Hidden information

varun (Querist) 22 August 2014 This query is : Resolved
Sir,

I do not know which category my query comes. My query is if a person wantonly hides an information to the Court, how it would be treated? For example, a person fighting for a property in a court is fighting for the same subject matter in another court i.e. in one court he is the petitioner and in another court he is the defendant. If he hides this fact to both the courts, how it is taken by the Court of Law?

Can anyone explain this?

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Devajyoti Barman (Expert) 22 August 2014
Concealment of all facts re not damaging like this one unless the subject matter in both these case intrinsically same.

It is the false statement which is offence not concealment of fact.

varun (Querist) 22 August 2014
Sir,

Subject matter is one and the same. In one court the person applies to get title. In another court he has to pull down his competitor who has valid document. The competitor is not a party to the first court.
The person who is fighting in two courts, if he does not say that for the same property he is fighting in another court, is it an offence?

Anirudh (Expert) 22 August 2014
If the competitor comes to know the facts relating to the other case, he can bring it to the knowledge of the court.

Further more, fighting different persons in different court may not qualify as hiding.

If anyone feels that one is hiding some facts, the same can be brought to the notice of the court and seek appropriate remedy.

There is nothing great in this.

varun (Querist) 22 August 2014
Sir,

In the first court, five years before fighting in the 2nd court, the person submits in writing "I have not filed before any other authority for this claim." This case is still pending. The person says "the property is in my possession".

Even after entering the second court, the person has not revealed this fact to the 1st court. Moreover, in the second court in the cross examination, the person says "it is correct to state that I am not in possession and have no patta."

Are the above "false" or "concealment"?

Anirudh (Expert) 22 August 2014
Dear Mr. Varun,

What you are saying is simply 'absurd'.

The person has no obligation to update the first court about the second case which he has filed after 5 years.

The fact remains that when he filed the first case, he had not filed any other case before any authority or court. THAT STATEMENT ON THE DATE WHEN HE FILED THE FIRST CASE IS NOT INCORRECT. Only if he had filed any case on the issue and that was pending at the time of filing the case, not furnishing the information would have been 'incorrect' and 'false' and he would be taken to task. BUT CERTAINLY NOT IN THIS CASE.

I think, since you do not seem to have anything to say on merit in the case, you are looking for such flimsy issues. Please remember these will not come to you as a good defence.

V R SHROFF (Expert) 22 August 2014
BRING TO the notice of the court and seek appropriate ORDER. Let your Advocate file MA.

ajay sethi (Expert) 22 August 2014
agree with MR anirudh

Rajendra K Goyal (Expert) 22 August 2014
Well advised, agree to expert Anirudh.

Kumar Doab (Expert) 22 August 2014
The question arises what benefit you shall derive from 2nd or 1st court case.

If there seems to be any bring it into the notice of your lawyer and let your lawyer advice you on the merits and then let your lawyer bring it into the notice of the court.