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Judgment Search Results Home > Cases Phrase: pawnee contract Page 1 of about 118,581 results (0.228 seconds)

Oct 27 1941 (PC)

Visalakshi Ammal and ors. Vs. the Coimbatore Janopakara Nidhi Limited, ...

Court : Chennai

Reported in : (1942)1MLJ44

..... e., juridical possession such that an owner has. section 178-a says that where the pawnor has obtained possession of the goods under a voidable contract, a pawnee gets a good title provided the pledgee acts in goad faith and without notice of the pawnor's defect of title. this means that but ..... of the above infirmative circumstances? entrusting a person with goods for safe custody is a -species of bailment. bailment is a contract under section 148 of the contract act. if the contract of bailment is vitiated by fraud or misrepresentation or undue influence, even then the goods can be the subject of a ..... apply because it is confined to cases of mercantile agents. section 178-a does not apply because possession of the goods was not obtained under a contract which is voidable under sections 19 and 19-a for coercion, undue influence, fraud or misrepresentation.4. it was urged that by the recent ..... pawnor has not authority to pledge.178-a : where the pawnor has ob- provided that the pawnee acts intained possession of the goods pledg- good faith, and under circumstancesed by him under a contract voidable which are hot such as to raise a reasonableunder section 19 or section 19-a, but the ..... presumption, that the pawnorcontract has not been rescinded at the is acting improperly : time of the pledge, the pawnee ac- provided also that such goods orquires .....

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Jun 09 2006 (HC)

In Re: Vaishu Engineering Industries Ltd.

Court : Andhra Pradesh

Reported in : 2006(5)ALD115

..... bank of bihar v. the state of bihar : air1971sc1210 , which was not appreciated by the learned company judge.4. section 172 of the contract act defines 'pledge', 'pawnor' and 'pawnee', and according to this section, the bailment of goods as security for payment of a debt or performance of a promise is called 'pledge'. ..... retain the goods pledged. in terms of section 176 of the contract act, if pawnor makes a default in payment of the debt or performance at the ..... this part of the order is the bone of contention in the present appeal.3. the contention of the appellant-bank is that in terms of the contract act, the bank was a pledgee and amounts advanced to the company in liquidation were secured and section 529a of the companies act, 1956 (hereinafter ..... stipulated time in respect of which the goods were pledged, the pawnee has a right to bring a suit against the pawnor upon the debt ..... the bailor is in this case called the 'pawnor'. the bailee is called 'pawnee'. in terms of section 173 of the contract act, pawnee has a right to .....

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Jun 09 2006 (HC)

In Re: Vaishu Engg. Industries Ltd.

Court : Andhra Pradesh

Reported in : [2007]80SCL171(AP)

..... bank of bihar v. state of bihar : air1971sc1210 , which was not appreciated by the learned company judge.4. section 172 of the contract act defines 'pledge', 'pawnor' and 'pawnee', and according to this section, the bailment of goods as security for payment of a debt or performance of a promise is called 'pledge ..... retain the goods pledged. in terms of section 176 of the contract act, if pawnor makes a default in payment of the debt or performance at the ..... the respondent company-in-liquidation had pledged goods in favour of the bank, within the meaning of expression under section 172 of the indian contract act, 1872 ('the contract act'). the goods pledged were lying in the factory premises of the company-in-liquidation when the sale took place. the 11th respondent, ..... stipulated time in respect of which the goods were pledged, the pawnee has a right to bring a suit against the pawnor upon the ..... '. the bailor is in this case called the 'pawnor'. the bailee is called 'pawnee'. in terms of section 173 of the contract act, pawnee has a right to .....

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Apr 23 1976 (HC)

Kailaschand Khusalchand Bakliwal Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1977)79BOMLR449

..... incurred by him in respect of the possession or for the preservation of the goods pledged. under section 174, in the absence of a contract, a pawnee is not entitled to retain goods pledged for any debt or promise other than the debt or the promise for which they are pledged, though ..... which must follow is that the pledged article must be returned to the pledge in accordance with the provisions of the contract act. section 173 of the contract act enables the pawnee to retain the pledge not only for payment of the debt but also for the interest of the debt and also ..... other commodities. in the complexities of modern conditions, in their wide sweep are included carriage of persons and goods by road, rail, air and waterways, contracts, banking, insurance transactions in the stock exchanges and forward markets, communication of information, supply of energy, postal and telegraphic services and many more activities- ..... it is further provided that such contract in the absence of anything to the contrary shall be presumed in regard to subsequent advances made by the pawnee. under section 160, which is a section which deals with bailments, it is clearly provided ..... pawned article is not for any reason available, the pawnee will be bound to pay the value thereof in lieu of the article. section 9, therefore, does nothing more than give effect to the right of the pawnor as provided in the contract act. indeed, it is expressly a provision in respect .....

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Mar 19 2015 (HC)

Rani Leasing and Finance Ltd. Vs. Sanjay Khemani

Court : Kolkata

..... at the stipulated time of the promise in respect of which the goods were pledged. the first option granted to the pawnee under section 176 of the contract act, 1872 is that he may bring a suit against the pawnor upon the debt or the promise and retain the goods pledged as ..... sale should be arranged beforehand and due notice of all details given to the pawnor. section 176 of the contract act, 1872 allows the pawnee to opt for the time of the sale. section 177 of the contract act, 1872 allows the pawnor to redeem the thing pledged upon payment of the debt due. the pawnor ..... to pay the balance. if the proceeds of the sale are greater than the amount so due, the pawnee shall pay over the surplus to the pawnor. . section 176 of the contract act, 1872 allows the pawnee two options in the event the pawnor makes a default in the payment of the debt or the performance ..... on giving the pawnor reasonable notice of the sale. learned counsel for the defendant contends that a pawnee must mitigate the damages under section 73 of the contract act, 1872 while acting under section 176 of the contract act, 1872. mitigation of losses as a principle would have no manner of application in the first ..... option given to a pawnee under section 176 of the contract act, 1872. the pawnee is at liberty to retain the goods pledged as collateral security and bring a suit against the pawnor upon the debt or .....

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Jul 23 1924 (PC)

S. Krishnaswami Aiyangar and anr. Vs. V.S. Gopalachariar and anr.

Court : Chennai

Reported in : AIR1925Mad185

..... this kind, is article 145, under which he has 30 years to bring a suit. the learned judge has taken the view that the suit is not based upon a contract, but upon tort, inasmuch as the plaintiff stated that the defendants were in wrongful possession of the jewels. in a case like this, where no evidence has been adduced, it ..... fail to appreciate the argument on behalf of the respondents; for, in the case of a bailee, or depository, or pawnee, it cannot be said that the contract of bailment, or deposit or pawn comes to an end, on the death of the bailee, depository, or pawnee; and the legal representative who succeeds to the estate of the deceased is bound by any ..... contract to which the deceased was a party. that being so, i. think the proper article of the limitation act applicable to a case like the one set .....

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Jul 23 1924 (PC)

S. Krishnaswamy Iyengara and anr. Vs. V.S. Gopalachariar and anr.

Court : Chennai

Reported in : 84Ind.Cas.1026

..... this kind is article 145 under which he has 30 years to bring a suit. the learned judge has taken the view that the suit is not based upon a contract but upon tort inasmuch as the plaintiff stated that the defendants were in wrongful possession of the jewels. in a case like this where no evidence has been adduced, it ..... is applicable, in which case the suit is barred. but i fail to appreciate the argument on behalf of the respondents, for in the case of bailee or depository or pawnee, it cannot be said that the contract of bailment or deposit or pawn comes to an end on the death of the bailee, depository or ..... pawnee; and the legal representative of the estate of the deceased is bound by any contract to which the deceased was a party, that being so, i think the proper article of the limitation act applicable to a case like the one set out in .....

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Apr 06 2010 (HC)

Syndicate Bank Vs. Mohammed

Court : Kerala

Reported in : 2010(2)KLT563

..... of the appellate court is correct.9. it may be useful to refer to the relevant statutory provisions. sections 176 and 177 of the indian contract act reads as follows:176. pawnee's right where pawnor makes default - if the pawnor makes default in payment of the debt, or performance; at the stipulated time or the ..... , makes it difficult for the pawnor to redeem it, then, if any real damage has been caused to the pawnor, the pawnee has committed a legal wrong against him.in chitty on contracts volume ii at page 245 note 33-132 deals with unlawful dealing by the pledgee. this aspect was considered in the decision reported ..... until a proper tender of the amount due is made. (see the law of mortgages by edward f. cousins). under section 173 of the contract act, a pawnee has the right to retain the goods pledged for payment of the debt including interest on the debt and all necessary expenses incurred by the ..... to redeem at any moment up to sale, that is at any moment up to the time of the exercise by the pawnee of his power of sale by entering into a valid contract of sale.at page 73 note 120 reads as follows:120. the right to redeem. a pawnor has an absolute common law ..... , the assignee of a pawnor may bring an action for conversion, and may recover damages for non-delivery.if the pawnee unlawfully deals with the pledge, as by sale, transfer or repledge, the contract of pawn is not thereby determined and the pawnor may not recover in conversion unless he has a right to immediate possession .....

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Aug 29 2011 (HC)

Gtl Limited Vs. Ifci Ltd. and ors.

Court : Delhi

..... no other creditor of the pawnor had any right to take away the goods or its price. beyond this no other right was recognized in a pawnee in the above decision. under section 176 of indian contract act, 1872, if the pawnor makes the default in payment of the debt, or performance at the stipulated time, of the promise, in respect of ..... other creditor of the pawner had any right to take away the goods or its price. beyond this no other 'right was recognised in a pawnee in the above decision. under section 176 of the indian contract act, 1872 if the pawner makes default in payment of the debt, or performance, at the stipulated time, of the promise, in respect of which ..... has a special right in the pledged goods whereas the general ownership remains with the owner. the second part of section 176 of the contract act, 1872 mandates that the pledged security cannot be appropriated and a pawnee has no right to foreclosure since he never possesses the absolute ownership at law of the pledged goods. the plaintiff has referred to various ..... fulfilment of his liability. the two ingredients of a pawn or a pledge are : (1) that it is essential to the contract of pawn that the property pledged should be actually or constructively delivered to the pawnee and (2) a pawnee has only a special property in the pledge but the general property therein remains in the pawner and wholly reverts to him .....

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Aug 16 1993 (HC)

Hindustan Dorr Oliver Ltd. Vs. A.K. Menon and ors.

Court : Mumbai

Reported in : [1994]80CompCas384(Bom)

..... pawn or is still liable to pay the balance and if the proceeds of sale are greater than the amount due, the pawnee shall make over the surplus to the pawn or. 13. under section 177 of the indian contract act, the pawn or can redeem, even at a subsequent time, before the actual sale. but this must be on payment, in ..... where there is no default or. without notice would be void. under section 179 of the indian contract act, the pawnee may create a sub-pledge. but in such cases the only right of the sub-pawnee would be to step into the shoes of the pawnee. now, let us see whether the authorities cited across the bar lay down anything different. 17. on ..... down in section 27 of the sale of goods act. also the provisions regarding pledge of goods under the indian contract act would apply even to a pledge of shares. under section 176 of the indian contract act the only right of a pawnee is to retain the goods or to sell them after giving to the pawn or notice. the right to ..... performance of a promise, the bailor being called the 'pawn or' and the bailee being called the 'pawnee'. 12. under section 176 of the indian contract act, if a pawn or makes default in payment of the debt, or performance, at the stipulated time, the pawnee may bring a suit against the pawn or upon the debt or promise, and retain the goods .....

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