TMI Blog2003 (3) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Secretary to the Government of India was stayed. It was contended before the Court that in terms of Section 129DD(b) of the Customs Act, 1962 the petitioner was not given notice of the revision filed by the applicant against the order of the Commissioner of Customs (Appeals) and as such the impugned currency was released to the applicant/respondent No. 2 on payment of redemption fine and penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order passed in Revision Petition on or before the next date. Renotify on 10-2-2003. Dasti." 3.The present petition has been filed by the petitioner on 28th January, 2003. The petitioner has concealed the fact that the applicant has already filed the aforesaid CWP No. 8002/2002 and obtained the interim order. 4.Reply to the application has been filed by the petitioner wherein it is stated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es an engine of fraud in the hands of dishonest litigants. The Court of law are meant for imparting justice between the parties. One who comes to the Court, must come with clean hands. A person, whose case is based on falsehood, has no right to approach the Court. He can be summarily thrown out at any stage of the litigation..... A fraud is an act of deliberate deception with the design of securin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t by not disclosing the material facts. The petitioner is, therefore, guilty of suppression. 9.Suppression of material fact by itself is a sufficient ground to decline the discretionary relief. A party must approach the Court with clean hands and disclose all material facts which may in one way or the other have direct bearing on the outcome of the case. A person guilty of concealment of materia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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