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Judgment Search Results Home > Cases Phrase: pawnee contract Court: andhra pradesh Page 1 of about 5,683 results (0.062 seconds)

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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Oct 17 1959 (HC)

Sri Raja Kakarlapudi Venkata Sudarsana Sundara Narasayyamma Garu (Died ...

Court : Andhra Pradesh

Reported in : AIR1960AP273

..... enunciated in the two aforesaid decisions, it seems to us that the contention of mr. ramachandra raju that at the time of enter-ing into a contract of pledge the pawnor cannot agree to waive notice as it would be inconsistent with the provisions of section 176, should prevail.33. mr. somasundaram very ..... of the judicial committee observed as follows :'the section is unqualified in its terms, and contains no saving provisions, as other sections do, in favour of contracts to the contrary. their lordships, therefore, see no sufficient reason for withholding from the words of the section their full force and effect. in this view ..... court has held following the decision in air 1932 cal 524 at p. 532, that the obligation of the pawnee to give a reasonable notice of sale under section 176 is mandatory and supersedes any contract to the contrary. in that case as in the case of air 1932 cal 524 at pp. 525-532, ..... notice.30. when in an enactment, in some sections the expression 'subject to the contract' or 'in the absence of the contract to the contrary' are used end in. others not, it is a ..... the contract of pledge authorised the pawnor. it was held in both the decisions that such a clause could not relieve the pawnee from the mandatory obligation to give .....

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Nov 22 2007 (HC)

Mohan Enterprises Rep. by Its Managing Partner Mr. Peetani Sambaiah Vs ...

Court : Andhra Pradesh

Reported in : I(2008)BC476

..... and until the other loan for which he figures as a guarantor was also discharged. it was held that on payment of the loan contracted by the petitioner, the contract of bailment/pawn extinguishes and the bailee/pledgee/pawnee is divested of his special property in the goods and he has to return the goods to the bailor/pledger/pawner unless he has ..... of the debt, and all necessary expenses incurred by him in respect of the possession or for the preservation of the goods pledged. section 174 provides that 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 or promise for which they are pledged, but such ..... monetary transactions on the ground that such monetary transactions would not fall within the meaning of goods.13. section 174 of the indian contract act, 1872 reads as under:in the absence of a contract to that effect, the pawnee shall not retain the goods pledged for any debt or promise other than the debt or promise for which they are pledged14. section ..... contract, in the absence of anything to the contrary, shall be presumed in regard to subsequent advances made by the pawnee. it is the contention of the petitioner that the general lien under section 171 is not available when there is .....

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Mar 09 1994 (HC)

State Bank of India Vs. S.B. Shah Ali (Died) and Others

Court : Andhra Pradesh

Reported in : AIR1995AP134; 1994(3)ALT332

..... of interest in immoveable property as security for the loan advanced, or to be advanced.16. section 172 of the contract act defines pledge as, under: '172. 'pledge', 'pawnor' and 'pawnee' defined- the bailment of goods as security for payment of a debt or performance of a promise is called ..... (hypothecation) in which the possession of the thing pledged remained with the debtor, the obligation resting in mere contract without delivery. in one case possession was actually delivered to the creditor or pawnee, in the other it remained with the debtor. hypothecation has been defined as a right which a creditor ..... pledge and hypothecation is that the constructive possession of the goods in the case of pledge is specifically secured by the terms of the contract and is continued unabated throughout. the hypothecation of moveable property is also a recognised form of mortgage. hence, it has to be recognised ..... pawner in case the credit balance of the pawner fell below the margin, cannot avail the pawnee in acting contrary to law. such an agreement would be inconsistent with the provisions of the contract act, and therefore, would be wholly void and unenforceable. consequently, the sale of the securities ..... by the pawnee bank without giving reasonable notice to the pawner is bad and not binding on him. .....

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Apr 09 1999 (HC)

K. Sita Vs. Corporation Bank, East Godavari District

Court : Andhra Pradesh

Reported in : 1999(3)ALD377; 1999(3)ALT443

..... unless and until the other loan for which he figures as a guarantor was also discharged. it was heldthat on repayment of the loan contracted by the petitioner, the contract of bailment/ pawn extinguishes and the bailee/pledgee/ pawnee is divested of his special property in the goods and the has to return the goods to the bailor/pledger/pawnor unless he has ..... interest of the debt, and all necessary expenses incurred by him in respect of the possession or for the preservation of the goods pledged. section174 provides that 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 or promise for which they are pledged, but such ..... contract, in the absence of anything to the contrary, shall be presumed in regard to subsequent advances made by the pawnee.6. it is the contention of the petitioner that the general lien under section 171 is not available when there ..... right to retain, as a security for such balance, goods bailed to them, unless there is an express contract to the effect. sections173 and 174 of the act deal with pawnee's right of retainer of the goods pledged. section 173 provides that the pawnee may retain the goods pledged, not only for payment of the debt or the performance of the promise .....

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Oct 05 2007 (HC)

In Re: Spectrum Power Generation Ltd.

Court : Andhra Pradesh

Reported in : [2008]146CompCas266(AP)

..... some of the earlier judgments, observed that the two ingredients of a pawn 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 pawnor and wholly reverts to him ..... . in this sense a pledge differs from a mortgage. in view of the foregoing the pawnee in the instant case, i.e., the government of uttar pradesh could not be treated as the holder of the shares pledged in its favour. the cotton mills co., continued ..... bihar v. state of bihar : air1971sc1210 , held that in the case of pledge, however, the legal title to the goods pledged would not vest in the pawnee. the pawnor has only a special property. a pawnee has no right of foreclosure since he never had the absolute ownership at law and his equitable title cannot exceed what is specifically granted by law ..... on discharge of the debt. a pawn therefore is a security, where, by contract a deposit of goods is made as security for a debt .....

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Apr 16 2007 (HC)

Dr. K.V. Pathi Vs. Lakshmivilas Bank, Malkajgiri Branch

Court : Andhra Pradesh

Reported in : 2007(4)ALD612

..... plaintiffs would be dematerializing the shares and appropriating the sale proceeds and adjusting the same towards the loan account.section 176 of the 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 of ..... as contemplated under section 176 of the contract act is neither valid nor binding on the plaintiff. consequently, the appropriation of part of the sale proceeds by the defendant towards the alleged outstanding ..... to be true, the shares were already sold on 11.3.1999 itself without any specific notice to the plaintiff under section 176 of the contract act and without any intimation even subsequent to the sale. the alleged sale of the shares of the plaintiff by the defendant unilaterally without any notice ..... 17. in the present case, the notice ex.a-7 cannot by any means be construed to be a notice contemplated under section 176 of the contract act. further, ex.a-7 does not stipulate any period within which the alleged balance amount of rs. 19,403/-was to be paid. ex ..... of rs. 19,403/- under a purported transfer of the shares to themselves and such transfer is illegal being violative of section 176 of the contract act and even the remaining shares were returned by the defendant towards fag end of the trial only when the plaintiff filed an application for their .....

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Oct 09 1975 (HC)

Shatzadi Begum Saheba and ors. Vs. Girdharilal Sanghi and ors.

Court : Andhra Pradesh

Reported in : AIR1976AP273

..... sultan v. firm ramapratap kanniyalal, : air1964ap201 at p. 204 in the same words as pointed out by sanjiva row in his commentaries on the indian contract act, in radhakirhsnan v. madras peoples' bank, air 1943 mad 73 leach, c.j. pointed out the distinction between mortgage and pledge thus :'the ..... is applicable to indian conditions. it is only under this principle that the hypothecation or mortgage of moveable property, although to specifically provided in the contract act are valid and a decree can be passed in enforcement of such transactions.20. the privy council in in re- the odessa, 1916 ..... is transferred to the pledgee who is impliedly authorised to sell the goods pledged in case of default in accordance with the provisions of the contract act. in case of mortgage however, a general but limited property is transferred to the creditor but the possession may or may not be ..... moveable property. section 172 of the indian contract act defines 'pledge' as follows :'the bailment of goods as security for payment of a debt or performance of a promise is called 'pledge'. the bailer is in this case, allied 'pawner'. the bailee is called the 'pawnee'.17. the three essential features of a ..... 'pledge' are : (1) there must be a bailment of goods i.e. delivery of goods, (2) the bailment must be by way of security and (3) the security must be for payment of a debt or a performance of a promise. as observed in sanjiva row's commentaries on indian contract .....

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Jan 22 1963 (HC)

Md. Sultan and ors. Vs. Firm of Rampratap Kannyalal

Court : Andhra Pradesh

Reported in : AIR1964AP201

..... is applicable to indian conditions. it is only under this principle that the hypothecation or mortgage of movable property, although not specifically provided in the contract act, are valid and a decree can be passed in enforcement of such transactions. as an instance, section 16 of the madras civil courts act ..... property is transferred to the pledgee who is impliedly authorised to sell the goods pledged in case of default in accordance with the provisions of the contract act. in case of mortgage, however, a general but limited property is transferred to the creditor, but the possession may or may not be ..... entailed and the estate of mortgagee is like a chattel, interest and personal estate, capable of devolving on his legal representatives. (vide sanjiva row on indian contract act, volume 2, p. 1280 and 1281). 11. the distinction between a pledge and a mortgage is that while under pledge there is only a ..... of pledgee fights only and of a sale only after notice and subject to certain limitations as is dear from the various provisions of the indian contract act. the distinction between pledge and ownership assumes importance when we consider the difference between pledge and mortgage. i am dealing with it later on ..... payment of a debt or performance of a promise is called pledge. the bailor is in this case called the 'pawner'; the bailee is the 'pawnee'.' it is seen from the definition that there are three essential ingredients of a pledge. (1) there must be a bailment of goods as defined .....

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