Specific Relief Act, 1963, Section 41(i), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Suppression of material fact - Husband while seeking temporary injunction suppressed the fact of filing a petition by wife under Protection of Women From Domestic Violence Act - Conduct of plaintiff is such as to disentitle him to the assistance of Court, as provided u/s 41(i) of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plaintiffs filed suit for declaration of right, title and interest over the suit land and for eviction of defendant No.1 with a prayer for permanent injunction - Earlier, suit for declaration of title and permanent injunction filed by purchaser of disputed land from common ancestor of..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally enforceable debt - Complainant alleged that accused purchased cement bags from him and cheque issued for payment of price of same was dishonoured - Complainant failed to adduce any evidence regarding sale of cement bags as averred in complaint - Suppression of material facts by..........
Criminal Procedure Code, 1973, Section 482, Representation of the Peoples Act, 1951, Section 125A, 79(b), 32, 33, 33A -- Criminal proceedings - Quashing of - Affidavit contained a false averment and the Form 2A filed with nomination contained false statement, suppression of his previous conviction in a criminal case, was the basis of a complaint from returning officer, on..........
Suppression of a material fact -- Suppressing of fact of filing of petition u/s 482 Cr.P.C. for quashing of charge sheet, which stood rejected and said order attained finality as the same is not challenged any further - Held, it was necessary for petitioner to disclose such a relevant fact - Held, petition is liable to be dismissed only on this sole ground...........
Insurance claim -- Repudiation - Suppression of material fact - At the time of revival of insurance policy the insured concealed the material fact of his being suffering from heart disease for which he had been taking treatment for the last five years - The repudiation of claim held to be legal and valid - Impugned judgment of the District Forum allowing the claim liable..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Voidable marriage - Suppression of registration of earlier marriage by wife - Amounts to fraud - Provision of S.12(1) (c) of the Act is attracted and Court is empowered to annul subsequent marriage...........
Group Mediclaim Insurance Cover -- Insurance claim Repudiation Pre-existing disease Suppression of material facts At the time of taking the medical claim petitioner only signed the cover note because Respondent had not attached the detailed proposal form with this note This is confirmed by the investigation report of the Investigator appointed by the Respondent/Insurance..........
Insurance claim -- Repudiation - Suppression of material facts - Burden on proof - Concurrent findings recorded by the District Forum and the State Commission that the respondents-LIC had failed to prove that the deceased has suppressed information relating to his illness - The finding based on appreciation of the oral and documentary evidence produced by the parties -..........
Insurance claim -- Repudiation - Suppression of material facts - Burden on proof - Concurrent findings recorded by the District Forum and the State Commission that the respondents - LIC had failed to prove that the deceased has suppressed information relating to his illness - The finding based on appreciation of the oral and documentary evidence produced by the parties -..........
