - Magistrate is empowered to pass an ex parte order in granting interim/temporary custody of any child or children to aggrieved party even basing on the affidavit filed by such aggrieved party without notice to respondent - However, Magistrate has got power..........
Service -- Appointment/termination - Suppression of information - Once verification form requires certain information to be furnished, declarant is duty bound to furnish it correctly and any suppression of material facts or submitting false information, may by itself lead to termination of his services or cancellation of candidature in an appropriate case - In case..........
Succession Act, 1925, Section 276 -- Probate - Will - Suppression of material facts - Application filed strictly in conformity with S.276 of the Act - It is not necessary for respondents to disclose in probate application material facts pertaining to indigenous identities of beneficiaries when local legislation prohibits obtaining possession of immovable properties in the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Suppression of material facts - A person who suppresses material facts is not entitled to claim maintenance u/s 125 Cr.P.C...........
Hindu Marriage Act, 1955, Section 24, Evidence Act, 1872, Section 114 -- Interim Maintenance - Suppression of material facts by husband with regard to his income and wrong statements on affidavit with regard to income of wife - Adverse inference has to be drawn against husband with regard to his income, assets and properties...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ex parte ad interim injunction - Vacation of - Infringement of trade mark - Plaintiff has been prima facie guilty of suppression and concealment of material facts - Even on merits, plaintiff does not have a prima facie case - Both plaintiff as well as defendants are operating in their own spheres - There is no likelihood of..........
Constitution of India, 1950, Article 142 -- Criminal Proceedings - Quashing of - Suppression of material facts - Restoration of trial - Respondent was fully aware about fact that charges had been framed against him by trial Judge - Yet he did not bring same to notice of revisional Court hearing revision against order taking cognizance - Held, it is a clear case of..........
