Consumer Protection Act, 1986, Section 23 -- Mediclaim insurance policy - Duty to disclose material facts by insured - Analysed - (i) Duty to disclose material facts at the time of making the proposal; (ii) material fact in a case depend upon health and medical condition of the proposer; (iii) Specific answers be made to specific queries; (iv) If a column is left blank, in..........
Specific Relief Act, 1963, Section 31 -- Suit for cancellation of sale deed - Defendant contended that sale deed executed on 15.4.1971 - Onus is on defendant to establish the execution of sale deed on said date - However, no evidence led in support of such fact - More so, sale deed was executed in favour of plaintiff also and original owner of sale deed during his lifetime..........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - Victim has no specific design behind prayer for referring the matter to CBI, hence same can only be an attempt to ensure discovery of truth, which is ultimate purpose of any investigation and who can do it better than CBI which will have all independence in facts of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Accused has taken specific defence that signature found on the cheque does not belong to her and she has not at all received sum of Rs.7 lakhs from complainant - Even, cheque was dishonoured for the reason that `drawers signature..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Delay of 9 years in seeking amendment - Amendment sought was available to defendant at the time of cross examination of PWs 1 & 2 but at that time no question was put to the witnesses - Moreover specific averment in plaint was stated in written statement as not admitted and that it is for..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Harrowing torture of three deceased continued for 12 hours with the participation of accused in Panchayat was proved by testimony of eye witnesses - Deceased were..........
Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Triple murder case - Honour killing - Unlawful assembly - Harrowing torture of three deceased continued for 12 hours with the participation of accused in Panchayat was proved by testimony of eye witnesses - Deceased were..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - If complainant is required to be re-examined, Court needs to pass a specific order either on application u/s 145(2) of the Act or suo-moto by the Court...........
Service -- Post of Arts and Crafts teachers - Eligibility criteria - Petitioners are holders of diploma in Arts and Crafts through distance education from Kurukshetra University - However, diploma in Arts and Crafts through distance education is not recognized by Education Department - Diploma cannot be equated with diploma given through regular class room studies - Even,..........
Agreement to sell -- Suit for specific performance - Defendant remained ex parte - Court in a suit for specific performance must address the mandate u/ss 16 & 20 of Specific Relief Act, 1963, even when defendant remained ex parte or absent...........
