Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Suppression of material fact - Death within two years of the purchasing of policy - From the record it is established that in the proposal form the life assured had given wrong answers to the questions 11(a),(b),(e) and (i) - The declaration in the proposal..........
Evidence Act, 1872, Section 114 -- Live-in-relationship is permissible only in unmarried major persons of heterogeneous sex - If man and woman are living under the same roof and cohabiting for a number of years, there will be a presumption under Section 114 of the Evidence Act, that they live as husband and wife and the children born to them will not be illegitimate - Such..........
Hindu Marriage Act, 1955, Section 27 -- Return of dowry articles - Dowry articles already recovered through police in a case u/ss 406, 498-A & 506 IPC - Section 27 is attracted when property presented at or about the time of marriage belong jointly to both the spouses - Jewellery articles come within the scope of Section 27 - No evidence that jewellery articles were..........
Indian Penal Code, 1860, Section 420, Money Circulation and Banning Act, 1978, Section 3, 4, 5, 6 -- FIR against a company under section 420 IPC and Section 3, 4, 5 and 6 of MCBA - Director who was ceased to be a Director of the Company when alleged offence took place, cannot be made liable and proceedings qua this Director quashed...........
Indian Penal Code, 1860, Section 420, Money Circulation and Banning Act, 1978, Section 3, 4, 5, 6 -- FIR against a company under Section 420 IPC and Sections 3, 4, 5 & 6 of MCBA - Company invited investment from depositors to invest in the business/benefit funds after receiving due approval of the Scheme from Reserve Bank of India - Company went into financial crisis and..........
Hindu Marriage Act, 1955, Section 5(3), Prohibition of Child Marriage Act, 2006, Section 12 -- A girl aged 16 years fell in love with the boy aged 18 years - Both of them eloped and got married as per Hindu rites - Held, it is not a void but voidable marriage even though performed in contravention of Section 5(3) of the HMA and Section 12 of PCMA - Mere fact that..........
Indian Penal Code, 1860, Section 375, 376, 363 -- A minor girl aged 16 years eloped with a minor boy aged 18 years of her own free will - Both of them got married as per Hindu rites - FIR got registered by father of the girl for the offences punishable under Sections 376 and 363 of the IPC - Held, neither offence of kidnapping nor of rape is attracted - The case would fall..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Demand for dowry soon before death of bride - Meaning - Demand of Rs.20, 000/- allegedly raised by husband and his parents in the year 2000 - Second demand of Rs.50, 000/- raised only by husband in April, 2003 - Death of bride after three days of second demand - Held, parents cannot be convicted under Section 304-B IPC..........
Consumer Protection Act, 1986, Section 2(1) -- Consumer - Medical service - No fee was charged by OPs from the complainant being in the same profession and the operation was performed on obligatory basis - Held that the complainant are not consumer within the definition of Section 2(1) (d) of the CP Act - Complaint liable to be dismissed on this count alone...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Meaning of - Means pre-arranged plan - It should be anterior in point of time to the commission of crime and may develop on the spot - Allegation that father (A-1) along with his two sons (A-2 and A-3), armed with lathis and rifles, went to deceased house to teach him lesson as deceased declined to..........
