Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Opportunity to cross examination - AC Ist after recording statement of parties sanctioned mutation - Order challenged in appeal on the ground that no opportunity to cross-examine witnesses afforded - Collector accepted appeal - Commissioner in revision set aside the order of Collector holding that no written or oral..........
Insurance Act, 1938, Section 45 -- Insurance claim - Suppression of material facts - Death took place after more than 2 years of the taking of the policy - To get out of the limit of 2 years as envisaged by Section 45, the LIC must show that the alleged wrong statement was on material matters or that the material facts have been suppressed which material was supposed to be..........
Criminal Procedure Code, 1973, Section 319 -- Penal Code, 1860, Section 302/120B/34 - Summoning as accused - Application for by petitioner - Dismissal by trial Court - It relied on the petitioner's unsigned supplementary statement made to the police exonerating respondent Nos.2 to 5 of any wrong doing - Statement on oath by petitioner appearing as PW1 reveals specific..........
Indian Penal Code, 1860, Section 500, 153, 153A, 153B -- Defamation - Quashing of FIR - Controversial sentence of an eminent historian in a book that `Oriya is a younger sister of Bengali' - Whether the statement of the writer is right or wrong is not to be decided in a proceeding like this - It is only to be seen whether the intention of the writer was to defame the Oriya..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time - Wrong date for filing written statement noted down by counsel - A party should not suffer for any mistake of his counsel - Justice requires that an opportunity should be given to defendant to file written statement so as to enable him to contest the proceedings on merits...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Written statement - Giving wrong facts - Costs of Rs.10, 000/- imposed...........
Central Reserve Police Force Act, 1949, Section 9 -- Central Civil Services (Temporary Service) Rules, 1965, Rule 5(1) - Termination - Suppression of material facts - Petitioner obtained his appointment in CRPF by furnishing wrong information - Despite warning on the top of the verification roll material information regarding pendency of criminal case against him..........
Insurance claim -- Refund of paid up value - Insurance claim denied due to concealment of statement about health and giving of wrong answers to the questions recited in the proposal form - Premium also forfeited - Held that If the insurance company is allowed to forfeit the amount of premiums deposited under the policy, it will be a case of double jeopardy - Direction to..........
Tender of Pardon -- Principles laid down - The tender of pardon and its acceptance by the person concerned is a matter entirely between the court concerned and the person whom it is made - If the tender of pardon is accepted by the accomplice concerned, the only obligation placed upon the prosecution is to examine him as a witness in the case - Whether the statement made..........
Hindu Marriage Act, 1955, Section 13, 9 -- Non compliance of decree for restitution of conjugal rights - Husband seeking dissolution of marriage - No statement forthcoming from husband that he was willing to keep the wife while it was stated on behalf of the wife that she was willing to live with husband - Husband cannot be allowed to take advantage of his own wrong as the..........
