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1962 Supreme(SC) 399

J.R.MUDHOLKAR, K.SUBBA RAO, N.RAJAGOPALA AYYANGAR, SYED JAFAR IMAM
Vimla – Appellant
Versus
Delhi Administration – Respondent


Advocates:
Anand Das Gupta, H.L.Anand, K.B.MEHTA, P.D.MENON, V.D.Mahajan

Judgment

SUBBA RAO, J. : This appeal by Special leave raises the question as to the true meaning of the expression fraudulently in S. 464 of the Indian Penal Code.

2. The facts either admitted or found by the Courts below may be briefly stated. The appellant is the wife of Siri Chand Kaviraj. On January 20, 1953, she purchased an Austin 10 Horse Power Car with the registration No. DLA - 4796 from Dewan Ram Swarup in the name of her minor daughter Nalini aged about six month at that time. The price for the car was paid by Dr. Vimla. The transfer of the car was notified in the name of Nalini to the Motor Registration Authority. The car at that time was insured against a policy issued by the Bharat Fire and General Insurance Co Ltd., and the policy was due to expire sometime in April, 1953. On a request made by Dewan Ram Swarup, the said policy was transferred in the name of Nalini. In that connection, Dr. Vimla visited the Insurance Company s office and signed the proposal form as Nalini. Subsequently, she also filed two claims on the ground that the car met with accidents. In connection with these claims, she signed the claim forms as Nalini and also the receipts acknowledging the p














































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