accepted. The submission of the respondent Company
that the petitioner has suppressed material facts
that the impugned orders have been implemented and
this ... suppress
material facts nor make false suggestions. In this
case, the petitions suffer from both these defects as
material facts have been suppressed. Both
investigation, it revealed that the insured in the proposal form suppressed material fact concerning his health-condition at the relevant time and accordingly, the respondents ... that not giving information of a prior hospitalization undoubtedly was a material suppression of facts and it is settled law that a contract of insurance
Tulshi Sutradhar suppressed her ailments as per queries made in the proposal forms and thereby, she suppressed the material fact in submitting the proposal forms ... that not giving information of a prior hospitalization undoubtedly was a material suppression of facts and it is settled law that a contract of insurance
CISF Rules, 2001 his
services were terminated for deliberately
suppressing material facts in the attestation form, by
the order dated 18-10-2010. The statutory ... that the present
case is admittedly one where the appellant had
suppressed material facts in the attestation form.
Learned counsel has taken the Court through
whether the suppression
was intentional and / or bona fide and / or inadvertent. Once it is found that
there was suppression of material fact or wrong ... character and antecedents of the applicant and a candidate who had
suppressed material information / given false information could not claim a
right to continue
life assured was hale and hearty and he did not suppress the material facts, the repudiation of claim, in question, was illegal. He further submitted ... material (sic material fact) must be disclosed, otherwise, there is good ground for rescission of the contract. The duty to disclose material facts continues right
AIR2004SC2421 , this Court
on suppression of fact held:
"As a general rule, suppression of a material fact by a litigant
disqualifies such litigant from ... discretionary jurisdiction, the suppression must be of material fact. What
would be a material fact, suppression whereof would disentitle the
Appellant to obtain a discretionary
petitioners categorically stated that
the plaintiff/opposite party is guilty of suppression of material facts inasmuch as
after the death of the said Abu Khan ... fact that there lies a distinction between the suppression of the facts and
suppression of material facts. Every facts which do not germane
follows:-
(i)The plaintiff has obtained the interim order by suppressing several material facts. In fact, the plaintiff has suppressed the significant fact about ... hearing on merits. As the plaintiff, as noticed above, has suppressed material facts from this court, I would dismiss this application without going into
petition ought not to be
entertained as the petitioner has suppressed
material facts. It is an admitted fact that the
petitioner did not challenge ... contention of the respondentBank
that the petitioner has suppressed material
facts is totally misconceived and of no avail to
the respondentBank
