Criminal Procedure Code, 1973, Section 439 -- Bail - Opium recovered from room in dhaba - Room having no lock - Opium recovered on information of co-accused that applicant indulges in illicit traffic of opium but no information of fact that opium is lying in premises - In view of facts and circumstances of case and without expressing any opinion on merits of case, bail..........
Partnership Act, 1932, Section 69 -- Partner - Forcible breaking lock of shop of partnership firm and taking away certain articles lying therein - Suit for damages - Such suit is not a suit for enforcing right arising out of contract or for enforcing a right conferred by Partnership Act - Such suit is essentially a suit for damages for misconduct and is not barred by S.69..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance policy -Theft - Exclusion clause - Case of the complainant that theft committed by `A' the Depot Manager of the complainant Society - No material produced to show that when they found that lock was broken open and force was used to make entry into godown - Exclusion clause in the policy also attracted as the Depot..........
Transfer of Property Act, 1882, Section 106, 116 -- Expiry of lease period - Landlord has no right to enter his own building - Landlord can evict tenant through due process of law only i.e. by filing a suit or other proceedings - Even when tenant is in arrears of rent landlord has no right to evict the tenant forcibly or put a lock on the same...........
Insurance policy -- Insurance claim - Repudiation - Exclusion clause - There is no evidence on record that anybody has obtained the key to the Safe or any duplicate thereof by threat or by violence - There is no evidence that any outsider entered the premises and committed theft - There was nothing on record to suggest that someone secretly entered the premises and broke..........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Unlawful assembly - Common object - Animosity between parties over ancestral property - Appellants holding weapons came down from house of accused `K' and came to the temple where deceased was present - `K' while exhorting others to liquidate the deceased dealt blows with a hard and blunt substance on his head -..........
Telephone -- Inflated bill - Complainant using STD facility and had dynamic STD lock facility - Complainant admitted he did not keep the STD facility locked - Possibility of misuse at the premises of complainant could not be ruled out - Order of the District Forum allowing the complaint and revising the bill liable to be set aside...........
Telephone -- Alleged excessive billing - Spurt in calls only after the complainant-appellant had provision of ISD facility - Investigation conducted by department for relevant period found that the calls were correctly recorded - The Exchange is an Electronic Automatic with facility called Dynamic Locking System - The Telephone can be used for STD and ISD facilities after..........
Airlines -- Complainant deposited two bags at New York Airport - On arrival at New Delhi she found that the lock of one suit case was broken and some items were pilfered - Alleged loss amounting to 1000 US dollars - District Forum directing Airlines as well as other two OPs to pay the amount with interest @ 9% - Awarding compensation and costs - Held that OPs No.2 and 3..........
Agreement to sell -- Suit for specific performance - As per terms of agreement it has to be performed by a certain date - Agreement stood cancelled as it could not be performed by a specific date - Defendants informed plaintiff by a registered letter at its usual address - Letter returned unserved with endorsement that factory was under lock out - By return of letter a..........
