Hindu Marriage Act, 1955, Section 7, 12, 13 -- Concealment of material facts at time of marriage - Husband made concealment and misrepresentation of material facts about himself as well as on all other aspects like educational qualification, social and economic status - These facts very much relevant for smooth relationship between spouses after marriage - Held, wife..........
Insurance claim -- Repudiation - Concealment of material facts - Dyspepsia - Suffering from dyspepsia - Not mentioned in proposal form of the LIC - Held that dyspepsia is not a disease in itself - Repudiation of the policy by LIC unjust and improper...........
Insurance claim -- Suppression of material fact - Onus probandi - It rests upon party alleging fraud namely the insurer - Mere concealment of some facts will not amount to concealment of material facts - Suppression of fact must be a conscious operation of the giver of the answer which he knowingly did not disclose...........
Concealment of facts -- Suit for injunction filed by unregistered partnership firm after expiry of lease period - Failure to disclose that lease had expired - Amounts to concealment of fact - Suit dismissed...........
Concealment of facts -- Concealment of fact of filing of earlier petition - High Courts to make Rules that in every petition it shall be clearly stated as to whether any earlier petition had been filed and/or is pending in respect of the same cause of action - It shall also be indicated as to what was the result of the earlier petition...........
Consumer Protection Act, 1986, Section 2(1),(g), Insurance Act, 1938, Section 45 -- Insurance claim - Suppression of material facts - Repudiation - The bar of two years contained in Section 45 of the 1938 Act would not be attracted at all where the case is covered by the exceptions contemplated by Section 45 of the Act - The primary consideration to be kept in view is that..........
Punjab Land Revenue Act, 1887, Section 16 -- Concealment of facts - Partition proceedings - Some respondents proceeded ex-parte - AC Ist ordered partition of land - Application for setting aside ex-parte order - Dismissed - No appeal filed - Appeal filed against original order of partition - Allowed by Collector vide non speaking order - Upheld by Commissioner - Respondent..........
Insurance claim -- Suppression of material facts - Onus probandi - It rests heavily on party alleging fraud namely the insurer - Mere concealment of some facts will not amount to concealment of material facts - Suppression of fact must be a conscious operation of the giver of the answer which he knowingly did not disclose...........
Concealment of facts -- Concealment/non disclosure of earlier dismissal of suit - Writ Petition is liable to be dismissed - Material facts even if against the interest of party have to be disclosed - However, those facts can be explained to nullify their adverse effect - Non disclosure entails dismissal of writ petition...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Concealment of facts - Concealment of fact of filing of civil suit and its dismissal with the object of obtaining admission of petition - Conduct of the petitioner fraudulent - Writ jurisdiction cannot be used in favour of such a claim - Petition dismissed with costs of Rs.10,000/-...........
