Supreme Court of India

M/s. S.J.S. Business Enterprises (p) Ltd. v. State of Bihar and Ors.

Neutral citation

Bench Mrs. Ruma Pal and P. Venkatarama Reddi JJ.

Decided 17 March 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the sale effected in favour of respondent No. 6 cannot be sustained.

Judgment, page 9

From the headnote

Constitution of India, 1950: Article 226-Writ petition-Suppression of material facts-Effect on maintainability of-Petitioner filed a civil suit for certain reliefs-Thereafter, petitioner filed a writ petition seeking same reliefs without disclosing the fact of filing of the civil suit-High Court dismissed the writ petition on the ground of suppression of material facts-Correctness of-Held: As a general rule, suppression of a material fact disqualified a litigant from obtaining any relief-But the suppressed fact must be a material one which, had it not been suppressed, would have had an effect on the merits of the case-Filing of a suit was not such a material fact, the suppression of which would have affected the final disposal of the writ petition on merits-Hence, High Court's order set aside.

Authorities it was built on

1995 The Chairman and Managing Director, Sipcot, A Madras - 8 and Ors. v. Contromix Pvt. Ltd. by its Director (finance) Seetharaman, Madras and Anr cited by 9

Where later benches applied it

2024 Government of Nct of Delhi & Anr. v. M/s Bsk Realtors Llp & Anr. relied on
2025 Vishu Vardhan @ Vishnu Pradhan v. The State of Uttar Pradesh & Ors. referred to
2025 The Auroville Foundation v. Natasha Storey referred to
2012 Saroj Screens Pvt. Ltd. v. Ghanshyam and Others referred to

Of those, 1 relied on · 3 referred to

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