Electricity bill -- Defective meter - Bill of Rs. 17 lakh raised after five years while conducting an inquiry for a defective meter specially when there was need for its replacement - The petitioner had been visiting time and again for checking the meter - It took 5 years for the petitioner to come to the conclusion that the meter was defective - Held to be a clear..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Application to file written statement filed by an illiterate lady and a Sweeper by occupation - Application not properly worded explaining reasons or cause of failure to file written statement in due time - Lapse liable to be viewed as a fault attributable to mofussil and unskilful drafting - Permission to..........
Insurance Act, 1938, Section 45 -- Insurance policy - Suppression of material facts or facts fraudulently made or policy holder knew at the time of making it that the statement was false - Repudiation of policy - Insurance Company can repudiate policy within a period of two years and on the expiry thereof the policy cannot be called in question...........
Insurance Act, 1938, Section 45 -- Insurance policy - Repudiation of policy - There are three conditions for application of second part of S.45 of the Act viz. (a) the statement must be on a material matter or must suppress facts which it was material to disclose; (b) the suppression must be fraudulently made by the policy-holder; and (c) the policy-holder must have known..........
Insurance contract -- Suppression of material fact - Wrong answer given to the question even though the proposer had major surgery - In such a case it was not necessary for the insurer to establish that the suppression was fraudulently made by the policy holder or that he must have been aware at the time of making the statement that the same was false or that the fact was..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction and maintenance - Proposed amendment seeking relief of maintenance - Material facts as to maintenance pleaded in pleadings but there was no specific prayer for maintenance in prayer clause - Claim for maintenance not barred by time - Amendment allowed...........
Civil Procedure Code, 1908, Order 17, Rule 3, Civil Procedure Code, 1908, Order 41, Rule 27 -- Closure of evidence - Sufficient and many opportunities given to plaintiff to lead evidence - Plaintiff failed to discharge its obligation to prove its case - Even list of witnesses not filed within prescribed time - Even effort not made to produce the documents before Appellate..........
Will -- Execution - Proof - Testator used to sign but Will thumb marked - The same explained by stating that at the time of execution of Will, testator was quite old and his hands used to tremble and for that reason his thumb impression was taken - Other minor discrepancies in evidence do not have the effect of holding Will to be false and fabricated simply for the reason..........
Hindu Succession Act, 1956, Section 14(1) -- Maintenance - Till right of Hindu wife to get maintenance from her husband is legally enforced, property of husband does not automatically become subject matter of charge for maintenance payable to wife at a future point of time...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing in time - Defence struck off on 92nd day - Written statement could not be filed due to non receipt of copy of plaint alongwith summons by defendant - Provision of O.8.R.1 CPC is directory in nature - Court in exceptional circumstances can extend time beyond 90 days for filing written statement so..........
