Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to institute fresh suit for same cause of action - Inability to secure necessary evidence by plaintiff - Not the right ground to withdraw suit with liberty to file a fresh suit for same cause of action...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to institute fresh suit - Defendants claimed that they purchased the property from defendant No.9 - Failure on the part of defendant No.9 to disclose the details of property is not a sufficient ground to withdraw the suit...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to institute fresh suit - Formal defect - Plaintiff failed to satisfy Court that there is a formal defect or she is having other sufficient grounds - More so, plaintiff filed the suit in the year 2004 and application for withdrawal of suit sought after a period of 7 years - Provisions of..........
Criminal Procedure Code, 1973, Section 427, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23, 21, 29, 21(c) -- Concurrent running of sentences - Conviction of accused in two cases under NDPS Act - Accused convicted by two different Courts in two different trials for offences with respect to different transactions - Judgment in both the cases delivered one..........
Consumer Protection Act, 1986, Section 23 -- Mediclaim insurance policy - Duty to disclose material facts by insured - If a column is left blank in the proposal form, then insurance company to ask the insured to fill it up - If inspite of blank column, insurance company accepts the premium and issues a policy, then at a later stage Insurance Company cannot say that there..........
Consumer Protection Act, 1986, Section 23 -- Mediclaim insurance policy - Duty to disclose material facts by insured - Analysed - (i) Duty to disclose material facts at the time of making the proposal; (ii) material fact in a case depend upon health and medical condition of the proposer; (iii) Specific answers be made to specific queries; (iv) If a column is left blank, in..........
Consumer Protection Act, 1986, Section 23 -- Mediclaim insurance policy - Duty to disclose material facts by insured - Insured suffering from diabetes mellitus-II and it was disclosed in the proposal form - Insured suffered myocardial infraction - Cannot be said to be a direct offshoot of huyperlipidaemia and diabetes mellitus so as to be labelled as a pre-existing disease..........
Consumer Protection Act, 1986, Section 23 -- Mediclaim insurance policy - Duty to disclose material facts by insured - Insured suffering from diabetes mellitus-II and it was disclosed in the proposal form - Insured suffered myocardial infraction - Acute myocardial infraction can occur in a person who has no history of diabetes mellitus-II - One of the risk factors for..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Suit for permanent injunction - Lower Appellate Court has committed a grave error in not noticing evidence of either of parties, neither returning any definite finding regarding property in dispute, construction or possession of either of parties and has dismissed the same - Since disputed issues between..........
Criminal Procedure Code, 1973, Section 482, 209, 465, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1) -- Quashing of criminal proceedings - Application for - Allegations of illegal export of iron ore - Appellant challenging order of cognizance of offence under MMDR Act after lapse of 2 years without giving reason to explain inordinate delay..........
