The respondent further alleged that a case under section 409 of the Indian Penal Code as well as s. 29 of the Police Act had been registered against Mohd.
Amir companyld number be apprehended.
Ralia Ram then made repeated demands for the return of the gold which had been seized from him, and since he companyld number recover the gold from the police officers, he filed the present suit against the respondent in which he claimed a decree that the gold seized from him should either be returned to him, or in the alternative, its value should be ordered to be paid to him.
plaintiff companypany claimed damages against the Secretary of State for India for the damage caused by the said accident.
Amir for an offence of misappropriation and his evidence shows that Mohd.
On the 21st September, 1947 he was released on bail, and some time thereafter the silver seized from him was returned to him.
The trial Court found in favour of the appellant on both these issues, and since the gold in question companyld number be ordered to be returned to the appellant, a decree was passed in its favour for Rs.
It was urged that the respondent was number liable to return either the gold, or to pay its money value.
Appeal from the judgment and decree dated March 18, 1960 of the Allahabad High Court in First Appeal No.
The respondent alleged that the gold in question had been taken into custody by one Mohammad Amir, who was then the Head Constable, and it had been kept in the police Malkhana under his charge.
His belongings were then searched and he was taken to the Kotwali Police Station.
According to the learned Judge, the servants were thus liable for the injury caused by their negligence.
S. K. Sastri and M. S. Narasimhan for P. Keshava Pillai, for the appellant.
The accident which gave rise to the action took place on the highway, and it was caused by the negligence of the servants of the Government who had been employed in the Government dockyard at Kidderpore.
Amir, but numberhing effective companyld be done in respect of the said case because in spite of the best efforts made by the police department, Mohd.
The Malkhana was accordingly checked and it disclosed that companysiderable properties kept in the Malkhana were missing.
Ganga Prasad then refers to the investigation carried out against Mohd.
He swears that Mohammad Amir who was in charge of the Malkhana, had fled away to Pakistan without delivering the keys to any one and without obtaining permission for leaving his post of duty.
V. Viswanatha Sastri and O. P. Rana, for the respondent.
These pleas have been upheld by the High Court.
The appellant then moved for and obtained a certificate from the said High Court and it is with the said certificate that it has companye to this Court by an appeal.
He found that the defendants servants were wrongdoers inasmuch as they carried the iron funnel in the centre of the road.
Amir, however, misappropriated the gold and fled away to Pakistan on the 17th October, 1947.
Amir had absconded, and since the police department was unable to apprehend him from Pakistan, the investigation in question became ineffective.
He was Class II Officer in Meerut Kotwali at the relevant time.
Alternatively, it was pleaded by the respondent that this was number a case of negligence of the police officers, and that even if negligence was held proved against the said police officers, the respondent State companyld number be said to be liable for the loss resulting from such negligence.
It has found that numbernegligence had been established against the police officers in question and that even if it was assumed that the police officers were negligent and their negligence led to the loss of gold, that would number justify the appellants claim for a money decree against the respondent.
355 as interest by way of damages as well as future interest.
The respondent challenged the companyrectness of this decree by an appeal before the Allahabad High Court and it was urged on its behalf that the trial Court was in error in regard to both the findings recorded by it in favour of the appellant.
On the 20th September, 1947 Ralia Ram arrived at Meerut by the Frontier Mail about midnight.
Me said servants were carrying a piece of iron funnel, and the manner in which they were carrying the Said funnel caused an injury to one of the horses that were drawing the plaintiffs carriage.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Ralia Ram was one of its partners.
The Judgment of the Court was delivered by Gajendragadkar C. J. The short question of law which arises in this appeal is whether the respondent, the State of Uttar Pradesh, is liable to companypensate the appellant, M s. Kasturilal Ralia Ram Jain for the loss caused to it by the negligence of the police officers employed by the respondent.
Whilst he was passing through the Chaupla Bazar with this object, he was taken into custody by three police companystables.
He had also misappropriated some other cash and articles deposited in the Malkhana before he left India.
The suit was tried by the Small Cause Court Judge at Calcutta.
He was, however, number clear on the question of law as to whether the defendant Secretary of State companyld be held liable for the tortious act of the Government servants which led to the accident.
11,430 10 0.
On the 26th October, 1947, Ganga Prasad returned the silver articles to the appellant.
105 of 1963.
67 of 1950.
The appellant is a firm which deals in bullion and other goods at Amritsar.
It was duly registered under the Indian Partnership Act.
This question arises in this way.
This claim was resisted by the respondent on several grounds.
11,075 10 0 as the price of the gold and Rs.
Gold was, however, number found in the Malkhana, and so, it companyld number be returned to it.
His object in going to Meerut was to sell gold, silver and other goods in the Meerut market.
The alternative claim thus made by him companysisted of Rs.
He was detained in the police lock up there and his belongings which companysisted of gold, weighing 103 tolas 6 mashas and 1 ratti, and silver weighing 2 maunds and 6 1/2 seers, were seized from him and kept in police custody.
