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Results of repudiation

Showing : 1-10 of 692 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Consumer Protection Act, 1986, Section 12 -- Insurance claim - Delay in intimation and lodging of claim - If insurer has not taken delay in intimation as a specific ground in letter of repudiation, said ground cannot be taken as defence at the stage of hearing of consumer complaint before NCRDC...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 123 -- Gift deed - When document of transfer by gift records delivery of possession, a presumption of acceptance would arise, in the absence of overt repudiation of gift, by and/or on behalf of donee, is unexceptionable...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Consumer Protection Act, 1986, Section 23 -- Loss due to fire - Insurance claim - Three surveyors - First surveyor accepted the claim of Rs.54.93 lakhs - Second surveyor accepted the claim of Rs.24.76 lakhs - Third surveyor total repudiated claim - No valid reasons nor any proof that report of first surveyor is arbitrary and excessive - No cogent reasons to appoint..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation - Non-disclosure of previous insurance policy by proposer/assured - Failure of insured to disclose the policy of insurance obtained earlier in proposal form entitled the insurer to repudiate the claim under policy - Repudiation was within a period of two years from commencement of insurance cover as per S.45..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Consumer Protection Act, 1986, Section 23 -- Insurance claim - Mediclaim policy - Repudiation - Documentary evidence regarding non disclosure of rheumatic heart disease since childhood - Repudiation of policy was in terms of exclusions contained in the policy - Failure of insured to disclose past history of cardiovascular disease is a good ground for repudiation...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Insurance claim -- Breach of insurance policy - Delay in intimation of loss to insurance company - Appointment of surveyor - Whether amounts to waiver of condition relating to delay by insurer - Appointment of surveyor per se does not estop insurer from raising a plea of violation of condition warranting repudiation of claim - Insurer, held, not waived condition relating..........

KERALA HIGH COURT

Year of decision: 2018
Details

Limitation Act, 1963, Article 54 -- Limitation - Specific performance - Agreement executed in 1974 - However, specific performance of agreement sought in 1985 - Relief sought beyond period of 3 years from date of notice of repudiation, held, barred by limitation...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Ready and willing - Unequivocal repudiation of agreement - Suit filed one year and eleven months thereafter - No prudent person would stay quiet for such a period if he is really interested in going ahead with the sale transaction - The only inference which can be drawn is that plaintiff was not ready and willing throughout to..........

DELHI HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Not a withdrawal from place, but from a state of things - It is the repudiation by one of all obligations of marriage...........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Insurance -- Repudiation of claim - Duration clause - Insurer appointed a surveyor on receipt of belated claim - Letter of repudiation does not whisper a single word with regard to delay or in fact does not refer at all to duration clause - It is only stated in the letter of repudiation that claim lodged by complainant does not fall under the purview of transit loss -..........

Showing : 1-10 of 692 Results