Suppression Of Facts Requires Severe Measures: Supreme Court Drops SLP At Rs. 25k Expense

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Updated: 03-04-2024

What is Suppression of Facts in the Court ?

Suppression of any fact, material or not, could be considered to be an abuse of the legal process.
As decided in the case of Arunima Baruah VS Union of India, Supreme Court observed that the court may refuse the exercise of its discretionary jurisdiction in case the petitioner has approached the court with "dirty hands" by suppressing material facts.

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Suppression of Facts as per the CPC ?

Suppression of a material fact by a litigant would disqualify such litigant from obtaining any relief. This rule has evolved over time so as to deter a litigant from abusing the process of Court by deceiving it.
It is important that suppression of fact must be a material one in a sense if such fact was not suppressed it would affect the merits of the case.
Suppression or concealment of material facts is not permissible to either the litigant or even as a technique of advocacy. In such a situation, the Court shall be duty bound to discharge rule nisi and the said applicant would have to be dealt with for contempt of court for abusing the process of Court.

What is the success rate of SLP in the Supreme Court ?

A Special Leave Petition (SLP) in India could be filed at the Supreme Court within a period of 90 days from the date of judgement by the High Court or within a period of 60 days against the order of refusal by the High Court.
As for the acceptance of SLP, the Supreme Court admits less than 15% of the filed cases after the admissions stage to regular stage of hearings.

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What happens after a SLP is granted ?

After a Special Leave Petition is allowed at the Supreme Court, the aggrieved party is is provided with a special permission to be heard in the Apex Court in an appeal against any judgement or order by any Court or Tribunal in the territory of India, except for the Military Tribunals and Court Martial proceedings.

Sharks of Law adopts a meticulous and strategic approach to SLP filings at the Supreme Court, as well as other appeals in the High Courts and Supreme Court for matters related to criminal law, civil law or family law, ensuring a comprehensive preparation and compelling arguments tailored to maximise success. Thus, if you wish to seek legal counsel for any legal issue, you may contact us.

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