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october 1957

Supreme Court of India · 1957-10-29

DHIAN SINGH SOBHA SINGH & ANOTHER vs THE UNION OF INDIA

Citation / case number
SC 1954/90271
Court
Supreme Court of India
Petitioner
DHIAN SINGH SOBHA SINGH & ANOTHER
Respondent
THE UNION OF INDIA
Bench
BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court held that in cases of wrongful detention by a bailee, the bailor has the right to elect between remedies for wrongful conversion or wrongful detention. The Court clarified that if the bailor opts for wrongful detention, the bailee cannot compel the bailor to choose otherwise due to the bailee's wrongful actions. The measure of damages for wrongful detention is determined by the value of the goods at the date of judgment, not at the date of the tort, as the cause of action is continuing until delivery is made or compelled by court decree. The appeal was allowed, reversing the lower courts' decisions regarding damages and the assessment of value.

DHIAN SINGH SOBHA SINGH & ANOTHER vs THE UNION OF INDIA · Niyam