Constitution of India, 1950, Article 226 -- Concealment of material facts-One of the impugned orders itself challenged in civil suit-Necessary for petitioner to mention all facts pertaining to filing of suit, order passed by trial Court on application for stay, order passed by First Appellate Court allowing appeal of respondent and order passed by High Court on revision..........
Insurance Act, 1938, Section 45 -- Insurance policy - Policy holder had fallen ill for two days earlier for minor ailment like fever etc. - That was no fact material for disclosure by policy-holder - Claim of his dependents could not be denied - Trial Court rightly assessed evidence and correctly holding that there was no suppression of material facts on the part of the..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Suppression of material facts - Ex-parte order of injunction is liable to be vacated on this short ground...........
Criminal trial -- Suppression of true facts from the Court - Difficult to sustain conviction...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Fraud - Mode and manner in which fraud was committed must be pleaded and the same is to be proved by evidence. The decision rendered by a court or Tribunal cannot be set aside on the basis of any unfounded allegation of fraud or collusion - In order to successfully claim relief in a suit alleging fraud to set aside the..........
Evidence Act, 1872, Section 112 -- A mere plea of fraud or suppression does not render S.112 inapplicable...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Haryana Utilisation of Surplus and Other Areas Scheme - Para 7(iv) and Form US-2 - Allotment of surplus land to 'C category tenant - Suppression of vital facts and prima facie fraudulent conduct of applicant - Cancellation of allotment - Allotment Authority not competent to set aside order of allotment -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Concealment of material facts - No interim relief can be granted to plaintiff on account of suppression of material facts...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Concealment of material facts - Plaintiff claiming himself to be a tenant of one S alleged owner of land, whereas defendant claiming itself to be owner and landlord of plaintiff -Matter to be decided by Court after recording evidence - Defendant not able to show any prejudice caused by alleged..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Dismissal of suit - Should not be ordered unless Court satisfied that plaintiff wilfully withholding the documents which he ought to discover - Plaintiff must take consequence of having his claim dismissed due to his default i. c. by suppression of information which he was bound to give...........
