The Hindu : New Delhi News : Court slaps Rs.1 lakh costs on Haryana

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Tuesday, Mar 11, 2008
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Court slaps Rs.1 lakh costs on Haryana

Legal Correspondent

New Delhi: Taking a serious view of suppression of a “material fact” by the Haryana government while filing an appeal, the Supreme Court has imposed exemplary costs of Rs.1 lakh on the State to be paid to the National Legal Services Authority. Though Haryana Roadways implemented the Punjab and Haryana High Court’s order confirming Labour court’s award to reinstate a sacked casual worker, it filed an appeal suppressing this fact.

A Bench of Justices S.B. Sinha and V.S. Sirpurkar said: “Suppression of material fact is viewed seriously by the Superior Courts exercising their discretionary jurisdiction. As a general rule, suppression of a material fact by a litigant disqualifies such litigant from obtaining any relief. This rule has been evolved out of the need of the Courts to deter a litigant from abusing the process of Court by deceiving it. But the suppressed fact must be a material one in the sense that had it not bean suppressed it would have had an effect on the merits of the case.” Writing the judgment, Justice Sinha said: “Had the facts been brought to the notice of this Court, the Special Leave Petition might have been dismissed summarily. Even delay in filing the same might not have been condoned. The Court was not required to waste so much of time when the State itself had, for all intent and purport, accepted the award.”

The Bench said: “Furthermore, the State was guilty of serious delay and latches. We, therefore, are of the opinion that for suppression of fact of such a nature and that too at the instance of the State must be viewed seriously. We hope and trust that in future the State shall take necessary measures in pursuing its matter before the Superior Court keeping in view the conduct expected of a State. We direct that not only this special leave petition should be dismissed but exemplary costs should also be awarded in the matter. The cost is quantified at Rs.1,00,000 to be deposited with the Member-Secretary, NLSA within four weeks.”

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