Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Non-disclosure of other policies - Duty to make full disclosure continues to apply throughout negotiations for the contract but it comes to an end when the contract is concluded - Therefore, material facts which come to the proposer's knowledge subsequently need not be disclosed...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Two projected eye witnesses have contradicted each other on every material aspect of the case - Case of prosecution is full of inconsistencies and no reliance can be placed on the testimony of said eye witnesses - Opinion of doctor that deceased died due to shock and hemorrhage is quite revealing - Guilt of accused not..........
Indian Penal Code, 1860, Section 376 -- Rape - Incident occurred at a place which was being used to keep animal dung - However, no evidence led by prosecution to show that victim's clothes were stained with animal dung - PW1 and PW5 stated that victim had screamed during rape - But, in a colony where 100-200 people stayed and houses built close by, it is not possible that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Ex parte ad interim injunction should not be granted without establishing that the content sought to be restricted is `malicious' or `palpably false' - Injunction against publication of material should be granted only after a full-fledged trial is..........
Hindu Marriage Act, 1955, Section 13, 2(2) -- Divorce petition - Maintainability - Wife filed memo that parties belong to Tribal Community - Family Court dismissed divorce petition filed by husband relying on memo filed by wife - Parties have to plead and prove that provisions of Hindu Marriage Act are not applicable and they are not guided by said provisions - Family..........
Prevention of Corruption Act, 1988, Section 313(2), 13(1)(d) -- Illegal gratification - Discharge - Allegations levelled against accused in the charge-sheet is that they misused their official position while they were entrusted with the public money being the Chairman and Managing Director and Executive Director respectively of Bank - However, truthfulness or otherwise of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted against owner of land on the basis of registered sale deed executed after full consideration having been paid for the same...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Security Interest (Enforcement) Rules, 2002, Rule 8, 9 -- Auction sale - Setting aside - Notice - Respondent was entirely aware of auction notice - However, there is no proof that auction notice was served by appellant/Bank on respondent - Auction purchaser has..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366 -- Anticipatory bail - Kidnapping - Victim was 17-1/2 years old girl at the time of incident and is minor but she alleged that she had left her father's protection knowingly and having capacity to know the full import of what she was doing and that she voluntarily joined the accused - No..........
Agreement to sell -- Specific performance - Fixed time frame of six months for making payment in full - Plaintiff did not offer to pay remaining/balance amount before expiry of six months period - Plaintiff thus not complied with his obligation under the agreement within six months period - Suit for specific performance to execute sale deed not available - Order of trial..........
