Court : Delhi
Decided on : Mar-05-1986
Reported in : 1987CriLJ447; 1986(2)Crimes449; 1986(11)DRJ49
..... the property pledged until the sale........................ but if the pawner tenders payment of the debt the pawnee has to return the property pledged'(7) evidently a breach of contract of pledge by the pledger or pawnee will in the normal course give rise to a civil liability alone but as shall be ..... : 'thetwo 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 &nd; ..... only a stage managed affair.(5) the learned counsel for the petitioners has assailed the impugned' order primarily on the ground that breach of the contract of pledge, if any, gives rise to a civil liability but the respondents have indulged in distortion of facts so as to impart criminal ..... that the security is available to satisfy the debt and under this implication the pawnee has the power of sale on default in payment where time is fixed ..... wholly reverts to him on discharge of the debt......................a contract of pawn thus carries with it an implication .....Tag this Judgment!
Court : Orissa
Decided on : Dec-05-1986
Reported in : AIR1987Ori119; 63(1987)CLT151
..... (the remedy by way of a suit for reinstatement was assumed to be available to the plaintiff).7. the case of a pawnee who under section 176 of the indian contract act has been given the right to institute a suit upon the debt and retain the pledged goods as a collateral security appears ..... of one alternative right does not destroy the future recourse to the other alternative. the decision is exclusively based on interpretation of section 176 of the contract act, interpreting which it was held that the section itself contemplated the two alternatives to be concurrent and not exclusive of each other. of course in ..... was a case of pawn whereas the present case is one of hypothecation. their lordships in that case held, on interpretation of section 176 of the contract act, that a right of sale of the pawn out of the court is not an alternative but is concurrent to the right to institute a ..... and not concurrent. a hypothecation of goods differs from that of a pawn inasmuch as whereas in a pawn the goods pledged are delivered to the pawnee, in a hypothecation the goods are not actually delivered to the pledgee. the pledge there is made as a security for the debt without parting ..... misconceived. rather, the decision goes contrary to his submissions, bachawat, j. who delivered the leading judgment made the matter clear by indicating the three rights of the pawnee, namely, (1) he may bring a suit against the pawner upon the debt or promise; (2) he may retain the pawn as a collateral security; or .....Tag this Judgment!
Court : Chennai
Decided on : Sep-22-1986
Reported in : (1987)1MLJ349
..... it is not possible to spell out a theory as the one advanced by the learned counsel for the 5th respondent. section 176 of the contract act read as follows:pawnee's right where pawnor makes default : if the pawnor makes default in payment of debt, or performance, at the stipulated time, of the ..... of recovering his dues. the position in the case of regular pledge completed, by possession is undoubted and set out in the relevant sections of the contract act. hypothecation is only extended idea of pledge, the creditor permitting the debtor to retain possession either on behalf of or in trust for himself ..... mr. k.s. natarajan, learned counsel for the petitioner bank, would submit that the rights of his client stand secured under section 176 of the contract act, and apart from resorting to the ordinary right of a suit for recovery of the dues and for sale of the pledged properties, the petitioner ..... be enforced. at the same time, it must be made clear that such claims cannot have precedence over the rights and claims of petitioner bank, the pawnee, and such rights and claims cannot be extinguished or defeated by the distraint proceedings. this is, of course, subject to the law of limitation, if ..... to sell the property pledged personally without reference to court, of course, satisfying the requirements of section 176 of the contract act. the power of sale is conferred on the pawnee to be exercised for his benefit and according to his discretion in order to realise his dues for which the pledge .....Tag this Judgment!
Court : Orissa
Decided on : Jul-25-1986
Reported in : AIR1987Ori174
..... opposite party no. 1 has a right to sell the pledged goods during the pendency of the suit. the provisions of section 176 of the indian contract act are of mandatory character. the petitioners have sufficient notice of the sale. the learned subordinate judge shall on consideration of documents determine, whether the sale ..... --11. learned counsel for the petitioners contended that the petitioners had no notice for sale of the pawned goods according to section 176 of the indian contract act. therefore, the sale of the pledged goods on 1-8-1985 is not binding on them.12. it would be a travesty of truth and ..... opposite party no. 1.point no. 2 : -10. learned counsel for the petitioners contended that there was no compliance of section 176 of the indian contract act, which is mandatory in character. section 176 lays down that if the pawner makes default in payment of the debt, or performance, at the ..... : --1) whether opposite party no. 1 was entitled to sell the pledged goods during pendency of the suit. 2) whether section 176 of the indian contract act is of mandatory character. 3) whether the petitioners and opposite parties 2 to 4 had notice of the sale. 4) whether the sale has become ..... notice must be clear and specific in its language and must indicate the intention of the pawnee to dispose of the security. on consideration of the above principles and the provision of section 176 of the indian contract act, it is clear that the pawner is entitled to reasonable notice before sale of .....Tag this Judgment!
Court : Kerala
Decided on : Jan-16-1986
Reported in : AIR1986Ker215; 61CompCas472(Ker)
..... of rs. 3.10. this deficiency had occurred solely because of the negligence on the part of the defendants, for which neither under the contract nor in equity can the deceased be held responsible. the defendants cannot take advantage of their own fault. ext. b12 is the standing order ..... tendered as the first premium. in law therefore ext. a1 evidenced an unconditional acceptance of a tender made inpayment of the premium due under the contract, the offer of which was contained inext. b3. ext. b3 was accepted without qualification by ext. a1 acknowledgment of the amount demanded and ..... . b12 which is the standing order in 1960 containing provisions relating to the competence of various authorities.' ext. b12 shows that in respect of contract of insurance for rs. 50,000/-the competent authority was the assistant divisional. manager, whose office is at trivandrum and therefore the branch manager ..... proposal was in suspended animation pending consideration and final decision.before any such decision could be made the deceased had died. in the circumstances no contract had come into existence. counsel further refers to ext. b5 dated 31-12-1976 which shows that the first premium had not been paid ..... authority. consequently the plaintiff instituted the present suit which was decreed by the court below stating that the evidence on record clearly proved that the contract of insurance had come into existence and that the l.i.c. was liable to settle the plaintiffs claim. 3. counsel for the appellant .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-26-1986
Reported in : AIR1987Bom308; 1987(2)BomCR405; 69CompCas389(Bom)
..... credit facilities to be made available, guarantees payment to the sellers, and safeguards the parties against fluctuations in the value of currency. a contract is concluded between the buyer and the seller whereby the buyer undertakes to furnish an irrevocable letter of credit in favor of the seller. ..... on those observations, the lower court has refused to grant injunction. the device known as the the irrevocable letter of credit is to finance contracts for the sale of goods between between buyers and sellers in different countries, and particular where the delay between dispatch form the place of ..... reliance resulting in foreseeable prejudicial change in position affords a compelling basis for implying a subsidiary promise not to revoke an offer for a bilateral contract. the effect of drennan  51 cal 409 is simply to keep a power of acceptance or reopens negotiations, the sub-contractor's ..... having committed itself to a rather technical and schematic doctrine of contract, in application takes a practical approach, often at the cost of forcing the facts to fit uneasily into the marked slots of offer, acceptance and consideration.' ..... being no. 9/85, dated march 15, 1985, which application having been dismissed, kirloskar have come up with the present appeal.6. the doctrine of contract has been succinctly put in new zealand shipping co. ltd. v. a. m. satterthwaite & co. ltd.  ac 154 thus :'....english law, .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jul-31-1986
Reported in : (1986)LC314Tri(Delhi)
..... in the manner prescribed by regulations which the central board of excise and customs may make under section 157 of the customs act, 1962 (52 of 1962) and such contract or contracts has or have been so registered before any order is made by the proper officer of customs permitting the clearance for home consumption, or deposit in a warehouse of items ..... project import. he argued that the terms of proviso to t.i. 84.66 were very specific to the effect that the import had to be against a specific contract and that contract had to be registered with the customs authorities after following the prescribed formalities, before the date of importation.7. shri gopinath added that this, being a statutory requirement, ..... another palpably wrong observation in the impugned order to the effect that the assistant collector had rejected the appellants' request for registration of import under the 'project-import registration of contract' regulations, whereas the fact remains that no such application had even been made prior to the importation or clearance of goods, and the assistant collector was only dealing with refund ..... authority - that being the textile commissioner, bombay, in this case, - and on a statement by the party that this was for substantial expansion of their existing weaving capacity; the contract was registered which, according to the 'statement of facts' appended by the party with their memo of appeal to the collector of customs (appeals), bombay, was allowed. registration of the .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-18-1986
Reported in : AIR1987Cal92,91CWN272
..... that at the trial the plaintiff could not prove that he was at all material time ready and willing to perform his part of the contract. in the case at hand, the plaintiff having satisfactorily proved such readiness and willingness, the prayer for amendment to enable him to aver ..... the provisions of explanation (ii) to section 16 wherein it has been provided that 'the plaintiff must aver..........readiness and willingness to perform the contract according to its true construction'. even under the preceding specific relief act of 1877, which did not contain any such provision analogous to section 16 ..... posted thereby resulting in a concluded agreement enforceable by specific performance. we, therefore, reject the contention of mr. ali that there was no concluded contract between the parties to sustain the suit for specific performance.9. this brings us to the other pointinvolved in this appeal, namely, whether the ..... the various decisions referred to therein would show that it has been consistently and almost uniformly held that in case of negotiations by post, the contract is complete when acceptance of the offer is put into a course of transmission to the offeror. as pointed out in baroda oil cakes traders ..... 1965 : 1scr656 , 'it makes a large inroad upon the concept of consensus, 'a meeting of minds', which is the basis of formation of contract.' one may doubt whether this law, binding an offeror to an acceptance which he did not or could not know, is at all 'reasonable' or 'right .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-31-1986
Reported in : ILR1986KAR587
..... withhold them and this gives control to the government on the lives of many people. many individuals and many more businesses enjoy largess in the form of government contracts. these contracts often resemble subsidies. it is virtually impossible to lose money on them and many enterprises are set up primarily to do business with government. government owns and ..... the relevant portion of that paragraph reads :'3a. it is submitted that the excise commissioner obtained confidential information about the antecedents of all the applicants before finalising the contracts. however, the excise commissioner has not disqualified any of the applicants on the ground that the confidential reports regarding his/its antecedents were adverse. he obtained the reports ..... contractors in karnataka forthe last several years. they have bottling unit in mandya from therethey are supplying bottled arrack to mandya and maddur taluks where theyhave taken up arrack contract. theyhave a bottling licence also. ifound that they are financially sound and capable of handling the responsibility of bottling of arrack.62.pramila plastics (p) ltd., ..... .i. regarding locus standi:6. on this point, the learned counsel for the respondents submitted as follows :-(i) selection of persons among large number of applicants seeking contract for bottling arrack who had submitted their applications pursuant to the advertisement, is purely an administrative function. according to the decisions of the supreme court, (to which we .....Tag this Judgment!
Court : Orissa
Decided on : Jun-27-1986
Reported in : 62(1986)CLT407; 1986(II)OLR267
..... payable under clause (iv) of the schedule, yet the demand does not become a public demand since that clause provides that the grant, lease or contract under which money might have fallen due, must provide that the dues shall be recoverable as arrears of land revenue.9. in this view of the ..... , whether property of government or not, or on account of any products thereof and all moneys falling due to government under any grant, lease or contract which provides that they shall be recoverable as arrears of land revenue,xx xx xx'the demand sought to be realised from the respondent more properly falls ..... auction had been confirmed and that even, though after such confirmation of auction he was to supply the stamp papers and endorse the terms of the contract on the body of the stamp paper, he had not done so and had not got the lease deed executed. the learned additional subordinate judge ..... due to such delay in execution of the lease and compliance of other formalities, the period stipulated with the railway authorities expired and the year of 'contract also lapsed. thus while the plaintiff was entitled to refund of security deposit made by him, yet instead of refund of the deposit, a certificate case ..... and under the agreement between him and the railways he was to supply black metal to the railway authorities, for the purpose of execution of such contract, he wanted to work out badapokharia black metal quarry which was put to auction in march, 1964 and the bid was knocked down in favour .....Tag this Judgment!