Service -- Discharge/termination - Suppression of material information and false declaration regarding criminal case regardless of fact whether there is a conviction or acquittal has been recorded, employee is not to be discharged/terminated axiomatically from service just by stroke of pen...........
Service -- Discharge/termination - Suppression of material information and false declaration regarding criminal case - At the threshold, complainant filed his affidavit that complaint on which FIR came to be registered was due to misunderstanding and he did not want to pursue his case any further but still charge sheet came to be filed and on the first date of hearing,..........
Service -- Cancellation of appointment on the ground of criminal charge of forgery - When the appellant was never at fault and no one has afforded him a reasonable opportunity and also failed to consider that the appellant was a juvenile on the date when the complaint was made - These peculiar facts were not noticed by the authority while exercising its judicious..........
Criminal Procedure Code, 1973, Section 482 -- Second quashing petition - Applicant suppressed the material fact regarding earlier petition for quashing being filed and withdrawn by him - Suppression being relatable to question of maintainability was a material suppression - Petitioner thus, not entitled to discretionary relief - Second quashing petition dismissed with..........
Clean hands -- Suppression of material facts - Non disclosure of filing of suit and its dismissal and also dismissal of appeal - Appellants have to be non suited on the ground of suppression of material facts - They have not come to Court with clean hands and they have also abused the process of law - They are not entitled for the extraordinary, equitable and..........
Clean hands -- Writ petition - Exercising of writ jurisdiction is extraordinary, equitable and discretionary - It is imperative that person approaching writ court must come with clean hands and put forward all facts before Court without concealing or suppressing anything - Non disclosing of filing of Civil Suit, its dismissal by Civil Court and confirmation of said..........
Consumer Protection Act, 1986, Section 23 -- Mediclaim insurance policy - Duty to disclose material facts by insured - If a column is left blank in the proposal form, then insurance company to ask the insured to fill it up - If inspite of blank column, insurance company accepts the premium and issues a policy, then at a later stage Insurance Company cannot say that there..........
Consumer Protection Act, 1986, Section 23 -- Mediclaim insurance policy - Duty to disclose material facts by insured - Analysed - (i) Duty to disclose material facts at the time of making the proposal; (ii) material fact in a case depend upon health and medical condition of the proposer; (iii) Specific answers be made to specific queries; (iv) If a column is left blank, in..........
Consumer Protection Act, 1986, Section 23 -- Mediclaim insurance policy - Duty to disclose material facts by insured - Insured suffering from diabetes mellitus-II and it was disclosed in the proposal form - Insured suffered myocardial infraction - Cannot be said to be a direct offshoot of huyperlipidaemia and diabetes mellitus so as to be labelled as a pre-existing disease..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Non-disclosure or suppression of previous policy - Previous policy was made known to appellant - It cannot be said that there was non-disclosure of hydrology data or any fraud from the side of respondent as is projected by appellant so as to repudiate the claim - Since insurance company deposited..........
