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...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Suppression of material facts - Non-disclosure of other insurance policies - Insurance company has produced no documentary evidence whatsoever before District Forum to prove its allegation that insured had taken multiple insurance policies from different companies and had suppressed the same -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Medical evidence of 17% disability - No contra evidence available on record - Tribunal and High Court committed a serious error in not accepting medical evidence and substituting disability to 10% - Compensation awarded under head loss of income towards permanent disability deserves to be enhanced by construing the whole..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Though High Court ought not to re-appreciate evidence and substitute its own finding for that of Tribunal, it would not be beyond the jurisdiction of High Court in its power of judicial review to altogether eschew such a process...........
Service -- Comparability of units - Writ jurisdiction - Where the employer seriously contested the use of the concerned units as comparable ones and highlighted its difficult financial position, the proper course would have been to remit the matter to the Industrial Tribunal rather than entering into these factual question independently in exercise of the writ..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 25 -- Confessional statement - Officers empowered u/ss 41, 42 of NDPS Act neither having power to investigate nor to file a police report meet the test of police officer for the purpose of S.25 of Evidence Act - Consequently, bar u/s 25 of Evidence Act is not applicable against..........
Indian Penal Code, 1860, Section 302, 394, 411, Arms Act, 1959, Section 25 -- Murder - Name of assailants not mentioned in FIR - PWs recognized accused first time in Court - In the absence of Test Identification Parade, dock identification was an absolutely useless piece of evidence - PW2 stated that accused was introduced to her in Thana and that she was able to recognize..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C requires stronger quality of evidence than merely prima facie case against accused...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Photocopy of legal notice - Secondary evidence of photocopy of legal notice allowed...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Victim turned hostile and did not support prosecution case - However, in her cross-examination victim admitted that she was injured and taken to hospital - PW4 and PW6 are co-villagers and their presence at the time of occurrence was not challenged by defence - They are natural and competent witnesses who had seen..........
