Medi -- claim policy - Insurance claim - Repudiation - Pre - existing disease - Non disclosure of - Report of Investigator primarily based on the Discharge Summary - Not the case of petitioner that the history as recorded in said Discharge Summary was wrongly recorded by the hospital - Non filing of the affidavit by the Investigator and / or the petitioner not having been..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 354 -- Murder - Death sentence - Pre planned cold blooded murder - Murder committed in such a manner that it did not cause any mental and physical pain to victim - Death sentence commuted to life imprisonment...........
Insurance claim -- Repudiation - Suppression of material fact - Pre - existing disease of Chronic Renal Failure - The declaration of good health given at the time of renewal of policy clearly false - Order of State Commission allowing the appeal of respondent and dismissing the complaint upheld...........
Insurance claim -- Repudiation - Suppression of material fact - The Insurance Company could establish the pre - existing disease by means of cogent hospital record - Order of the District Forum allowing the complaint rightly upset by the State Commission...........
Insurance claim -- Repudiation - Suppression of material fact - Based on some entries taken from discharge card - That complainant had pre - existing disease of High B.P - No proof adduced by the Insurance Company to prove that the complainant was having High B.P. or hypertension as alleged - Insurance company held to be guilty of deficiency in service and unfair trade..........
Negotiable Instruments Act, 1881, Section 138 -- Pre-mature complaint - Even if complaint is premature, Court should either return complaint or to direct office to register case after statutory period - In the instant case Magistrate signed on printed order sheet where it was typed as 'complainant present. Cognizance taken' - Held, cognizance is taken when Magistrate..........
Indian Penal Code, 1860, Section 34 -- Common intention - In order to bring home the charge of common intention, prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are charged with the aid of S.34, be it pre-arranged or on the spur of moment, but..........
Yeshasvini Co- operative Farmers Health Care Scheme -- operative Farmers Health Care Scheme - Health care - Reimbursement of medical expenses - Pre - authorization - Patient was admitted in an unconscious state to the Apollo Hospital - There was no time to secure pre - authorization - The complainant had produced the membership card - The complainant had also paid the..........
Indian Penal Code, 1860, Section 302, 382, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 5, 19 -- Death by gun shot injuries - Prosecution of three accused - Use of deadly fire arms - Four direct gun shot injuries which resulted in 8 injuries of the wounds having entry and exit of the gun shots - There were also multiple fractures of skull bone of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Ground of personal necessity - Property had fallen to the share of the landlord on account of family settlement by decree of the Court - Family settlement means that the property belonged to the family, which would in itself show that the respondent had a pre-existing right in the property being a..........
