AIROnline 2025 SC 80

Supreme Court Of India

(From : AIROnline 2018 Bom 1325)

Hon'ble Judge(s): Dipankar Datta, Sandeep Mehta , JJ

(A) Maxims -- Constitution of India , Art.133— Suggestio falsi and suppressio veri - Applicability - Before the Labour Court, State Road Transport Corporation had stated that inquiry conducted against employee was fair and he was guilty of misconduct of rashly and negligently driving the bus of Corporation for which he was rightly dismissed from service - Before MACT, corporation had stated that accident had taken place entirely due to the negligence of driver of offending lorry and no fault could have been attributed to employee - False representation made before Labour Court amounted to suggestio falsi and failure to disclose before labour Court the outcome of proceedings before MACT whereby negligence was attributed to offending lorry driver amounted to suppresio veri. (Para 25 26 31) (B) Civil P.C. (5 of 1908) , O.47 R.1, S.114— Review - Correctness of - O.47 permits the Court to look into any document which could not be produced by party despite due diligence to ascertain as to whether said document had such intrinsic worth that if the same had been produced, outcome could have been different - Pleadings filed by employer Corporation before MACT and its award were documents of immense significance, suf....