Insurance Claim -- Discharge voucher - Respondent - Complainant failed to prove that her signature on the discharge voucher taken by misrepresentation fraud or by exercising undue influence or coercion - In the view of the matter, after receiving the amount in full and final settlement of her claim the complainant cannot approach a consumer court for payment of the balance..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Fraud - Pleading - Full particulars must be pleaded in case of fraud, undue influence and coercion - General allegations are not sufficient...........
Customs Act, 1962, Section 108, Evidence Act, 1872, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Confession - Recovery of contraband effected by custom officer - Statement of accused recorded by custom officer - Absolute bar of S.25 Evidence Act is not application to Custom Officer as he is a person other than a Police Officer - Court..........
Insurance claim -- Discharge voucher - Agitated on the ground that the complainant issued such discharge voucher under financial constraints - Cause for issuing the discharge voucher was complainant-s own cause and not the cause on the part of the insurance company - Consumer Fora cannot go behind the full and final settlement of the claim in the absence of allegation of..........
Indian Penal Code, 1860, Section 376, 366, 366A -- Abduction and rape - Prosecutrix above 18 years - Remained with accused for 10 days and travelled by train and tempo without protest and made no effort to seek help from others - Held, prosecutrix was consenting party - Failure to establish threat, coercion or inducement - Accused is not guilty of offence under Sections..........
Insurance claim -- Discharge voucher - Scooter - Accident - Claim settled at Rs.9715/- against repair bill of Rs.12,933.02P - Complainant received Rs. 9715 from the OP towards full and final discharge of his claim - No fraud, coercion or undue influence etc. alleged much less proved by complainant - District Forum rightly dismissed the complaint...........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Conviction - Case based on circumstantial evidence and extra judicial confession - Confession made at the earliest point of time to the brother of accused - Confession not alleged to have been procured under any undue influence, coercion or pressure - Such confession can be accepted without corroboration - Accused..........
Partnership Act, 1932, Section 32, Contract Act, 1872, Section 19 -- Partnership - Retirement - Retirement deed alleged to be signed in police station under threat/coercion - Said deed could have been avoided immediately thereafter - Benefits to the tune of Rs.13 lakhs thereunder also received - Held, retirement deed is valid...........
Hindu Law -- By a deed out of Court - Cancellation of divorce deed sought alleging it to be obtained by coercion and threat - Customary divorce being an exception to the general law of divorce should be specifically pleaded and established by the party propounding such custom as custom of divorce is contrary to the law of the land - Trial Court to frame an issue and then..........
Insurance claim -- Discharge voucher - Case investigated and settled - Respondent gave a voucher on 28.8.1991 in full and final settlement of his claim - Payment received on 1.9.1991 without any protest or demur - On 14.9.1991, complainant wrote letter to the petitioner saying that he was forced to give voucher in full and final settlement of the claim - The protest lodged..........
