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Judgment Search Results Home > Cases Phrase: pawnee contract Court: punjab and haryana Page 1 of about 6,444 results (0.044 seconds)

Nov 04 1955 (HC)

Bharat Bank Ltd. Vs. Bodh Raj

Court : Punjab and Haryana

Reported in : AIR1956P& H155

..... high court in -- 'surajmal v. pulchand', 1951 nag 264 (aib v 38) (e), where it was held that a pawnee who has given a reasonable notice of sale under section 176, contract act can sell at any time and is not bound to sell within a reasonable time after the expiry of the period mentioned in ..... he relied upon were cases of resale of goods for non-payment of the purchase money which were governed, as i have said, by section 107, contract act which has now been replaced by section 54, sale of goods act.that section specifically provides for resale within a reasonable time of the notice and cases ..... sell either in august 1947 or within a reasonable time thereafter. the right of a pawnee in case of default of payment by the pawnor is given in section 178, contract act which provides that on a default being made the pawnee may bring a suit for the recovery of his debt and retain the goods as ..... section 54, sale of goods act which relates to the power of sale conferred on a vendor of goods.6. in 'cooverji umersey v. mawji vaghji', 1937 bom 26 (air v 24) (d), it was held that a pawnee has the power of sale expressly ..... was required of the pawnee was to give reasonable notice of the intended sale, --'prag narain v. mul chand', 19 all 535 (b); and -- 'abdul hakim muhammad sadik v. joho jaut-zen', 1924 lah 319 (air v 11) (c), were distinguished on the ground that they were cases under section 107, contract act which corresponds to .....

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Feb 08 2012 (HC)

M/S Kams Leatherware Ltd Vs. Punjab Nantional Bank, Branch Office Khar ...

Court : Punjab and Haryana

..... the fulfilment of his liability. the two ingredients of a pawn or a pledge are : (1) that is essential to the contract of pawn at 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 ..... redeliver the property. the pawner has an absolute right to redeem the property pledged upon tender of the amount advanced but that right would be lost if the pawnee has in the meantime lawfully sold the property pledged. a contract of pawn thus carries with it an implication that the security is available to satisfy the debt and under this implication the ..... borrowed from the civil law, and, in so far as it is naturalised in english and american law, it means a contract of mortgage or pledgee in which the subject matter is not delivered into the possession of the pledgee or pawnee, or, conversely, a right which a creditor has over a thing belonging to another, and which consists in a power ..... 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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May 29 2002 (HC)

Tarun Bhargava Vs. State of Haryana and anr.

Court : Punjab and Haryana

Reported in : 2003(2)ARBLR645(P& H); 2003(3)KLT397

..... to the dominant purposeof the contract'. uniform commercial code section 2-302 comment 1..... a bargain is notunconscionable merely because the parties to it are unequal in bargaining position, noreven because the irequality results in ..... specific rules as to contractual capacity, fraud andother invalidating causes; the policy also overlaps with rules which render particularbargains or terms unenforceable on grounds of public polity. policing againstunconscionable contracts or terms has sometimes been accomplished by adverseconstruction of language, by manipulation of the rules of offer and acceptance or bydeterminations that the clause is contrary to public policy, or ..... devices for refusing to implement certain agreements on the ground of inequality of bargaining power. the relevant part of the judgment is extracted below :- '78. although certain types of contracts were illegal or void, as the case may be, at common law, for instance, those contrary to public policy or to commit a legal wrong such as a crime ..... , but a mere creditor and the agreement would be an agreement to secure repayment of loan. section 172 of the contract act (for short, the act) deals with pledge of goods and under section 176 of the act, a pawnee, to whom the goods are pledged, is entitled to bring a suit and to retain the goods as collateral security .....

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Apr 28 1959 (HC)

Grison Knitting Works Vs. Laxmi Commercial Bank Ltd. and ors.

Court : Punjab and Haryana

Reported in : AIR1960P& H98

..... presently see) a right of redemption. but if the pledge is not redeemed within the stipulated time, by a due performance of the contract for which it is a security, the pawnee has then a right to require a sale to be made thereof, in order to have his debt or indemnity.if there is no ..... property, had consulted the pledgor who was agreeable to the transfer of the shares by the pledge, the question of notice under section 176 of the indian contract act does not arise, as the pledgor's consent to the proposed transfer is already obtained. on this consideration also the argument pressed on behalf of the ..... of the indian contract act, and they thought that the two rights must be exercised in more or less the same method ..... learned judges. in that case the learned judges with reference to section 107 of the indian contract act, which has now been repealed and forms part of the indian sale of goods act, observed that the right of the pawnee to sell is analogous to the seller's right of re-selling granted under s. 107 ..... repetition or 'improve the graces of the style.'(49) furthermore, section 177 of the indian contract act enable the pawnor to redeem the goods pledged at any time before the actual sale. if under section 176 of the act a pawnee need not disclose to the pawnor the date, time and place of the sale, the .....

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Dec 08 1982 (HC)

State Bank of India Vs. Quality Bread Factory and ors.

Court : Punjab and Haryana

Reported in : AIR1983P& H244

..... in case that was insufficient to satisfy the amount of loan, it could bring further action against the defendants. section 176 of the contract act 1872, relates to the pawnee's right where pawnor makes default in payment. it reads as follows:--'if the pawnor makes default in payment of the debt, or ..... of the surety against the principle debtor is impaired by any action or inaction, which implies negligence appearing from lack of supervision undertaken in the contract the surety would be discharge under the combined operation of ss. 139 and 141 of the act. in any event, if the creditor loses ..... reads as follows :--' a surely is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract for suretyship is entered into whether the surety knows of the existence of such security, or not; and if the creditor loses or, without the ..... ac 56, it was explicity recognised that a pledgee may redeliver goods to the pledgor for a limited purpose, without the by losing his rights under the contract of pledge. finally, reference may he made to ex parte, hubbard, (1886) 17 qbd 690. which laid down that the general property in the ..... that there must be a delivery of the article. either actual or constructive, to the pawnee. 'possession is an equivocal term; it may mean either mere manual possession, or the mere right to possession'. also see chitty on contracts, vol. ii. 21st edn. para 180 at page 73. constructive delivery will be adequate .....

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Jan 08 1958 (HC)

F. Nanak Chand Ramkishan Das and ors. Vs. Lal Chand Ganeshi Lal and or ...

Court : Punjab and Haryana

Reported in : AIR1958P& H222

..... given to, or received by, the drawer as hereinafter provided.'liability of indorser is laid down by section 35, which reads--'35. in the absence of contract to the contrary whoever indorses and delivers a negotiable instrument before maturity, without in such indorsement, expressly excluding or making condi-tional his own liability, is ..... in that respect. presentment for acceptance must always and in every case precede presentment for payment, and it appears to us that the drawer of a bill contracts that whenever the bill is duly presented, it will, subject to the provisions of section 63, be accepted.the several sections in chapter v, relating to ..... not been able to prove the loss they have suffered on account of want of notice. if the goods are sold by the pawnee without a notice as provided by section 176, contract act, they will be deemed to have been converted and an action for conversion of the same would lie against the ..... for sale to be effected.12. it was then argued that if the pawnee wanted to sell the goods in 1945 and 1946, he should have given a fresh notice of sale as required by section 176 of the indian contract act and that the notice given in 1943 should not have been taken to ..... pawnee, but damages would be assessed by taking into consideration the market rates of the goods in question as on the date of conversion, .....

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Sep 26 1985 (HC)

Prestolite of India Limited Vs. Union of Bank of India and ors.

Court : Punjab and Haryana

Reported in : AIR1986P&H64; 1995SCC(L&S)202

..... plaintiffs suit with costs., the plaintiff filed an appeal in the supreme court. their lordships,. after consideration of the various rulings and interpreting the relevant provisions of the contract act remarked:'the pawnee therefore, can sue on the debt retaining the pledged goods as collateral security. if the debt is paid he has to return the goods with or without the assistance ..... obtain a decree unless he was ready and willing to redeliver the goods pledged with him. the trial court rejected the defendants plea and held that there was no completed contract of pledge as he ha failed to deliver the goods sought to be pledged. on appeal by the defendant, the high court disagreed with the finding and set it aside ..... was given possession of the goods pledged and had retained the same, the pawner has the right to redeem the goods so pledged by payment of the debt. if the pawnee is not in a position to redeliver the goods he cannot have both the payment of the debt and also the goods. where the value of he pledged property is .....

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Jul 11 2003 (HC)

Liberty Knitwear (Regd.) and ors. Vs. Punjab National Bank and anr.

Court : Punjab and Haryana

Reported in : (2003)135PLR646

..... entitled to sell the goods pledged even without intervention of the court by giving reasonable notice of sale to the pawnee under section 176 of the indian contract act and cannot be allowed to keep the goods as well as to recover the debt, as held in the judgment of the apex court in lallan prasad (supra), the ..... on periodical rests and capitalised with the principal sum actually advanced so as to become an amalgam of principal and interest in such cases where it is permissible as per contract. in the present case, the amount claimed in the suit which included interest also has to be held to be principal sum adjudged for purposes of section 34 ipc for .....

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Sep 20 1983 (HC)

Sunder Lal JaIn Vs. Sandeep Paper Mills P. Ltd. and ors.

Court : Punjab and Haryana

Reported in : [1986]60CompCas77(P& H)

..... regard, reference may be made to lallan prasad v. rahwat ali, air 1967 sc 1322, wherein it is observed that under section 176 of the contract act, in case of default by the pawner, the pawnee has the right to sue upon the debt and to retain the goods as collateral recurity or to sell the goods after reasonable notice of the .....

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Mar 23 1959 (HC)

Simla Banking and Industrial Co. Ltd., (In Liquidation) Vs. Pritams

Court : Punjab and Haryana

Reported in : AIR1960P& H42

..... pledge was made, and 'hypotheca' (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 remained with the debtor. hypothecation has been defined as a right which a creditor has over a thing belonging to another .....

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