Insurance Claim -- Repudiation - Suppression of material fact - There is nothing on record even to remotely suggest that the deceased was aware on the date of filling proposal form of his suffering from throat cancer, which plea is the sheet anchor of the appellants in this appeal - Once this conclusion is arrived at, find no reason to interfere with the order passed by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sending cheque to handwriting expert for his opinion in respect of age and signature - Defence plea that cheque was issued in 1997 for purpose of security and accused has misused it by filling the same much later - Dismissal of application by trial Court raising a suspicion as to whether accused himself..........
Constitution of India, 1950, Article 16, 14 -- Regularisation - Teachers appointed on contractual basis, sought regularization on the basis of their long tenure in service - Appointments made strictly for a specified period - Terms of appointment provide in unequivocal terms that the appointee would have no claim for regular appointment - Held, mere long service by itself..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - It is only a lacuna in the evidence that will empower the court to admit additional evidence - Old perception stating that no additional evidence could be accepted for filling up the lacuna has been removed by the Apex Court...........
Selection -- Appointment - Held that selection does not confer any right of appointment - The appointing authority is fully entitled to withhold the appointment for bona fide reasons - State has pleaded financial crisis for not filling up the posts of Canal Patwaris - Petitioner on their selection as such would not acquire any indefeasible right of appointment...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance police - Insurance claim - Floriculture project - Only 6 poly houses were in existence on the date of filling up of proposal form for insurance policy - Claim for insurance for 9 poly houses - Do not find any error in the conclusion of the National Commission holding that Insurance Policy clearly mentioned the..........
Insurance claim -- Suppression of material facts - Revival of policy - Cogent and reliable evidence on the part of the appellants - OPs to show that prior to filling up the fresh declaration at the time of revival of the policy the deceased was admitted in the Hospital - That fact was not disclosed by the deceased in his fresh declaration form regarding his health - It..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - No justiciable reason - Recall cannot be for filling up the lacuna - Application dismissed...........
Criminal Procedure Code, 1973, Section 164, 207, 173, Constitution of India, 1950, Article 19, 21 -- Freedom of press - Media trial - Confessional statement - Reporting thereof - Duty of media - Held, in case, even before filling a charge-sheet, if media gets an access to a confessional statement of an accused or even without getting such an access reports incorrectly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Defence of accused is that an agreement has been entered into between himself and complainant for supply of milk and by way of security accused had handed over two blank signed cheques and complainant has misused said blank cheques by filling an..........
