Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact based on wrong application of the principle of burden of proof is not binding...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - It is always open to a party not to lead evidence where the onus is upon the other party but if he has led evidence, he cannot ask the Court to ignore it...........
Insurance claim -- Repudiation - Concealment of material fact - Concealment of age - Burden of proof - It was on the petitioner - insurance Company, which it failed to discharge by leading evidence - The only evidence produced by the petitioners is the voters' list where the age of the assured is given 62 years - The age given in the voters' list cannot be taken as a sure..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation - Suppression of material fact - Burden of proof - The onus to prove of suppression of material facts is on the insurer - The insured made a wrong statement while filling in the proposal form that he had suffered from Enteric Fever and that he was admitted in..........
