Fri. Sep 18th, 2020

Federation Of Tata … vs Uoi & Ors. on 8 July, 2015

1 min read

1. Holding that the memorandum of settlement dated January 31,
2008 was a material document; and since in the writ petition filed by the
appellant no mention thereto was made, returning a finding that there was
a suppression of a material fact and a document, the writ petition filed by
the appellant has been dismissed by the learned Single Judge vide
impugned order dated July 03, 2009.
2. It is apparent that the learned Single Judge has returned a finding
that the appellant has failed to observe Uberrimae fides. It is trite that

concerning the extraordinary writ jurisdiction of a Court, if it finds truth
being suppressed or misrepresented or a material fact suppressed, the
Court would be justified in refusing to adjudicate upon the claim on
merits.

Source: Indian Kanoon

Leave a Reply