Insurance claim -- Repudiation - Theft of truck - Driver was drunk and was found in an inebriated state as per medical report - He did not remove the keys from the ignition socket - The driver did not take reasonable care as postulated in Clause 5 of the Insurance Agreement - Respondent-Insurance Company cannot be held liable - Complaint dismissed accordingly...........
Insurance claim -- Repudiation - Theft of vehicle - Violation of terms and condition No.1 of the Insurance Police by the complainant for not informing the Insurance Company immediately after the theft of the his insured car - Rather the complainant gave information to the OP after 87 days which is fatal to his claim - The Insurance Company has rightly repudiated the..........
Electricity Act, 2003, Section 135, 138 -- Theft of electricity - On inspection seals of meter found broken and meter found not running properly whereas accused were found using and carrying 4.73 KW load in excess - Conviction - Merely because no independent person was present at the time of inspection of the meter, it does not mean that evidence of both the witnesses of..........
Indian Penal Code, 1860, Section 302, 376, 341 -- Custodial death - Wrongfully confining deceased in police custody on suspicion of theft - Beaten him to death - Gang rape of his wife - Wife of deceased in great detail disclosed the manner in which accused treated her and her deceased husband - No reason to disbelieve her testimony as no respecting woman would come forward..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Electricity Supply Code, 2007 - Electricity theft - Raising of demand - It is alleged by respondent in his complaint that appellant No.2 made a demand of Rs.15,000/- as bribe from him when he refused to oblige he gave threats to him that he will put a heavy penalty of theft upon him - Rs.10,000/- given by..........
Indian Penal Code, 1860, Section 304(Part II), 330 -- Custodial death - Deceased was illegally detained without any records in police custody to procure information regarding theft in which he was suspect - Appeal against conviction - As per statement of witness deceased was taken by police officer and kept there for 2 days with objective to get confessional statement and..........
Electricity -- Seals of electric meter tampered, found fabricated and fake - Physical test that seals are fake is not sufficient - M&T Department is the only competent authority to give report about tampering of seals and meter - - To check the genuineness of the seales of electric meter, a test by M&T is required - In the absence of report of M&T Department the fact of..........
Electricity Act, 2003, Section 135 -- Theft of electricity by putting wire on L.T. line - Formula adopted for calculating loss in terms of money on account of alleged theft of electricity faulty not warranting inference that electricity was consumed five hours in a day - Spot panchnama not proved by prosecution - Held, evidence not sufficient to connect the accused with..........
Indian Penal Code, 1860, Section 323,354 -- Hurt and outraging modesty of woman - Accused allegedly caught hold of complainant from her breast and torn out her clothes - Medical evidence in tune with complainant version - Contention of accused that husband of complainant had lodged case of theft against accused and thereby pressurizing accused, repelled - Held,..........
Indian Penal Code, 1860, Section 364A, 379 -- Kidnapping for ransom and theft - Accused allegedly kidnapped victim for ransom - Evidence of victim itself that house where he was confined and from where he was recovered, belongs to accused - Mobile from which call was made belonged to accused - According to victim, accused were present at place of confinement and also at..........
