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may 1963

Supreme Court of India · 1963-05-01

RAJABHAI ABDUL REHMAN MUNSHI vs VASUDEV DHANJlBHAI MODY

Citation / case number
SC 1962/171
Court
Supreme Court of India
Petitioner
RAJABHAI ABDUL REHMAN MUNSHI
Respondent
VASUDEV DHANJlBHAI MODY
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the special leave to appeal granted under Article 136 of the Constitution must be vacated due to the appellant's failure to disclose material facts, specifically the withdrawal of Rs. 400 deposited in court. The Court emphasized that the exercise of jurisdiction under Article 136 is discretionary and requires parties to approach the court with clean hands, free from attempts to mislead. The Court found that the case did not warrant interference as the appellant was in default of rent after withdrawing the deposit, thus affirming the lower court's decision.

RAJABHAI ABDUL REHMAN MUNSHI vs VASUDEV DHANJlBHAI MODY · Niyam