Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... by any of the two surveyors appointed by the insurance company. it is further submitted that it was false to suggest the complainant was not the owner of the stolen goods since the surveyor himself has recommended compensation for the theft of the properties of the insured. 4. the o.ps. have also filed additional written statement in which ..... complainant has, therefore, claimed a total sum of rs. 1,92,667.50 against the o.ps. comprising of the following items: ( a)the amount representing the value of goods stolen atrs. 77,667.50(b)compound interest charged by the bank on the claimed amount atrs. 25,000.00(c)estimated business loss suffered for 18th months @ rs. 5000/- ..... are independent persons. it is also asserted that the complainant is only a commission agent and was not the owner of the goods said to have been stolen and he did not have any coverage for the goods retained by him on commission and, therefore, that the claim was not maintainable as it was not covered under insurance. it .....
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..... that a motor cycle may not be taken into possession without its purchase and registration in the district transport office. for plying stolen motor cycle several misdeeds are committed by the involved person but in ..... role. admittedly, if seized motor cycle is stolen one presumption goes against this petitioner but its being stolen is denied with a further submission that if that is seized soon after the theft then only presumption about the petitioner being thief or receiving after knowing that to be stolen goods.10. prosecution case to the extent is true ..... establishing his case. this much is relevant for accepting the presumption of section 114(a) of the evidence act and escape is given for presence from where stolen article is recovered i.e. to the effect that (unless he can account for its possession) that mean to say that this presumption is rebuttable. another .....
Tag this Judgment!Court : Patna
..... receiving stolen goods (as the case may be) though he was not charged with such offence.'section 222 of the code of criminal procedure too ..... stolen property or criminal breach of trust or cheating.(b) in the case mentioned, a is only charged with theft. it appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. he may be convicted of criminal breach of trust or of ..... to the section may usefully be noticed as under :'(a) a is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. he may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving .....
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..... . the involvement of the petitioner is on the basis of the statement made by co-accused sakir ansari from whose house the allegedly stolen goods belonging to the informant was recovered. it is submitted that the petitioner has a clean antecedent and owns a jewellery shop. taking into consideration the submission of learned counsel, let .....
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..... the loss starting at his face due to fall in the international steel prices?vi) whether the railways could have given the delivery of the stolen goods, had the petitioner performed his obligation under the contract?8. in short the railways contend that the petitioners cannot agitate refund of money much less ..... in the case of abl international (supra). in the aforesaid case, the apex court held that if the instrumentality of the state acts contrary to the public good and public interest; or acts unfairly, unjustly and unreasonably in its contractual or statutory obligation, it really acts contrary to the constitutional guarantee found under article 14 ..... jurisdiction of the high court under article 226 of the constitution. the hon'ble apex court further held that existent of an effective alternative remedy is a good ground for the court to decline to exercise its extra-ordinary jurisdiction under article 226 of the constitution of india.23. learned counsels for the railways have .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... which is not corresponding to the survey report and the final form submitted by the police. the surveyor in his report has submitted that only two electric motors have been stolen as supported by the evidence of the workers also. the motors were not covered under insurance. the claim is therefore not payable. they therefore prayed that the complaint case ..... bureau submitted their final report on 31.3.1993 confirming the report of shri shahi. the deputy manager in his aforesaid affidavit has further stated that total loss of goods as claimed in weight was for 10,366 kgs. the surveyors have expressed doubt that removal of such a huge quantity is not possible in such a short time. ..... claim of the complainant which amounts to deficiency in service. the break-up of total claim of rs. 11.50 lakhs has been given as under :1. value of goods stolenrs.6,68,960.002. loss caused due to non- availability of bank guarantee as a result of which the industry could not get aluminium issued from bokaro steel .....
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..... too happened to be a homeguard personnel. though this witness did not claim to have either known or identified petitioners by name, while they were making good escape with stolen rifle, at trial claimed to have identified petitioners in dock. he too stated to have learnt name of the petitioners from dafadar and chowkidar. though this ..... recourse to firing and it was alleged that indrabali ishwar, who allegedly carried a rifle with him, having suffered gun shot injuries, dropped the rifle and made good his escape in the village. about binod singh, the other petitioner, accusation attributed to him was that he too had accompanied indrabali ishwar. pw 3 would ..... there has been no clinching evidence about identification of the petitioners in the process of fleeing, after removal of rifle from custody of police personnels. since a good number of witnesses have either been tendered or were formal, instead of dilating on the evidence of these witnesses, i may being exercise with analysis of evidence .....
Tag this Judgment!Court : Patna
..... the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after the theft is either the thief or has received the goods knowing them to be stolen unless he can account for their possession'. the determination of the period which can come within the term 'soon before' is left .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... of this application may be briefly stated. the complainant who is the owner of a shop had got his goods ensured with the opposite party national insurance company. there was a theft in his shop and goods worth rs. 5,467.10 were stolen away and, there fore, the complainant lodged the claim before the opposite party, insurance company for rs. 51,000 .....
Tag this Judgment!Court : Patna
..... misconstrued the evidence on record and the order and judgment of acquittal is based on surmises and conjectures. the learned magistrate has failed to consider that the stolen railway properties were recovered from the house of respondent jagdish sharma at his instance. he further argued that the learned magistrate has failed to appreciate that ..... unless he proves that the railway property came into his possession lawfully shall be punishable. as defined in section 2(d) of the act railway property' includes any goods, money or valuable security or animal belonging to or in the charge of possession of, a railway administration. thus essential requirement of section 3 of the act ..... and the present appeal against his is dismissed.18. heard on the question of sentence.19. learned counsel submitted that respondent may be released on probation of good conduct.20. it appears from the record that the present occurrence relates to the year 1985. a period of more than 22 years have already elapsed. .....
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