PROF. SUMER CHAND versus UNION OF INDIA AND ORS.

PROF. SUMER CHAND versus UNION OF INDIA AND ORS.

If acts complained of have reasonable connection or nexus with police officers' statutory duties, the suit falls under Section 140, Delhi Police Act, and must be filed within three months and with required notice; otherwise, it is barred by limitation and not maintainable.

Source-derived case information.

Parties
Appellant: Prof. Sumer Chand; Respondent: Union of India; Respondent: Respondent No. 3 (Vijay Malik, S.H.O.); Respondent: Respondent No. 4 (Kripa Shankar Bhatnagar, Police Inspector)
Jurisdiction
India
Judgment Date
07 September 1993
Procedural Posture
Civil Appeal / Supreme Court Final Decision (appeal From Delhi High Court)
Outcome
Appeal dismissed
Legal Topics
Malicious Prosecution, Limitation Periods, Statutory Construction, Police Immunity
Torts Police Law Limitation Law Malicious Prosecution Limitation Periods Statutory Construction Police Immunity

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Parties

Prof. Sumer Chand

Appellant

Union of India

Respondent

Respondent No. 3 (Vijay Malik, S.H.O.)

Respondent

Respondent No. 4 (Kripa Shankar Bhatnagar, Police Inspector)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Decision (appeal From Delhi High Court)

Legal Issues

  1. 1 Whether limitation for suits for malicious prosecution against Delhi Police is governed by Section 140 of Delhi Police Act or Article 74 of Limitation Act
  2. 2 Whether the suit was barred by limitation and maintainable without notice under Section 140 of Delhi Police Act
  3. 3 Scope of 'colour of duty' under Section 140 Delhi Police Act

Ratio Decidendi

If acts complained of have reasonable connection or nexus with police officers' statutory duties, the suit falls under Section 140, Delhi Police Act, and must be filed within three months and with required notice; otherwise, it is barred by limitation and not maintainable.

Court Disposition

Appeal dismissed

Orders

  • Suit against police respondents barred by limitation and not maintainable for lack of notice; appeal dismissed without costs