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Judgment Search Results Home > Cases Phrase: pawnee contract Court: allahabad Page 1 of about 6,403 results (0.063 seconds)

Dec 31 1969 (HC)

Debi Prasad Vs. Saiyid Ali Khan and ors.

Court : Allahabad

Reported in : (1902)ILR24All251

..... the balance of the loan given by him to the defendants. that loan was secured by the pledge of movable property. section 176 of the contract act gives the pawnee the right to bring a suit on the debt, retaining the article pledged as collateral security. it also empowers him to sell the thing pledged ..... case is on all fours with the present, and we agree with the view adopted in it. the learned subordinate judge thinks that section 176 of the contract act conferred a new right on the plaintiff, and this was the contention of the learned advocate for the respondent. in our opinion this view is erroneous. ..... they pledged jewellery and other movable property. this property the plaintiff alleges has been sold by him under the power vested in him by section 176 of the contract act, and a balance is due, which he seeks to recover personally from the defendants. as has been stated above, the dealings began in 1879; the ..... antaji bom. p.j. 1886 p. 161 cited in rivaz on the limitation act, p. 122. there it was held that a suit by a pawnee to recover the balance due on his debt after accounting for the proceeds of the sale of the articles pledged must be brought within three years from the ..... after giving reasonable notice, and to recover the balance of the debt, if any, remaining after such sale. the original contract of loan is not put an .....

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May 09 1995 (HC)

State Bank of India, Kanpur Vs. Deepak Malviya and Others

Court : Allahabad

Reported in : AIR1996All165; [1998]91CompCas569(All)

..... the bank as the provisions of s. 171 are confined only to bailment and not to pledges, as contemplated by s. 174 of the contract act which mandates that in the absence of a contract to the contrary the pawnee will retain the goodspledged only for the debt for which they are pledged.6. aggrieved thereby, the plaintiffs filed civil appeal no. 573 ..... the absence of anything to the contrary, shall be presumed in regard to subsequent advances made by the pawnee.'20. section 174 of the act contemplates that in the absence of a contract to the contrary the pawnee is under an obligation to return the goods pledged for any debt or compromise for which the goods were pledged. this is a general provisions ..... .19. section 174 of the act, which came up for consideration, is being reproduced below:'174. pawnee not to retain for debt or promise other than that for which goods pledged. presumption in case of subsequent advances-- the pawnee shall not, in the absence of a contract to that effect, retain the goods pledged for any debt or promise other than the debt ..... s. 171. section 174 is materially different becausein such a transaction the general rule is that the pawnee shall not retain the goods pledged for any other debt or promise other than of promise for which they are pledged, in the absence of a contract to that effect. whereas under s. 171 the bankers are given the right in general to retain .....

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Nov 21 1944 (PC)

Jiwan Das and anr. Vs. Sahu Sarju Prasad and ors.

Court : Allahabad

Reported in : AIR1945All299

..... of sale by the court is expressly conferred on a pledgee whereas in india it is not. it is moreover pointed out that section 176, contract act, expressly confers upon a pawnee certain specific right of sale out of court, from which circumstance it is argued that a right to have a sale by the court is by ..... other remedy open to him. i am fortified in this view by the fact that in sir frederick pollock's and sir dinshaw mulla's book on the contract act the bringing of a property by a pledgee to sale through the court is a recognised remedy. (the rest of the judgment is not material for the ..... goods arising out of his special property in them conferred by the pledge, but i should be most reluctant to hold that there is any implication that the contract act, by defining his personal rights, cuts down in any way any remedy he may have through the courts. the truth appears to me to be that ..... by sale of the property pledged, it is a suit to enforce his charge upon the said property; and we should think, by analogy the claim of a pawnee for a similar relief in respect of movable property is a suit to enforce his charge upon that property....we find, therefore, numerous cases in the reports in ..... implication excluded. section 176 says that, if the pawnor makes default,the pawnee may bring a suit against the pawnor upon the debt or promise, and retain the goods pledged as a collateral security; or he may sell the thing pledged .....

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Jan 13 1930 (PC)

Peare Lal-kishan Prasad Vs. Diwan Singh-ganeshi Lal

Court : Allahabad

Reported in : AIR1930All661

..... paid by the plaintiff to the defendant. it is equally clear that the grain pit was on the date of the contract in the possession of the allahabad bank as the pawnee or mortgagee thereof, and it may be presumed that the defendant was not in a position to deliver the goods so ..... insist upon delivery. actual money should have been tendered. plaintiff refused to pay before delivery. the plaintiff and not the defendant was guilty of breach of contract.21. we are not in agreement with all the findings of the learned district judge, although we are prepared to uphold the decree passed by him. ..... the plaintiff, the claim for damages was not maintainable.17. the trial court held that the rules framed by the veoparak sabha were terms of the contract, that there being no privity between the plaintiff and the allahabad bank, the defendant could not insist upon the plaintiff paying the balance of the ..... upto phagun sudi 5, 17th february 1926 in accordance with the custom of the trade which prevailed in the faizganj market.2. the terms of the contract were reduced to writing and were embodied in two separate documents in printed forms exchanged between the parties. these documents have the curious name of langot. ..... long as the mortgage had not been redeemed. this fact was known to the parties and is indeed clearly set out in the langot which contains the contract. could it .....

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Apr 30 1958 (HC)

Sri Harish Chandra and ors. Vs. Punjab National Bank Ltd.

Court : Allahabad

Reported in : AIR1958All864

..... . under this document the executants, namely, firm m/s. lucknow union hosiery works, lucknow put the bank in effective possession of the property. under section 172 of the indian contract act 'pledge', 'pawnee' & 'pawner' have been defined as follows :'the bailment of goods as security for payment of a debt or performance of a promise is called a 'pledge'. the bailor is ..... by way of security. therefore, under this document the goods in respect of which the document was executed became pledged within the definition of 'pledge' in section 172 of the contract act, for the possession, as we have pointed out, in respect of it was effectively handed over to the bank.5. for the reasons given above we are of the ..... in this case called the 'pawner'. the bailee is called the 'pawnee'.'4. under article 6(2) of schedule i-b of the stamp act it is provided that in the case of 'the pawn or pledge of movable property where such .....

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Jan 13 1930 (PC)

Firm Peare Lal Kishan Prasad Through Rai Saheb Ram Asre Prasad Vs. Fir ...

Court : Allahabad

Reported in : 125Ind.Cas.453

..... paid by the plaintiff to the defendant. it is equally clear that the grain-pit was on the date of the contract in the possession of the allahabad bank as the pawnee or mortgagee thereof and it may be presumed that the defendant was not in a position to deliver the goods so long ..... insist upon delivery. actual money should have been tendered. plaintiff refused to pay before delivery. the plaintiff and not the defendant was guilty of breach of contract.21. we are not in agreement with all the findings of the learned district judge, although we are prepared to uphold the decree passed by him. ..... the plaintiff, the claim for damages was not maintainable.16. the trial court held that the rules framed by the veoparak sabha were terms of the contract, that there being no privity between the plaintiff and the allahabad bank, the defendant could not insist upon the plaintiff paying the balance of the purchase ..... sudi 5, 17th of february, 1926, in accordance with the cu stom of the trade which prevailed in the faizganj market. the terms of the contract were reduced to writing and were embodied in two separate documents in printed forms exchange between the parties. these documents have been the curious name of langot ..... as the mortgage had not been redeemed. this fact was known to the parties and is indeed clearly set out in the langot which contains the contract. could it .....

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Oct 26 1945 (PC)

Mt. Suraj Bahu and After Her Death Mt. Mangal Bahu and ors. Vs. Jaitly ...

Court : Allahabad

Reported in : AIR1946All372

..... finally it was contended that no order could be passed for sale of the shares, in view of the provisions of section 176, contract act, under which it is for the pawnee to dispose of the security himself. as to this we need only say that no cross-objection was filed and we are not therefore ..... behalf of or on account of a company, though there be upon its face no reference to the company, and a distinction was drawn between the contracting parties and third parties, it being said that so far as third parites are concerned a company can be made liable on a bill or note only ..... their lordships expressed the opinion that this attitude towards the question of pleading was unduly rigid:a defendant who when sued for money lent pleads that the contract was void can hardly regard with surprise a demand that he restore what he received thereunder.12. this dictum too can have no bearing on the ..... not on the promissory note, but otherwise it does not, we think, assist the appellant. the question was whether restitution should be ordered under section 65, contract act, where the mortgage on which the suit was based was found to be invalid. the chief court of oudh refused to make such an order on ..... had been passed so empowering him. subsequently it transpired that there had not been a properly convened meeting of the board. it was held that persons contracting with a company and dealing in good faith may assume that acts within the powers of the company have been properly and duly performed and are not .....

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Feb 08 1952 (HC)

Mt. Bittan Bibi and anr. Vs. Kuntu Lal and anr.

Court : Allahabad

Reported in : AIR1952All996

..... the promise of a surety.11. the next argument is that there is no consideration for this agreement by kailash nath. section 176, contract act, entitles a pawnee to bring a suit against a pawner upon the debt or promise in case of default in payment retaining the goods pledged as a ..... 35, stamp act, the plaintiff was entitled, upon paying the deficit duty and penalty, amounting in all to rs. 1980, to enforce his contract to the full amount of the commission payable under the lease.'this decision was upheld by the patna high court which decreed the claim for the full ..... the notion of something appearing to have been bargained for and bought with the promise is essential in the doctrine of consideration.' (salmond and williams on contracts, 2nd edn. p. 101).it is a question of fact whether in any particular case that element of bargaining is present in the agreement. if ..... idea of moral obligation nor with the motive which may have induced the defendant to give his promise' ; see cheshire and fifoot's law of contracts, (1945) p. 45.forbearance to sue is undoubtedly a consideration and if kailash nath gave the promise in return for the respondents' forbearing to sue ..... the attack because the doctrine finds place in the statute and our dependence on the english common law ceased (except as regards interpretation) as soon as the contract act was brought on the statute book. lord mansfield equated consideration with moral obligation, but his view was repudiated in eastwood v. kenyon, (1840) 11 .....

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Mar 22 1918 (PC)

The Bhargava Commercial Bank Vs. Kunj Behari Lal

Court : Allahabad

Reported in : (1918)ILR40All522

..... and that is that the notice given on the 15th of september, was not a reasonable notice of the sale within the meaning of section 176 of the contract act. it was contended that notice of the actual date, time and place of the intended sale should have been given to the defendant. this plea was repelled ..... sell is analogous to the seller's right of re-selling granted under section 107 of the contract act, and we take it that the two rights must be exercised in more or less the same method. the seller's right to re-sell under ..... beforehand as to who would be the final purchaser. it is quite clear that all that the law intends is that the pawnee should give the pawnor a reasonable time within which to exercise his right of redemption and proceed to sell if the property be not redeemed. his right to ..... a sale should be arranged beforehand and that due notice of all the details should be given to the pawnor. for instance it would be open to the pawnee to put up the property to auction sale and to sell it to the highest bidder. it would be impossible for him to give the pawnor information ..... property were sold at some other date, time or place. no ruling on the point has been cited. in our opinion section 170 does not contemplate that the pawnee should give the pawnor information of the actual date, time and place of sale. the words are:- 'he may sell, the thing pledged on giving the pawnor reasonable .....

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Mar 22 1918 (PC)

Kunj Behari Lal Vs. the Bhargava Commercial Bank

Court : Allahabad

Reported in : 45Ind.Cas.462

..... , and that is that the notice given on the 15th of september was not a reasonable notice of the sale within the meaning of section 176 of the contract act. it was contended that notice of the actual date, time and place of the intended sale should have been given to the defendant. this plea was ..... sell is analogous to the seller's right of re-selling granted under section 107 of the contract act and we take it that the two rights must be exercised in more or less the game method. the seller's right to re-gell under ..... as to who would be the final purchaser. it is quite clear that all that the law intends is that the, pawnee should give the pawnor a reasonable time within which to exercise his right of redemption and proceed to sell if the property be not redeemed. his right tp ..... a sale should be arranged beforehand and that due notice of all the details should be given to the pawnor. for instance, it would be open to the pawnee to put up the property to auction sale and to sell it to the highest bidder. it would be impossible for him to give the pawnor information beforehand ..... property were sold at some other date, time or place. no ruling on the point has been cited. in our opinion section 176 does not contemplate that the pawnee should give the pawnor information of the actual date, time and place of sale. the words are: 'he may sell the thing pledged on giving the pawnor reasonable .....

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