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Judgment Search Results Home > Cases Phrase: bailment Page 1 of about 24,067 results (0.023 seconds)

Aug 06 1976 (HC)

Sardar Carbonic Gas Co. Vs. Sher-i-punjab Tading Co. and ors.

Court : Delhi

Reported in : 15(1979)DLT129

..... damage to the goods unless the latter is protected by an exception clause.' (37) from the above authoritative commentaries, it appears well settled that sub-bailment can arise even if there is no contract and the sub-bailee is bound by the obligations of the bailee qua the bailor. the contract act ..... the act of the sub-bailee was wholly inconsistent with the sub-bailee's duties qua bailee or with his contractual duties under the contract of sub-bailment i.e. he will not be oblige .1 to prove conversion or detineue according to ordinary principles of the law of tort. likewise, the ..... is frequently refarred to in english law as being the possessor. (28) further, where the bailee, by a wrongful dealing with the chattel, has determined the bailment, all their, persons, however, innocent, who purport in any way to deal with the property in the chattel are guilty of conversion and liable to the ..... reward. the sub-bailee also owe, concurrently, the same duties to the original bailee, whose obligations to the bailor are not extinguished by the sub-bailment, (24) the bailer has a light of action against the sub bailee for any breach of his duties either if the bailor has the right to ..... 11 being the sub-bailees or otherwise are liable to return the cylinders to the plaintiff, both under contractual obligations and the obligations annexed to the bailment or trust made by the plaintiff in respect of the said cylinders. it is further alleged that defendants 3 to 11 took the cylinders from defendants .....

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Aug 12 1982 (HC)

Board of Trustees of the Post of Bombay and ors. Vs. Sriyansh Knitters

Court : Mumbai

Reported in : AIR1983Bom88; 1983(2)BomCR185; (1982)84BOMLR509

..... of the contract act can arise only if there is a contractual relationship between the parties. reference was also made by shri desai to the observations made by palmer on 'bailment'. 1979 edition at page 494. the following passage was relied upon:--'most writers assume that the wharfinger has a customary, general lien upon goods deposited with him. in fact, ..... between the parties and it essentially gives rise to remedies which, in truth and substance, cannot be said to be contractual. that is why palmer has made the assertion that 'bailment is predominantly a tortious relationship' (page 36), and the two are fundamentally similar.'shri desai countered that submission by claiming that the right of general lien conferred on bankers, factors ..... under section 171 of the contract act to wharfinger is available to board even thought there is not contractual relationship between the board and the consignee because of the possessory bailment in favour of the board. the learned counsel submitted that the services performed by the board of receiving the goods and storing it till cleared by the consignee on presentation ..... is no existing contractual relationship between the appellants and the respondents. the respondents claimed that the provisions of section 171 of the indian contract act deal only with the contractual bailments. it was further claimed that port trust is not bailee of consignees but only of ship-owners. the respondents also claim that the major port trusts act is a complete .....

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Aug 26 1980 (HC)

The Trustees of the Port of Bombay Vs. the Premier Automobiles Ltd.

Court : Mumbai

Reported in : (1981)83BOMLR28

..... of the board is no more than that of a bailee under sections 151, 152 and 161 of the contract act. as we have pointed out, bailment is a concept correlated to possession, and when that is admittedly not contradicted in this case, it is really a liability in tort and the so-called ..... be said to be contractual. that is why palmer has made the assertion that 'bailment is predominantly a tortious relation' (page 36), and the two are fundamentally similar.12. it follows, therefore, that as the claim in the present case ..... if that possession is within the knowledge of the person concerned. it follows that a bailment may very well exist without the creation of a contract between the parties and it essentially gives rise to remedies which, in truth and substance, cannot ..... concerned, it was clearly that of a bailee, subject of course to the reservations provided by the section. what then is the nature of a bailment? it may be mentioned that we have gone through the pleadings and there is no justification for the view that the plaintiffs based their claim on ..... and essentially subject to the limitations of an agreement, and the notion of privity need not be introduced in an area where it is unnecessary, for bailment, as we have said, arises out of possession, and essentially connotes the relationship between a person and the thing in his charge. it is sufficient .....

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Mar 18 1998 (HC)

Punjab Breweries Limited Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : (1998)120PLR423

..... disposed of according to the directions of the respondents, within the meaning of section 148 of the contract act, which defines the expression 'bailment'. the definition reads : 'a 'bailment' is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is ..... is no express or limited contract for the sale of bottles has no substance. further, according to section 148 of indian contract act, 1872 bailment is delivery of goods by one person to another for some purpose upon a contract that they shall when purpose is accomplished, be returned to ..... in view of the fact that the assessing authority, the appellate authority and the tribunal have concurrently held that the transaction in question does not constitute bailment within the meaning of section 148 of the contract act, 1872 but amounts to sale, the petitioner cannot escape the liability to pay the tax. ..... is no express or implied contract for the sale of bottles has no substance. further, according to section 148 of the indian contract act, 1872 bailment is delivery of goods by one person to another for some purpose, upon a contract that they shall, when purpose is accomplished, be returned to ..... with the orders passed by the assessing and the appellate authorities and upheld the additional demand by holding that it was not a case of bailment but of sale. the relevant portion of the order passed by the tribunal on february 22, 1990 dismissing the appeal of the petitioner in .....

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Aug 31 1990 (HC)

Vijaya Bank Vs. United Corporation and ors.

Court : Kerala

Reported in : AIR1991Ker209; [1992]75CompCas619(Ker)

..... those bearing nos. 452, 460 and 463. the goods seized were from the godown 460 whereas the goods which are the subject-matter of the bailment with the plaintiff had been stored in the other two godowns. consequently, the proceedings in the civil and criminal cases could not in any way ..... against that lot of the goods kept in the 1st defendant's godown distinctly and separately, and not from the stock of goods held under bailment with the bank. 58. the commissioner appointed in the case has given useful report and furnished relevant information to decide this issue. the commissioner ..... on the maintenance and up keep of the goods received from different parties and at different times in distinct and separate lots. (vide palmer on bailment). 57. admittedly, the goods which are the subject matter of the seizure of the civil court and of the criminal proceedings, had been received ..... twilight. we have had the advantage of three indian decisions which had explained different aspects of bailment from the point of view of the indian statute: dhanraj mills ltd. v. laxmi cotton traders, air 1960 bombay 404, nadar bank ltd. v ..... while considering this question, some contentions can be referred to and the legal position examined in the background of such contentions. 29. the law of bailment is encapsulated in section 141 of the indian contract act. the explanation to the section illumines areas which might have been otherwise hazy as in a .....

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Aug 26 1980 (SC)

Trustees of the Port of Bombay Vs. Premier Automobiles Ltd.

Court : Supreme Court of India

Reported in : AIR1981SC1982; (1981)1SCC228; [1981]1SCR532

..... of the board is no more than that of a bailee under sections 151, 152 and 161 of the contract act. as we have pointed out, bailment is a concept correlated to possession, and when that is admittedly not contradicted in this case, it is really a liability in tort and the so-called ..... be said to be contractual. that is why palmer has made the assertion that 'bailment is predominantly a tortious relation' (page 36), and the two are fundamentally similar.12. it follows, therefore, that as the claim in the present case ..... if that possession is within the knowledge of the person concerned. it follows that a bailment may very well exist without the creation of a contract between the parties and it essentially gives rise to remedies which, in truth and substance, cannot ..... concerned, it was clearly that of a bailee, subject of course to the reservations provided by the section. what then is the nature of a bailment? it may be mentioned that we have gone through the pleadings and there is no justification for the view that the plaintiffs based their claim on ..... and essentially subject to the limitations of an agreement, and the notion of privity need not be introduced in an area where it is unnecessary, for bailment, as we have said, arises out of possession, and essentially connotes the relationship between a person and the thing in his charge. it is sufficient .....

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Mar 30 1983 (HC)

Mahendrakumar Chandulal Vs. Central Bank of India

Court : Gujarat

Reported in : (1984)1GLR237

..... have taken inconsistent views regarding the group of sections dealing with bailment of the indian contract act, 1872 and the supreme court has not so far resolved the said controversy so as to declare that view expressed ..... 48 blr 828 has not been referred to in this binding judgment. the scheme of the contract act pertaining to the group of sections regarding bailment has also not been considered in this judgment.33. the aforesaid analysis shows that there are binding decisions of division bench of equal strength which ..... same. in lakhaji dollaji's case (supra), the division bench has not examined the scheme of the contract act regarding the group of section concerning bailment as has been previously done in the dissenting judgment of sankaran nair, j. in sheik mohamad ravuther's case (supra) or has been subsequently ..... as aforesaid after examining the scheme of the contract act. while doing so, the learned chief justice had considered the group of sections dealing with bailment. sections 151 and 152 of the contract act form part of the same group. the division bench of the bombay high court to all intents ..... english judges construe the terms of every agreement very strictly against the shipowner. the rule has not been accepted in america. the indian law on bailment is not the same as english law on a material and relevant point. the common carriers statute of 1830 is different in this respect from .....

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Oct 24 1997 (HC)

Jagdish Chandra Trikha Vs. Punjab National Bank and ors.

Court : Delhi

Reported in : 1997VIAD(Delhi)753; AIR1998Delhi266; 4(1996)CLT513; [2000]100CompCas839(Delhi); 69(1997)DLT874

..... him opportunity of inspecting the box and itscondition, acted in circumstances which raise suspicion that someone interfered with the contents of the box during the bailment and for that reason the original wrappers and the seals were so damaged that the same had to be discarded or placed under a new ..... bailor and bailee comes into existence between persons who take on rent a locker in a safe deposit vault and the bank. section 148 defines 'bailment' as 'the delivery of goods by one person to another for some purpose, upon a contract that they shall,when the purpose is accomplished, ..... merchandise, than the safety of valuables, which is the banks' special concern.lt is generally considered (though opinions to the contrary have been expressed) that bailment is not implied in the ordinary banker and customer relationship, i.e. there isno obligation on a bank to accept property from a customer for safe ..... .g. reddy in 'the law relating to banking' the care as required by the bailee has been discussed as follows (pages 81-82):(iv)bailmenta bailment arises where personal property is delivered by one patry (the bailor) to another party (the bailee) on a condition express or implied that the property ..... was required to be taken by the bailee in the discharge of its contractual obligations. these two provisions of law may be reproduced hereunder:'148.a bailment' is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, .....

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Sep 14 2015 (HC)

M/s. Larsen and Toubro Ltd. Vs. State of Andhra Pradesh rep. by its Pr ...

Court : Andhra Pradesh

..... the various clauses referred to herein above (such as the title clause, the post-delivery inspection clause, the taking over certificate clause etc.) make it clear that, notwithstanding the bailment/free issues, and liquidated damages clauses, the parties to the contract intended that the title to the goods would be transferred from the contractor to the owner only after erection ..... finding recorded by the revenue in this regard, in the impugned orders, cannot be said to be perverse necessitating interference under article 226 of the constitution of india. (vii) bailment/free issues clauses: it is contended, on behalf of the petitioners, that the petitioners effect inter-state sale and transit sale of goods to the owners in telangana and andhra ..... orders impugned in these writ petitions, the respondent-authorities have held that it does not. the petitioners rely on the transit insurance clauses, the liquidated damages clauses, and the bailment/free issues clauses in the subject contracts in support of their submission that the sale of goods, by the petitioners-contractors to the owners, is only when the goods ..... indicate that they are two separate contracts, in substance they are one single indivisible works contract for supply of material and for erection and installation of equipment. existence of a bailment clause or a free issues clause does not alter the situation. reliance placed by the petitioners on larsen and toubro ltd. [supra]is misplaced. mere general observations, or casual .....

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Jan 08 1991 (HC)

The New India Assurance Co. Ltd. and Another Vs. the Delhi Development ...

Court : Delhi

Reported in : AIR1991Delhi298; ILR1991Delhi634

..... a receipt and charged rs.3/- for the safe keeping of the vehicle for a period of 24 hours. immediately at that time a contract of bailment came into being, the defendants as bailee having failed to deliver the vehicle back to the second plaintiff within the contracted period and not having shown to ..... had led evidence in that case that the car had been kept in a careless manner in the workshop where inflammable material was kept.10. essence of bailment is possession. the possession of the truck was handed over to the defendants when the truck was parked in the parking centre of the defendants. the ..... the proper time, he is responsible to the bailor or any loss, destruction or deterioration of the goods from that time. under english law also a bailment is a delivery of goods on condition that the recipient shall ultimately restore them to the bailor; they may, thus, be hired or lent or pledged or ..... in the possession of the intended bailee or of any person authorised to hold the on his behalf. s. 151 prescribes that in all cases of bailment the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take ..... delivered at the proper time, the defendants were responsible for any loss occasioned to the plaintiffs. u/ s. 148 of the indian contract act, 1872, a bailment is defined as the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be .....

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