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Showing contexts for: false declaration in Smt. Parul Agarwal vs L.I.C. And 3 Others on 3 April, 2023Matching Fragments
"37. Obligation of parties to contracts.--The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or of any other law.
Promises bind the representatives of the promisors in case of the death of such promisors before performance, unless a contrary intention appears from the contract. "
30. In the present case, the contract of insurance between Vishal Agarwal and Corporation would certainly bind legal representative of late Vishal Agarwal, i.e. the petitioner herein, and proposal forms described hereinabove would certainly fall within the category of "contract of insurance" and, therefore, if, on account of any false declaration or concealment made by the decesased, the claim has been rejected, the petitioner, being a successor/representative of her husband, would not get any relief in the totality of the facts and circumstances of the present case.