Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Non-disclosure of other policies - Duty to make full disclosure continues to apply throughout negotiations for the contract but it comes to an end when the contract is concluded - Therefore, material facts which come to the proposer's knowledge subsequently need not be disclosed...........
Tender -- Withdrawal of cancellation of tendering process - Independent Committee cancelled the tender process, as officers responsible for evaluation of tender has not acted responsibly and fairly - However, respondent no.1 in collusion with respondent no.2 had taken High Court for a ride and misused the process by officers of respondent no.1 and awarded the contract to..........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Validity of marriage - For dowry, performance of marriage is not necessary, and even a marriage contract is sufficient - If a male and female contracted for marriage and cohabiting together and the male partner makes any dowry demand from female partner, then ingredients of Ss.3, 4 of the Act are attracted...........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Two contracts - Reference in the second contract to the terms and conditions of the first contract - A general reference would not have the effect of incorporating the arbitration clause - Impugned order appointing arbitrator set aside...........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Abatement of suit - Death of plaintiff - When no application U.O.23.R.3(1) CPC filed for substitution of Lrs within time limited by law, suit shall abate as against deceased plaintiff and judgment may be pronounced notwithstanding his death, which shall have same effect as if it is pronounced before death took place and..........
Family pension -- Plea of nullity of first marriage - No allegation of incompetence of either of the persons to contract marriage - Unless a declaration in that regard is granted by competent Court, no interference warranted with right of first wife to claim family pension etc...........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Mere breach of contract by one of parties, would not attract prosecution for criminal offence in every case...........
Agreement to sell -- Forfeiture of earnest money - Earnest money is a payment towards security for performance of contract on the part of proposed buyer - Once buyer fails to prove that he was ready and willing to perform his part of contract, amount of earnest money is liable to be forfeited...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Consent decree can be avoided by a party to a consent decree only through an application U.O.23.R.3-A CPC, whose consent has been obtained by coercion, undue influence, fraud, misrepresentation or mistake, as such consent cannot be termed as free consent and contract based on such consent becomes..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Consent decree can be avoided by a party to a consent decree only through an application U.O.23.R.3-A CPC, whose consent has been obtained by coercion, undue influence, fraud, misrepresentation or mistake, as such consent cannot be termed as free consent and contract based on such consent becomes..........
