Insurance claim -- Repudiation - Suppression of material facts - The petitioner suppressed material fact in regard to his pre existing ailment not only at the time of taking the policy but also at the time of its renewal - The respondent insurance company justified in repudiating the claim of the petitioner...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation - Suppression of material fact - Diabetes - Husband of the respondent admitted in the hospital on 5.2.2005 and his disease was diagnosed to be Diabetes Mellitus - He did not have history of Diabetes Mellitus prior to 2002 when he filed the proposal form - The..........
Succession Act, 1925, Section 263 -- Probate - Judgment rendered in a probate proceeding is a judgment in rem - However, it is not determinative of the question of title - If probate is obtained by fraud or suppression of material fact it is subject matter of revocation...........
Insurance claim -- Suppression of martial fact - Repudiation - At the time of filing up of proposal form complainant knew that he was suffering from NHL (Cancer) but he had given answer 'No' to the question - Repudiation of claim held justified...........
Suppression of material facts -- Disqualifies a litigant from obtaining any relief - However, suppressed fact must be a material one in the sense that had it not been suppressed it would have had an effect on the merits of the case...........
Suppression of material facts -- A litigant is not entitled to any relief - Cost of Rs.One lakh imposed for suppressing material fact...........
Insurance claim -- Repudiation - Suppression of material facts - The deceased had some pre existing liver disease, but he concealed this fact at the time of submitting proposal form - Claim rightly repudiated by the appellant - OP...........
Evidence Act, 1872, Section 32 -- Dying declaration - Suppression and withholding of first dying declaration - By itself creates suspicion and reasonable doubt as to the correctness and truthfulness of the second dying declaration made by deceased to Magistrate...........
Evidence Act, 1872, Section 32 -- Dying declaration - Suppression and withholding of the First dying declaration - Second dying declaration shows that deceased was not in a position to speak and see - Dying declaration suspicious and does not reveal the entire truth - Conviction cannot be based on such declaration without any corroboration - Accused acquitted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suppression of material facts - Held, a party who suppresses from the Court, material facts, does not deserve the grant of any discretionary relief, much less a temporary injunction - Court will not help a party who has not come with clean hands - Injunction declined...........
