Civil Procedure Code, 1908, Order 9, Rule 13, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(g) -- Exparte decree - Setting aside - Civil suit for recovery transferred to Debt Recovery Tribunal - Exparte decree passed - Suppression of material facts that they appeared in the civil suit and filed written statement and other applications -..........
Insurance claim -- Repudiation - Suppression of material fact - Taking liquor - It was not a material fact the suppression of which can entitle the appellants to repudiate the claim...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance claim - Suppression of material fact - Merely because the doctor of the appellant - Insurance Company had not noticed any medical disease on the person of the insured at the time of filling up the proposal form or that he had given a good health report, it does not mean that the..........
Insurance claim -- Suppression of material facts - that insured was suffering from major disease i.e. Myocardial Infraction which was kept concealed by him at the time of filling up the proposal form - The appellants held well within their rights to repudiate the insurance claim filed by the legal heirs of the insured...........
Insurance claim -- Suppression of material facts - Repudiation - Even if the serious disease from which the insured was suffering before filing the proposal form and which was kept concealed by him might not have any nexus with the cause of death, still it amounts to suppression of material facts sufficient enough for the repudiation of claim...........
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..........
Insurance Act, 1938, Section 45 -- Insurance policy - Repudiation of policy - Suppression of material fact - If a person makes a wrong statement with knowledge of consequence therefor, he would ordinarily be estopped from pleading that even if such a fact had been disclosed, it would not have made any material change...........
Insurance claim -- Suppression of material fact - Estoppel - If a person makes a wrong statement with knowledge of consequences thereof, he would be estopped from pleading that even if such a fact had been disclosed, it would not have made any material change...........
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..........
