#material suppression

The Delhi High Court quashed the ex-parte interim injunction against Nugenesys after finding the plaintiff deliberately concealed a cease-and-desist notice, breaching the duty of candour in the Statement of Truth. The decision warns trademark litigants that material suppression will invalidate injunctive relief under the Commercial Courts Act.

Orissa High Court rules that impersonating an advocate and concealing prior criminal cases constitutes fraud on the court, rendering bail ineligible regardless of offence severity. The judgment underscores that material suppression vitiates bail applications under BNSS, setting a precedent for stricter scrutiny of antecedents in criminal proceedings.

Punjab & Haryana HC rules that concealment of a pre-existing illness (Hodgkin’s Lymphoma) at policy inception vitiates a life insurance contract under the principle of utmost good faith. Acceptance of an ex gratia payment marked as 'full and final settlement' bars subsequent claims, reinforcing estoppel by conduct in insurance disputes.

Kerala High Court holds that non-disclosure of prior ultrasound scan for kidney stones in cancer policy application amounts to fraudulent suppression under Section 45 of Insurance Act, 1938.

NCDRC holds insurers bear the burden of proving deliberate suppression of material facts in life insurance claims, requiring cogent evidence and strict interpretation of exclusion clauses.