Court : Delhi
Reported in : 15(1979)DLT129
..... owner has concurrent rights with the bailee against the sub- bailee ; and if the owner has consented to the sub-bailment he will be bound by the terms of the sub-bailment contract. 'where under a contract of bailment the owners of a chattel had deprived himself of his right to its use of possession for a time, as in the case of hiring for ..... he need prove only that 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 sub-bailee will presumably be ..... note the commentary at pages 650 and 651 which is as under :- p. 650 'bailment is necessarily dealt with by the contract act only so far as it is a kind of contract. it is not assumed that without an enforceable contract there cannot in any case be a bailment. bailment is a relationship suigeneris and unless it is sought to increase or diminish the burdens ..... the bailor, unless protected by the law relating to sales in market overt or by the factories act 1889. (29) in chitty on contract's volume ii, chapter 2, in paragraph 169, it is observed as under :- 169.'sub bailment (30) the bailor may, however, have given the bailee actual or ostebsible authority to sub-bail the chattel to the third person .....Tag this Judgment!
Court : Andhra Pradesh
..... goods, as the goods had to be acquired thereafter from the supplier. it is difficult, therefore, to hold that it is a bailment agreement. as is evident from section 148 read with section 160 of the indian contract act, a bailment contract entails the return of goods in an identical form. after entrustment of the goods, and after the purpose of entrustment is accomplished ..... on behalf of the owner, at the facility site; and to store at the facility site as designated by the owner under the terms and conditions of bailment. in terms of the alstom gvk contract, a material received/issued certificate is prepared under which the material is handed over for storage, erection and commissioning. clause 2.3 (iii) of the seimens power ..... 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 were in movement from one ..... such an agreement can be entered with the bailor (owner) only when the bailor is in possession of the goods; the essence of a bailment is a transfer of possession, and not ownership; and the contract of bailment would require the goods to be returned in the very same condition, and not in a completely different form; while the owner is said to .....Tag this Judgment!
Court : US Supreme Court
..... ineffective with respect to much that it was manifestly intended to prohibit. thus, a broiler contractor might furnish hatching eggs or chicks to a producer under a bailment contract where title remained in the contractor; or a canning company might furnish seeds or tomato plants to a producer under a similar arrangement. no 'purchase or ..... changes include the growing integration of production and marketing of agricultural products, the increased control of these functions by large, diversified corporations, and the expanded use of contracting by such corporations to meet their needs. developments such as these weaken the marketing and bargaining position of individual producers. " hearings on s. 109 before a ..... handlers" from interfering with the "producers'" right "to join together voluntarily in cooperative organizations as authorized by law." 2301. in doing so, congress legislated specifically to protect contract growers from integrated broiler producers. section 4(b) of the act prohibits a "handler" from discriminating against "producers" with respect to any term "of purchase, acquisition or ..... with v. benson & t. witzig, the chicken broiler industry: structure, practices, and costs (dept. of agriculture, economic rep. no. 381, 1977). see generally e. roy, contract farming and economic integration, ch. 4, "broiler chickens" (2d ed.1972); department of agriculture, packers and stockyards administration, the broiler industry: an economic study of structure, practices and problems .....Tag this Judgment!
Court : Gujarat
Reported in : (1984)1GLR237
..... and it would be a startling thing to say that persons sue juris are not at liberty to enter into such a contract of bailment as they may think fit. contracts of bailment are very common, although they are not always called by their technical name. i can see no reason why a man ..... we see no adequate reason here to adopt the view of the learned dissenting judge.it would, therefore, seem that the scheme of the contract act regarding bailment sections has been considered in the above case, but only in the context of carriage by sea and not in the context of a ..... of equal strength which 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 in the aforesaid ..... apply to carriage by sea. i exclude of course inland navigation. there is some difference of opinion in certain high courts as to whether the bailment sections of the indian contract act apply to carriage by sea. but in sheik mohamad ravuther v. the british india steam navigation co. ltd. (1908) ilr 32 mad ..... aforesaid official assignee's case 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 .....Tag this Judgment!
Court : Mumbai
Reported in : (1954)56BOMLR944
..... to the parties to contract themselves out of the liability imposed upon them by sections 151 and 152 of the ..... indian contract act.16. it was contended on behalf of the plaintiff that in any case the ..... , but was discusing the provisions of section 176 of the indian contract act. in that case there is no considered decision of the court on the question, whether the provisions of section 151 of the contract act must be regarded as mandatory, and that the parties to a contract of bailment cannot contract themselves out of those provisions.15. in my view it was open ..... loss of goods delivered to them for transport.6. sections 151 and 152 of the indian contract act prescribe the amount of care required to be taken by bailees. a bailment for carriage is also governed by the provisions of sections 151 and 152 of the indian contract act, except where the carriage is by a common carrier. a person who engages in .....Tag this Judgment!
Court : Delhi
Reported in : AIR1991Delhi298; ILR1991Delhi634
..... 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 returned or otherwise disposed of according to the directions of the ..... .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 have exercised any prudent care for the safety of the truck, are liable for ..... a bailed and it was its duty to return the vehicles. an argument was raised by the state of gujarat that there was no bailment in that case nor could such bailment be inferred as s. 140 of the contract act, 1872 required that bailment could arise only under a contract between the parties. the court observed that this contention was not sustainable and that ..... bailment is dealt with by the contract act only in cases where it arose from a contract but it was not correct to say that there could not be a bailment without an enforceable contract. the supreme court observed that there was a legal obligation to preserve the property intact and also .....Tag this Judgment!
Court : Kerala
Reported in : AIR1991Ker209; 75CompCas619(Ker)
..... was a balance stock of 140 tonnes as on 30-11-1977. 50. in the light of the above discussion, the existence of a contract of bailment and the extent of the contractual liability for 140 tonnes are clearly established. 51. with the above finding fastening a liability on the part of ..... 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 twilight. we have had ..... of agency, the transaction can still have the mould and content of a contract of bailment. if a bailment is thus born, a placenta accompanying it, can be safely ignored. 34. possession is the soul and sustenance of a contract of bailment. the concept of possession itself is one beset with complications. even great ..... 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 ..... the advantage of three indian decisions which had explained different aspects of bailment from the point of view of the indian statute: .....Tag this Judgment!
Court : Chennai
Reported in : AIR1958Mad561; (1958)IIMLJ316; 9STC599(Mad)
..... effect to the dicta contained in these decisions, except to note it is assumed to be well settled that a hire-purchase is not a contract of bailment simply, but creates proprietory interests in the buyer. this however does not detract from the usefulness of observations such as are found in some of ..... difficulty. if finally the transaction results in an out and out sale, the constitutional difficulty put forward in the way of treating a contract which in part is one of bailment as a sale for the purpose of the levy of sales tax vanishes. the only problem is whether when a sale ultimately takes ..... or consideration for the sale.28. there was no evidence that the taxing authorities had included in the turnover of the petitioners any transaction which remained a bailment without getting perfected into a sale.29. mr. chengalvarayan next urged that the petitioners' case would be covered by explanation (iv) to the definition ..... of obtaining title to the vehicle by paying the instalments regularly. in such cases the property in the vehicle would remain with the petitioners, and the bailment element would alone represent the transaction, the option to purchase not being exercised ; and in these cases there would certainly be no sale, though there ..... also the element of sale. this and other authorities establish that a 'hire-purchase' is a complex contract transcending a mere bailment and conferring on the hirer a legal state. in the words of a modern writer, the interest of a hirer is .....Tag this Judgment!
Court : Mumbai
Reported in : (1965)67BOMLR138
..... true nature of the transaction, their lordships observed (p. 500) :there is, thus, no doubt that the agreement in question does contain not only a contract of bailment simpliciter but also an element of sale, which element has been, seized upon by the legislature for the purpose of subjecting a transaction like that to the sales ..... court considered the essential features of a hire-purchase agreement and observed (p. 113) :.it is well-settled that a mere contract of hiring, without more, is a species of the contract of bailment, which does not create a title in the bailee, but the law of hire-purchase has undergone considerable development during the last ..... and to sell. what is necessary to consider is whether the transaction in substance is a transaction of sale although an element of bailment is added to it, or whether it is contract of hiring with an added offer to the hirer to buy the hired article at his option.49. another case which may ..... any difficulty in coming to the conclusion that it is not a contract of bailment but one in which the element of sale forms an integral part of the contract. this element of sale has been brought in right from the inception of the contract by the option given to the buyer to buy the vehicle. it ..... also the element of sale.this and other authorities establish that a 'hire-purchase' is a complex contract transcending a mere bailment and conferring on the hirer a legal estate. in the words of a modern writer, the interest of a hirer is sui generis .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1964MP242; 15STC254(MP)
..... in 1962-2 scr 644: air 1962 sc 53 (supra):'there is thus no doubt that the agreement in question does contain not only a contract of bailment simpliciter but also an element of sale, which element has been seized upon by the legislature for the purpose of subjecting a transaction like that to ..... it now stands, which has now been crystallised into the section of the hire purchase act, quoted above, the transaction partakes of the nature of a contract or bailment with an element of sale, as aforesaid, added to it. in such an agreement, the hirer may not be bound to purchase the thing hired; ..... in the first case, sinha c. j., delivering the judgment of the court, said:'it is well settled that a mere contract of hiring, without more, is a species of the contract of bailment, which does not create a title in the bailee, but the law of hire-purchase has undergone considerable development during the last ..... has an option to retain the goods and an option to purchase, which he may or may not exercise, there is no contract of sale or agreement to sell so long as the bailments continues.' his further submission that there is no sale of goods as understood in the sale of goods act, 1930, even ..... a sum, nominal or otherwise.'it is thus plain that a hire-purchase agreement is not a contract of sale but a bailment. while the bailment continues, the property remains in the owner. again, it is not a conditional contract of sale as the hirer is not under any obligation to pay the whole price, though .....Tag this Judgment!