Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Deceased was last seen alive in the company of appellant - Motive behind death of deceased was business rivalry - Appellant absconded immediately after deceased disappeared - Plea of alibi taken by appellant found false - Chain in the link evidence found complete - Conviction upheld...........
Love marriage/Rebellion marriage/Run away marriage -- Protection of life and liberty of couples - Directions issued - (i) Whenever any intimation is received by the SSP/SP of concerned District regarding the marriage of a young couple with a threat and an apprehension of infringement of the right of life and liberty by the police at the instance of the family members of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty - False allegations in written statement - Duly reiterated by her in her statement while deposing as her own witness - Said allegations cannot be said to be false...........
Insurance Act, 1938, Section 45 -- Insurance policy - Suppression of material facts or facts fraudulently made or policy holder knew at the time of making it that the statement was false - Repudiation of policy - Insurance Company can repudiate policy within a period of two years and on the expiry thereof the policy cannot be called in question...........
Insurance Act, 1938, Section 45 -- Insurance policy - Repudiation of policy - There are three conditions for application of second part of S.45 of the Act viz. (a) the statement must be on a material matter or must suppress facts which it was material to disclose; (b) the suppression must be fraudulently made by the policy-holder; and (c) the policy-holder must have known..........
Interested witness -- Relationship is not a factor to affect credibility of a witness - It is more often than not that a relation would not conceal actual culprit and make allegations against an innocent person - Foundation has to be laid if plea of false implication is made - In such cases, the Court has to adopt a careful approach and analyse evidence to find out whether..........
Insurance contract -- Suppression of material fact - Wrong answer given to the question even though the proposer had major surgery - In such a case it was not necessary for the insurer to establish that the suppression was fraudulently made by the policy holder or that he must have been aware at the time of making the statement that the same was false or that the fact was..........
Will -- Execution - Proof - Testator used to sign but Will thumb marked - The same explained by stating that at the time of execution of Will, testator was quite old and his hands used to tremble and for that reason his thumb impression was taken - Other minor discrepancies in evidence do not have the effect of holding Will to be false and fabricated simply for the reason..........
Interested witness -- Relationship is not a factor to affect credibility of a witness - It is more often than not that a relation would not conceal actual culprit and make allegations against an innocent person - Foundation has to be laid if plea of false implication is made - In such cases, the court has to adopt a careful approach and analyse evidence to find out whether..........
Insurance claim -- Repudiation - Held that complainant should come to the Consumer Fora with clean hands to avail the remedy for the grievance and not through manipulation - The claim being false - See no reason to interfere under revisional jurisdiction in the well reasoned order of the lower Fora in dismissing complaint...........
