Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance policy - Misrepresentation of fact - Repudiation - Deceased - insured had earlier three policies for more than 7 lacs - While taking another policy in March, 2002 in the proposal form in answer to question No. 9 which deals with all life insurance policies held by proposer he..........
Civil Procedure Code, 1908, Order 41, Rule 23, 24A, 25 -- Remand - Having allowed the application for amendment, first appellate Court set aside the judgment and decree and remanded back the case for fresh adjudication - Validity - Held, proper course for appellate Court was to have ordered the parties to complete their respective pleadings and thereafter settle the..........
Right to Information Act, 2005, Section 6 -- Information - Judicial orders - Reasons for arriving at a particular decision - No litigant can be allowed to seek information as to why and for what reasons the judge had come to a particular decision or conclusion - A judge is not obliged to give any reasons as to why he had taken such a decision in the matter which was before..........
Industrial Disputes Act, 1947, Section 2(oo), 33(2)(b) -- Termination - Plea that the workmen's names were not found in the FIR and that the criminal Court judgment acquitted them - The criminal proceedings and the domestic enquiry operate in different fields - The judgment of a criminal court is irrelevant for any purpose except to the extent that in relation to the very..........
Judgment -- Prospective or retrospective - Judgments of Court are retrospective - Court does not legislate, it only interprets the legislation which is already in existence - Interpretation made by the Court is of an existing law and applies from the date the law came in force and not from the date on which the decision is rendered...........
Civil Procedure Code, 1908, Section 100 -- Criminal offence - By Police official - Departmental enquiry - Holding of - Without informing the District Magistrate - Apparent violation of Rules 16.38(1) and (2) of the Rules which are mandatory in nature - Concurrent findings of facts by Courts below - No substantial question of law arises in appeal - Do not find any error in..........
Precedent -- Decisions of Supreme Court - Held, applies prospectively where Supreme Court expressly directs so in its judgment...........
Evidence Act, 1872, Section 40, 41, 42, 43 -- Binding nature of judgment of civil court on criminal court - Judgment of civil courts relevant but not conclusive proof of the factum of forgery or fraud of the sale deeds - Judgment of civil court not binding on criminal court...........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Power of appellate Court - Principles governing - (1) The appellate court may review the evidence in appeals against acquittal under sections 378 and 386 of the Criminal Procedure Code, 1973. Its power of reviewing evidence is wide and the appellate court can re-appreciate the entire evidence on..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Accused formed an unlawful assembly and by way of common object committed murder by assaulting with lathi and spears - Trial Court acquitted accused whereas High Court set aside order of acquittal - Two injured eye-witnesses had clearly supported the prosecution case - Minor discrepancies were not sufficient to..........