Lady Justice Is Blindfolded Only To Be Non-Partisan, Not To Be Blind To Mischief Or Fraud Played Out By Dishonest Litigants: Delhi High Court

Lady Justice Is Blindfolded Only To Be Non-Partisan, Not To Be Blind To Mischief Or Fraud Played Out By Dishonest Litigants

Case: Sh Awaneesh Chandra Jha V. Anil Prasad Nanda

Coram: Justice Anup Jairam Bhambhani

Case No.: CS(OS) 161/2022

Court Observation: “A court is a forum for laying serious, bona-fidé claims, even if they turn-out to be legally untenable or meritless upon conclusion of the process. A court is not a place for fraudulent game-playing by dishonest litigants, to attempt to get judicial imprimatur for false claims. This derives from the inexorable, immutable and overarching principle that fraud or fraudulent conduct in a court of law vitiates all curial proceedings,”

“The brazenness with which the plaintiff submitted that since he is the “MASTER” of his own suit – dominus litus, as he would argue – the court cannot stop him from withdrawing from the proceedings or abandoning his claim, set the court thinking as to the soundness of this proposition cast by the plaintiff in absolute and audacious terms,”

“Such a right would imply that a court of law is a place where a litigant may approach without much cogitation, with a purported claim, whether bona-fidé or otherwise, substantiated or not, to take a chance and play a gambit; and if found floundering or failing, a litigant could simply walk-away, as a matter of absolute right, without the court having any say whatsoever in the matter. In the opinion of this court, that is not the position,”

“This would be de rigueur where it appears that the litigating parties are, whether by consent or otherwise, seeking to destroy or negate the rights of a third party that is alien to the particular proceedings,”

“This court must disabuse the plaintiff of this flawed assumption, in the clearest possible terms. The right to withdraw a suit is not absolute; and certainly no process or procedure of law can be made a tool to perpetuate deceit in a court of law. A court is never powerless to deal with a dishonest litigant.”

Previous Posts

Cancellation Of Bail Cannot Be Limited To The Occurrence Of Supervening Circumstances: Supreme Court

No Interference U/A 227 Unless Lower Court Committed Manifest Error Or Decision Is Against Settled Principles Of Law: Kerala High Court

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235: J&K&L High Court

Writ Plea Alleging Violation Of Rights Conferred Under Industrial Settlement Maintainable U/Art 226 Only If Traceable To Common Law: Kerala High Court

Witness Saw Accused Near Deceased, Blood Stained Weapon Recovered: Gujarat High Court Accepts Circumstantial Evidence To Affirm Murder Conviction

Ad Hoc Appointments Can Be Made On Rotational Basis, Seniority Not A Criteria: Karnataka High Court

Beedi Rollers Are Workmen & Entitled To Compensation Under Workmen’s Compensation Act: Telangana High Court

Non-Filing Of Application U/S 8 Arbitration Act Before Civil Court Does Not Debar Party From Seeking Appointment Of Arbitrator: J&K&L High Court

‘Very Serious Allegations’: Kerala High Court Dismisses Plea Alleging Corruption In Judges To Secure Govt. Posts After Retirement

Can’t Refer Dispute To Arbitration Unless There Is A Clear, Unequivocal Denial Of A Right: Kerala High Court

Freedom Of Speech & Expression Extends To Reporting Judicial Proceedings: Supreme Court Rejects ECI Prayer To Stop Media Reporting Of Oral Remarks Download Judgement

Keywords

Lady Justice Is Blindfolded, Non-Partisan, Dishonest Litigants