Evidence Act, 1872, Section 45 -- Ink - Age of the ink cannot be determined by an expert with scientific accuracy...........
Negotiable Instruments Act, 1881, Section 138, 20, Evidence Act, 1872, Section 45 -- Blank signed cheque - Held, signatures when admitted then there is no necessity for sending the disputed cheque to an expert for his opinion...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance claim - Suppression of material fact - Merely because the doctor of the appellant - Insurance Company had not noticed any medical disease on the person of the insured at the time of filling up the proposal form or that he had given a good health report, it does not mean that the..........
Evidence Act, 1872, Section 45, 73 -- Handwriting and signatures - Science with regard to identification - Not perfect and conclusive - Contradictory statements of hand-writing experts, one examined by one party and other examined by other party - Rightly not relied upon by Courts below...........
Insurance Act, 1938, Section 45 -- Insurance policy - Suppression of material facts or facts fraudulently made or policy holder knew at the time of making it that the statement was false - Repudiation of policy - Insurance Company can repudiate policy within a period of two years and on the expiry thereof the policy cannot be called in question...........
Insurance Act, 1938, Section 45 -- Insurance policy - Repudiation of policy - There are three conditions for application of second part of S.45 of the Act viz. (a) the statement must be on a material matter or must suppress facts which it was material to disclose; (b) the suppression must be fraudulently made by the policy-holder; and (c) the policy-holder must have known..........
Insurance Act, 1938, Section 45 -- Insurance policy - Repudiation of policy - Misstatement of fact - Misstatement by itself is not material for repudiation of the policy unless the same is material in nature...........
Insurance Act, 1938, Section 45 -- Insurance policy - Repudiation of policy - Suppression of material fact - If a person makes a wrong statement with knowledge of consequence therefor, he would ordinarily be estopped from pleading that even if such a fact had been disclosed, it would not have made any material change...........
Insurance Act, 1938, Section 45 -- Three conditions for application of Second Part of Section 45 of the Insurance Act enumerated...........
Evidence Act, 1872, Section 45 -- DNA test - Partition suit - Controversy as to whether parties to suit were born to common mother whose property they claim to have inherited - Held, it is essential to order DNA Test which will set at rest the dispute between the parties - Order of lower Court ordering DNA Test, upheld...........
