Topic

non-disclosure

9 articlesLatest 3 weeks ago
Non-Disclosure in Group Health Insurance | Insurer Must Prove Pre-Existing Condition With Authentic Medical Records: NCDRC
Case Law Analysis

Non-Disclosure in Group Health Insurance | Insurer Must Prove Pre-Existing Condition With Authentic Medical Records: NCDRC

The NCDRC has ruled that insurers cannot deny group health claims based on alleged non-disclosure of pre-existing hypertension unless they produce authentic, contemporaneous medical records. This reinforces the burden of proof on insurers under uberrimae fidei and protects consumers from arbitrary claim repudiation based on unsubstantiated allegations.

Section 100 RP Act | Election Affidavit Non-Disclosure Must Be Challenged via Election Petition, Not Writ Under Article 226 : Madras HC
Case Law Analysis
|Madras High Court

Section 100 RP Act | Election Affidavit Non-Disclosure Must Be Challenged via Election Petition, Not Writ Under Article 226 : Madras HC

Madras High Court reaffirms statutory exclusivity under the Representation of the People Act, 1951, holding that election affidavit discrepancies can only be contested through election petitions, not writ jurisdiction. The ruling bars Article 226 remedies for non-disclosure, reinforcing procedural safeguards for electoral integrity.

Non-Disclosure of Pre-Existing Illness | Proximate Cause Must Link to Death for Policy Voidance : Rajasthan HC
Case Law Analysis
|Rajasthan High Court

Non-Disclosure of Pre-Existing Illness | Proximate Cause Must Link to Death for Policy Voidance : Rajasthan HC

Rajasthan High Court rules that non-disclosure of a pre-existing illness does not automatically void a life insurance policy unless the illness is the proximate cause of death. The court upheld a partial claim of Rs. 2.5 lakh, emphasizing that insurers must prove a direct causal link between the non-disclosure and the death to deny benefits.

Section 100(1)(b) RP Act | Non-Disclosure of Partnership Firm Tax Liabilities in Form 26 Affidavit Constitutes Corrupt Practice : Bombay HC
Case Law Analysis
|Bombay High Court

Section 100(1)(b) RP Act | Non-Disclosure of Partnership Firm Tax Liabilities in Form 26 Affidavit Constitutes Corrupt Practice : Bombay HC

Bombay High Court rules that concealing a partnership firm's tax liabilities in the mandatory Form 26 affidavit under the Representation of the People Act, 1951, amounts to a corrupt practice, warranting trial. The judgment underscores the strict disclosure obligations for election candidates, impacting electoral transparency and accountability.

Non-Disclosure of Compounded Offences Not Grounds for Termination in Low-Responsibility Posts | EWS Constable Case : Sikkim HC
Case Law Analysis
|Sikkim High Court

Non-Disclosure of Compounded Offences Not Grounds for Termination in Low-Responsibility Posts | EWS Constable Case : Sikkim HC

The Sikkim High Court ruled that suppressing minor, compounded criminal cases in recruitment for low-responsibility public roles cannot justify termination, especially for economically disadvantaged candidates. The judgment anchors this in Article 21’s guarantee of dignity and the principle of reformative justice, setting a precedent for equitable treatment in public employment screening.