Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Recourse to O.7.R.11 CPC is not appropriate - Trial Court may after framing the issues, take up the issues which pertain to maintainability of suit and decide the same in the first instance...........
Special Marriage Act, 1954, Section 13, Indian Penal Code, 1860, Section 495 -- Concealment of marriage - Admittedly, on day of marriage between applicant and `K' marriage Officer was not present - Person before whom marriage was performed and who gave certificate was not empowered to perform the function of marriage Officer - Prosecution not proved that earlier marriage..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Domestic violence - Complaint - Non-mentioning of FIR u/ss 498-A, 506, 504 IPC filed by wife against husband, in proceedings under PWDV Act, does not amount to concealment of material fact, which would disentitle wife to claim relief under PWDV Act, as reliefs claimed under PWDV Act are..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Directions issued for expeditious hearing and disposal of application for maintenance pendente lite : (i) Format of affidavit and documents required to be filed alongwith the affidavit elaborated; (ii) Affidavit of assets, income and expenditure be treated as guidelines to determine the true income of the..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Landlord has not come to Court with clean hands and has on other hand withheld vital information personal to his knowledge, and position of owning many shops in string was ultimately admitted and truth revealed in oral testimony while facing cross-examination, then entire case of landlord..........
Indian Contract Act, 1872, Section 25 -- Inadequate consideration - Not a ground for cancelling of a contract in view of S.25 of the Act, as undervaluing of immovable properties so as to either pay less stamp duty or for other reasons of concealment of income etc. is prevalent...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(2), 23 -- Recovery of 100 kg charas - Accused was the sole occupant of jeep in question from where recovery was effected - Failure of I.O to interrogate the owner of jeep strengthens the presumption in favour of accused, as it is difficult to fasten the knowledge of cavity and concealment of charas therein..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n), Evidence Act, 1872, Section 27 -- Rape on minor and murder - Discovery of evidence - Accused led police to place of offence and to place of concealment of victim body - Accused alleged that spot was easily accessible to public and hence accused could not..........
Arms Act, 1959, Section 17(3)(c) -- Renewal of arms licence - Concealment of fact of pendency of criminal case against petitioner - When show cause notice was issued to petitioner he was already acquitted in criminal case - Though petitioner is required to supply information regarding pendency of criminal case, but as he was already acquitted and nature of offence alleged..........
Medical Insurance -- Breast Cancer - Concealment of previous ailment - Suppression of material information that previous ailment as abscess was removed from patient breast and patient was suffering from breast tenderness and had got consultation for difficulty in passing urine and advised for ultrasound but same was not disclosed in proposal form - Certificate of doctor..........
