Insurance Act, 1938, Section 45, Evidence Act, 1872, Section 102 -- Insurance claim - False information - Onus to prove - Onus was on the insurer to show that insured had fraudulently given false information and that said information was related to a material fact...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Ex parte ad interim injunction should not be granted without establishing that the content sought to be restricted is `malicious' or `palpably false' - Injunction against publication of material should be granted only after a full-fledged trial is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Making frivolous and false allegations of dowry harassment against husband is an act of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Making frivolous and false allegations of dowry harassment against husband is an act of cruelty...........
Agreement to sell -- Specific performance - Plaintiff making false and/or incorrect statement in the plaint which are very material - Plaintiff not entitled to relief of specific performance - Earnest money of Rs.30,000 and damages of Rs.10,000/- with interest @ 6% per annum from the date of decree of trial Court till its payment granted...........
Registration Act, 1908, Section 83A -- Cancellation of registered deed - Registration Act only gives power to registering authorities to cancel a registered deed only in case of false impersonation...........
Indian Penal Code, 1860, Section 376(2), 377, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Acquaintance between prosecutrix and accused started in the year 2011 - Physical relationship commenced in 2012 and continued till 2017 - It is..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Medical negligence - Loss of vision in left eye - Compensation - Medical negligence on the part of respondent is proved on record - Respondent misrepresented to NCDRC that he had deposited an amount of Rs.2 lakhs only, which had been paid to complainant - However, complainant has not received a single penny..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. - In a case based on circumstantial evidence, non-explanation or false explanation of accused u/s 313 Cr.P.C cannot be used as an additional link to complete chain of circumstances - It can only be used to fortify conclusion of guilt already arrived at on the basis of other proven..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Recovery of various articles at the instance of accused - Specific questions were put to accused in his examination u/s 313 Cr.P.C regarding recovery of various articles at his instance and also regarding FSL report, but he failed to give explanation with regard thereto - However, High..........
