Court : Mumbai
Reported in : [2005(105)FLR570]; (2005)IILLJ700Bom
..... without authority. it cannot be disputed that section 171 of the indian contract act does provide for general lien in favour of the bankers. it provides that 'bankers, factors, wharfingers ..... for the petitioner however is that the court below ignored the provision of section 171 of the indian contract act which assures the petitioner to have general lien over whatever the assts of the respondent company available to the petitioner and considering the same, the continuation of custody of those shares with the petitioner was fully justified and it cannot be said to be ..... , attorneys and policy-brokers may, in the absence of a contract to the contrary, retain as a security for a general balance of account, any goods bailed to ..... of the contract act cannot have overriding effect over and above the priority of the labour dues considering the decision of the apex court in rohtas industries case (supra) read with the decision of allahabad bank's case (supra). there being no case made out of collusion between the respondent no. 1 and the respondent no. 2 to secure the custody of the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1928Bom225; (1928)30BOMLR470
..... .r. (1887) bom. 704. that a servant entrusted by his master with the custody of goods during his absence was not in juridical possession of the goods which would enable him to make a valid pledge under section 178 of the indian contract act. in seager v. hukma kessa i.l.r. (1900) bom. 458& 2 bom ..... of bombay : (1910)12bomlr316 , but their lordships of the privy council declined to express any opinion on the proper construction of section 178 of the indian contract act, and held that the bank of bombay having returned the goods to the warehouseman by whom they were deposited without any notice of any claim by any ..... that the plaint pawn did not bind the plaintiff as baburao was not in juridical possession of the ornaments within the meaning of section 178 of the indian contract act, and ordered defendants nos. 2 to 4 to restore the articles pawned with them or their value rs. 1,500. on appeal, the learned ..... possession or custody.4. in the present case it is clear that baburao was not empowered by the power of attorney to deal with the moveable property. his possession was merely the possession of a servant, and could not be said to be juridical possession within the meaning of section 178 of the indian contract act. the ..... question is whether the defendants nos. 2 to 4 can claim a valid pledge of such ornaments under section 178 of the indian contract act. three conditions are necessary under section 178: firstly, that the pawner must be in possession of the goods; secondly, that the pawnee .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1983Bom88; 1983(2)BomCR185; (1982)84BOMLR509
..... been filed with all requisite particulars in respect thereof.sd/-docks manager'.the port trust authorities claim a general lien under section 171 of the indian contract act, 1872 in respect of the goods which come into their custody of importers who have for any reason not paid the port trust charges such as wharfage, carnage, storage, demurrage or any other dues in respect ..... , which is hereby withdrawn. the board of trustees of the port of bombay have been advised that under section 171 of the indian contract act, 1872. they have a general lien which they can exercise on the goods which come into their custody of importers, exporters, owners, consignees who have for any reason whatsoever not paid the port trust charges such as wharfage, carnage ..... to wharfinger is available only for wharfage charges and the said general lien is available only by custom or usage. the trail judge further held that section 171 of the indian contract act deals with contractual bailments and has no application whatsoever to other kinds of bailment which are not contractual in nature. it was further held that the port trust is not ..... his return duly sworn on november 27, 1980. by this return. it was claimed that the appellants are entitled to exercise general lien as provided by s. 171 of the indian contract act, the appellants being the wharfingers. the claim made by the respondents about the validity of the circular was denied.7. the learned trial judge delivered a common judgment in all .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2001SC1806; 2001(75)ECC225; 2001(129)ELT561(SC); JT2001(4)SC507; (2001)3MLJ51(SC); 2001(3)SCALE279; (2001)5SCC345; 2SCR1080
..... between the parties. section 170 of the indian contract act engraft the principle of bailee's lien, namely if somebody has received the articles on being ..... dated 18.1.99 must be held to be erroneous. the rival contentions require careful examination of the different provisions of the customs act, the contract act as well as the bills of lading.9. before examining the correctness of the rival submissions, one thing is crystal clear that ..... corporation of india limited and/or associated company on whose behalf the bill of lading has been signed. 8. the two provisions of the contract act, on which mr. dave, appearing for the appellant, strongly relied upon, may now be noticed. section 170 is the right of ..... the bills of lading act as well as the contract act, since the claim of both, the shipping corporation and container corporation, charging demurrage for the space occupied for the goods, not being released, is on account of the contract between them. under the indian bills of lading act, 1956, every consignee ..... the relationship between the importer and the carrier of goods in whose favour the bill of lading has been consigned and who has stored the goods in his custody, the relationship is governed by the contract .....Tag this Judgment!
Court : Kerala
Reported in : AIR2004Ker273; II(2004)BC192; 2005(1)CTLJ314(Ker); 2004(1)KLT273
..... stated thus: 'a bailee's liability extends to damage caused by the negligence of his servants acting in the course of their employment about the use or custody of the thing bailed;'. under section 152 of the indian contract act, the bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he ..... liability. learned counsel referred to us certain decisions, which includes bank's exemption from such liability. pollock & mulla on indian contract and specific reliefs acts, 10th edition at page 787, it is stated thus:'the learned authors considered that a contract by a bailee purporting to exempt himself wholly from liability for negligence was not valid, relying on the judgment of sankaran ..... and retained for the mortgagor the right of redemption freed from clogs on the equity of redemption. these have no statutory sanction as neither the transfer of property act nor the contract act applies to mortgages of moveables; they have been adopted from the law of mortgages of immovable properties as a matter of justice, equity and goods conscience. as ..... nair, j. in sheik mohamad v. the british indian steam navigation co. this opinion is based on the express provision for contracting out .....Tag this Judgment!
Court : Chennai
Reported in : 2003(151)ELT290(Mad)
..... is stated as that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. in the teeth of the above, the contention of the learned counsel that the port trust are only the licensee and the custody of the goods by the port trust in their warehouse would not make them liable for ..... section (2) of section 42 has been issued by it shall be that of a bailee under sections 151, 152 and 161 of the indian contract act. the said provisions of the contract act obliges the board to take such care of the said goods as a man of ordinary prudence would take of his own goods in similar ..... that in all these appeals, the goods were warehoused on filing the bill of entry. there is no confiscation here in this case. 29. under section 151 of the indian contract act, the bailee ..... . the goods were unloaded in customs area and later confiscated under section 111(d) and (m) of the customs act and the goods were not handed over and never be in the possession and custody of the port trust and the goods were in the transitory period. on the other hand, it is admitted fact ..... under a statute even if it is the custodian of the imported goods because of the provisions of the customs act, 1961, would be entitled to charge demurrages for the imported goods in its custody and make the importer or consignee liable for the same even for periods during which he/it was unable to .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1954SC181; 1SCR391
..... the learned counsel that the word 'possession' used in the section means nothing else but physical custody and whether there was consent of the owner or not has to be determined with reference to the definition of 'consent' as given in section 13 of the indian contract act. if there was consent in fact, it is immaterial that it was induced by fraud or ..... act, but which are defined in the indian contract act, shall have the same meaning as has been assigned to them in ..... the latter act. section 14 of the contract act defines the expression 'free consent' and a consent ..... word 'consent' as used in section 30(2) of the sale of goods act means 'agreeing on the same thing in the same sense' as defined in section 13 of the indian contract act. there is no definition of 'consent' in the sale of goods act itself, but section 2(15) of the act definitely lays down that the expressions used and not defined in the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1974SC923; (1974)4SCC710; 3SCR397
..... defaults in removing them within one month of the board coming into custody, special powers of disposal by public auction are given by section ..... making the goods deliverable (section 61a(2)). the span of statutory custody of the board is short but during that time its obligations are those of a bailee under sections 151, 152 and 161 of the indian contract act, 1872, omitting the words 'in the absence of any special contract' in section 152 of the contract act (section 61b).38. if the person entitled to the goods ..... act.let us interpret and apply.9. non-delivery of an article is an omission, not an ..... goods of which it has taken charge shall, subject to the other provisions of this act and subject also in the case of goods received for carriage by railways to the provisions of the indian railways act, 1890 be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872, omitting the words in the absence of any special last-mentioned .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 2004(1)CTLJ570(P& H); (2004)136PLR844
..... supra), the court has interpreted 'possession' appearing in section 178 of the indian contract act, 1872 as juridical possession as distinguished from mere physical possession or bare custody. it has been held that a servant or a relation entrusted by the owner with the custody of goods during his absence cannot be said to be in possession thereof ..... 'nemo dat quod non babet' i.e. no man can give a better title than he himself possess has an exception in section 178 of the indian contract act, which has been developed for the protection of commercial transitions. it was so held:'as a corollary of this fundamental rule, no one can pledge goods ..... has purchased goods from the plaintiff and thus, he has right to pledge the goods in terms of section 178 of the indian contract act, 1872. it. is further contended that any defect in the title of the defendant would not make the pledge illegal since the bank has ..... is a mercantile agent as contemplated under section 2(9) of the sale of goods act, 1930. it would be beneficial to reproduce the definition of mercantile agent as contained in sale of goods act and section 178 of the indian contract act, which read as under:'2(9). 'mercantile agent' means a mercantile agent having in ..... them as such and who is in possession of the goods.'the division bench has concluded that there are 5 elements in section 178 of the contract act, which are as follows:(1) the pledger must be a mercantile agent,(2) the pledger must be in possession of the goods or of title .....Tag this Judgment!
Court : Chennai
Reported in : (1993)1MLJ74
..... to assure ourselves that it is not in the language of section 140 or section 141 of the indian contract act that the court will always endeavour to find out whether the creditor was in actual custody of the security or not and that it was only on account of the negligence of the creditor ..... stated the law as follows:...11. after saying as above, the supreme court in this judgment, has added, it is true that section 141 of the indian contract act has limited the surety's right to securities held by the creditor at the date of his becoming surety and has modified the english rule that the ..... surety is entitled to the securities given to the creditor both before and after the contract of surety. but subject to this variation, section 141 of the indian contract act incorporates the rule of english law relating to the discharge from liability of a surety when the creditor parts with ..... judge, as has been contended before us by the learned counsel for the appellants that as provided under section 141 of the indian contract act, a surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the ..... hands.11. the supreme court has then added, 'subject to certain variations, which are not material for the matter under discussion, section 141 of the contract act incorporates the rule of english law relating to the discharge from liability of a surety when the creditor parts with or loses the security held by him .....Tag this Judgment!