Search Results for "material non-disclosure"

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Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Repudiation of Overseas Mediclaim Policy for Non-Disclosure of Pre-existing Condition Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Hyperlipidaemia at Time of Proposal.

6 Dec 2021

The appellant, Manmohan Nanda, sought an overseas mediclaim policy from United India Assurance Co. Ltd. to travel to the USA for a family wedding. He ...

Supreme Court

Supreme Court Upholds Reassessment Notice Against NDTV in Income Tax Case Due to Failure to Disclose Material Facts. The Court held that the revenue had valid reason to believe that income had escaped assessment based on findings of sham transactions with subsidiaries under Section 147 of the Income Tax Act, 1961.

3 Apr 2020

The appellant, New Delhi Television Limited (NDTV), an Indian company, filed a return for assessment year 2008-09 declaring a loss. The return was pro...

Supreme Court

Supreme Court Upholds Farmers' Insurance Claim in Cold Storage Fire — Insurer Liable Despite No Privity of Contract. Farmers are Consumers Under Consumer Protection Act, 1986, and Insurance Company Must Pay for Loss of Stored Agricultural Produce.

31 Jan 2020

The case involves multiple appeals arising from a common order of the National Consumer Disputes Redressal Commission regarding a fire that occurred o...

High Court

High Court of Bombay at Nagpur Bench Sets Aside Sessions Court Order in Election Affidavit Non-Disclosure Case. Court Holds Mere Cognizance of Criminal Case Not Disclosure Requirement Under Section 33A(1) of Representation of the People Act, 1951; Upholds Dismissal of Complaint.

3 May 2018

The revision applicant, a politician and Chief Minister of Maharashtra, contested the 2014 State Legislative Assembly election from Nagpur South-West ...

High Court

Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Bona Fide Need of Landlords. Landlords' Requirement of Shop Premises for Advocate Office and Business Held Genuine Under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

24 Apr 2015

The case involves a civil revision application filed by the tenants (applicants) challenging the judgment and decree of the learned District Judge, Pu...

High Court

Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

16 Apr 2015

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

High Court

Bombay High Court Allows Section 11 Application to Appoint Arbitrator in Insurance Dispute — Insurer's Failure to Appoint Arbitrator Leads to Court Intervention. The court held that the respondent's failure to appoint its arbitrator under the arbitration clause in the terrorism insurance policy entitled the applicant to seek appointment by the court under Section 11 of the Arbitration and Conciliation Act, 1996.

8 May 2013

The applicant, Essar Steel India Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

High Court

Bombay High Court Dismisses Election Petition for Non-Compliance with Section 81(3) and Section 83 of the Representation of the People Act, 1951 — Petition Lacked Material Facts and Proper Verification.

25 Apr 2011

The petitioner, Sambhaji Laxmanrao Pawar, filed an election petition under the Representation of the People Act, 1951, challenging the election of Res...

High Court

Bombay High Court Dismisses Petition Challenging IRDA's Rejection of Insurance Broker License Transfer. Transfer of Corporate Agency License Requires Prior Approval Under Insurance Act, 1938 and IRDA Regulations.

7 Mar 2011

The petitioners, including Wills India Insurance Brokers Pvt. Ltd. and others, filed a writ petition under Article 226 of the Constitution of India ch...

High Court

Bombay High Court Dismisses Application to Strike Out Pleadings in Election Petition Alleging Non-Disclosure of Assets and Criminal Cases. Court holds that allegations of suppression of material information in election affidavits constitute triable issues under Section 100(1)(d)(i) and (iv) of the Representation of People Act, 1951 and cannot be struck out at preliminary stage.

17 Feb 2011

The Bombay High Court dismissed an application filed by the original respondent (the elected candidate) seeking to strike out paragraphs 12 to 18 of t...

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