Insurance claim -- Repudiation - Suppression of material facts - The record produced by the respondent clearly prove the existence of Cancer for which he was suffering from prior to the commencement of the LIC policy, which resulted into his death - Orders of the Fora below dismissing the claim of the petitioner not interfered with...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Industrial dispute - Facts are to be pleaded and proved before Labour Courts/Tribunals u/art. 226 of Constitution while exercising jurisdiction of judicial review has to examine whether based on facts pleaded by parties, documents produced on record and evidence proved in support of their respective stands,..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Closure of business management - Placing of documents by petitioner not produced before Tribunal - High Court while exercising writ jurisdiction cannot give any weightage to any document now being placed by petitioner which was never placed by petitioner before the Tribunal...........
Wealth Tax Act, 1957, Section 16(4), 245(2) - - Non-filing of return - Notice issued u/s 16(4) of the Act is not before court namely that same has not been marked as an exhibit and proof of service of same is also not been produced before court - Held, it is not proper on part of petitioner to expect Magistrate to consider said issue at that stage - Contention goes beyond..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Recovery of - Appeal against acquittal - Sample alleged to be put in a tin box whereas FSL report that it was sealed cloth parcels - Sample taken 20 grams whereas sample received by FSL was 21.5 grams - Seal of `HS' also affixed on sample and residue but there was no such seal on case property..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - New plea - Dispute with regard to payment of a sum of Rs. 40,000/ - which was allegedly paid in cash apart from a sum of Rs. 53,720/ - paid by cheque - Debit vouchers referred not produced before below Fora below - Neither pleaded in reply in response to the complaint nor does it find mention in the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque returned with endorsement 'funds not arranged for' - Accused denied his liability to pay, as cheque was issued in pursuance of agreement to sell and when he came to know that complainant is not the owner of plot he did not arrange for the funds - Legal effect of presumption available u/s 139 not..........
Tape recorded conversation -- Proof - For acceptance of tape recorded conversation tape has to be sealed at the earliest point of time and opened except under orders of the Court - Held, tape recorded conversation is not admissible in evidence when it is not immediately produced in Court, it is not sealed as per requirement of law and tape recorded conversation is not..........
Industrial Disputes Act, 1947, Section 11A -- Domestic inquiry - Held to be vitiated - Management allowed opportunity to lead evidence before Labour Court and it failed to avail the opportunity - The Court could not go into the enquiry report produced by the Management and the evidence led therein...........
Consumer Protection Act, 1986, Section 2(1)(f) , 13(1)(C) -- Seeds - Defective seed - Procedure - Hybrid Jowar seed - Report submitted by Assistant Director of Agriculture (Seed Testing) produced by petitioner showed that there was 99% purity and 85% germination of seed and seeds supplied were not defective - The Fora below held to have erred in rejecting the report - The..........
