Court : Madhya Pradesh
Decided on : Jul-03-1995
Reported in : AIR1996MP32; 1995(0)MPLJ1004
..... retain the goods pledged and the pawner in such a case would be placed in a position where he incurs a greater liability than he bargained for under the contract of pledge. 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 ..... 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 pawnor 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 proerty pledged. a contract of pawn thus carries with it an implication that the secuiryt is avaialble to satisfy the debt and under this implication the ..... on discharge of the debt. a pawn, therefore, is a securiy, where, by contract a deposit of goods is made as security for a debt .....Tag this Judgment!
Court : Allahabad
Decided on : May-09-1995
Reported in : AIR1996All165; 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 .....Tag this Judgment!
Court : Delhi
Decided on : Mar-20-1995
Reported in : 1995IAD(Delhi)1411; 58(1995)DLT285; 1995(33)DRJ496
..... power to return the goods the pledgor cannot be defeated on account of his not going through a useless ceremony of tender. s. 51, contract act makes the matter clear when it declares that neither party to reciprocal promises need perform his promise unless the other party is ready and ..... between the two. former protects the innocent purchaser, the latter does not do so. in the absence of any provision in section 176 of the contract act in favor of the innocent purchaser, to import such protection from the provisions of another statute is with respect wholly fallacious and unjustifiable. it ..... chagla, j., after a review of english authorities held as follows :- (i)that although the pledgee may sell the goods unauthorisedly or unlawfully, the contract of pledge is not put an end to and the pledgor does not become entitled to the possession of the goods pledged without tendering the amount due ..... of pledge, that being the only remedy available to him in accordance with the provisions of chapter ix (sections 172 to 179) of the contract act. still the court should not go guided by technicalities in construing of the language employed in the prayer clause of the plaint but should ..... the pawnee. but there can be exceptions. the pawnee might have in advance declared his inability to return the pledged property. the pledged property might have been lost or destroyed and the fact is known to the pawnor. the pledged property might have earned yield or benefits which according to the contract is .....Tag this Judgment!
Court : Delhi
Decided on : Apr-05-1995
Reported in : 58(1995)DLT515
..... as the petitioner, i.e. in the offer and the subsequentorder.placed by respondent no. 1 and the petitioner respectively. the petitioner accepts the contract in all material particulars including the clause of force majure,disputes, the arbitration clause therein. as pointed above, the ambiguity raised by respondent no ..... suitably advised to not to resort to any litigation and/or initiate arbitration proceedings as against the petitioner. if there was no concinded contract containing arbitration clause, that the reaction of the petitioner would be different and the one as suggested by the reply dated 27.4.1994 ..... seen that respondent no. 1, vide annexure2 offered to supply 15000 mt of standard newsprint on condition as per the earlier supplies and standard contract of stc, which offer has been accepted and in pursuance thereof, vide annexure 3, petitioner placed order which contained that all other terms and ..... print to the petitioner and have been supplying news print to the petitioner since last many decades; that the respondent duly signed the contract, shipped the material and the same was duly accepted and acknowledged by the petitioner unconditionally and without any protest or demur ever save and ..... and delivery and all other terms were not agreed to by the parties;that the petitioner did sent to respondent no. 1 the proposed contract which contained an arbitration clause. that respondent no. 1 intends to invoke the arbitration clause which is a misconceived and malafide act; that .....Tag this Judgment!
Court : Delhi
Decided on : Jul-11-1995
Reported in : 1995(34)DRJ206
..... purposes,(10) mr. k.t.s.tulsi, learned additional solicitor general appearing for the respondents however, submitted that it is not expected of the respondents to award a contract to the petitioners against whom an action was proposed for blacklisting for furnishing deliberately and knowingly false information and misleading the department into pre-qualifying them. he further submitted ..... , is illegal. according to the learned counsel the actions of the respondents in awarding the contract in favor of respondent no.4, inspire of approval of the lowest tender of the petitioners in its earlier meeting, totally ignoring the lender of the petitioners smacks ..... court on the said miscellaneous application filed by the petitioners.(9) mr. mukul rohtagi appearing for the petitioners in the present writ petition submitted before us that awarding the contract to respondent no.4, after the works advisory board found the petitioner to be most suitable contractor and approved the acceptance of the lowest tender submitted by the petitioner ..... 1995 itself to respondent no. 4 for the construction of doordarshan bhawan, mandi house, phase ii, new delhi, with a further direction to the respondents to award the work/contract relating to construction of doordarshan bhawan, mandi house, phase ii, new delhi (superstructure) to the petitioners. in the writ petition the following prayers have been made by the .....Tag this Judgment!
Court : Chennai
Decided on : Feb-21-1995
Reported in : AIR1996Mad353
..... gounder : air1993mad275 (db), this court held that where in a plaint under section 16(c), besides stating that the plaintiffs were ready and willing to perform their part of the contract, mention was made of the plaintiffs convening panchayat at thrice and defendants agreeing to execute the conveyance and later on setting the properties in favour of the third parties it ..... of which has been prevented or waived by the defendant. further explanation (ii) therein also says that the plaitiff must aver performance of, or readiness and willingness to perform, the contract according to the true consideration. in the present case, following are the relevant pleadings in the plaint;--'the plaintiff has been always ready and willing to perform his part of ..... the conclusion reached by the court below is perfectly correct.13. regarding the other contention thatthe plaintiff was not ready and willing to peform his part of the contract and he hasabandoned the contract also, we are unable to agree with learned counsel for the respondents. in this regard, one of his submissions was that there was no sufficient pleading by the ..... the suit property, even without defendants vacating the tenant, the plaintiff could have resorted to the same course much earlier and need not have delayed in demanding performance of the contract from the defendants. the third reasoning of the trial court in this regard is, the plaintiff has purchased two other similar properties after the sale agreement under ex. b. 1 .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-19-1995
Reported in : (1996)112PLR541
..... rates, broad guidelines have been suggested in the circular letter itself. the petitioner has not questioned the legality of the circular letter but has challenged the procedure adopted in awarding contract to the workers' cooperative society. it is the admitted position that for the depot in question, for the year 1988-89 for handling labour as well as transport operations ..... 14. decision making process of public authorities, if influenced by extraneous/irrelevant considerations would vitiate the decision, even if it is without bias. the court observed 'unlike policies, contracts are legally binding commitments and they commit the authority which may be held to be a state within the meaning of article 12 in many cases for years. public authorities ..... a private individual but should act in conformity with certain healthy standards and norms. such actions should not be arbitrary, irrational or irrelevant. in the matter of awarding contracts inviting tenders is considered to be one of the fairways. if there are any reservations or restrictions then they should not be arbitrary and must be justifiable on the ..... benami for khazan singh and his brother, simran singh who are labour and transport contractors. in answer to these submissions, learned counsel for the respondents have contended that the contract has been awarded to the workers' cooperative society in pursuance of policy decision of the government to engage the, labour cooperative society for handling labour operations in f.c. .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-18-1995
Reported in : I(1996)ACC234; 1996ACJ533
..... , the policy cannot stand revived and consequently, it is his submission that once the transfer had taken place on 11.8.1985, the insurance company has been exonerated of the contract. in this context learned counsel places strong reliance on a full bench decision of this court in the case of the national insurance co. v. mallikarjun : air1990kant166 , wherein the full ..... with. learned counsel points out and there is little dispute about this position that on the date when a transfer takes place, the contract between the insurer and the original insured person, namely, the original owner comes to an end. it is true that the policy can be transferred to the new owner on ..... has been very strongly opposed by the learned counsel on behalf of respondent no. 3, namely, the insurance company. it is his case that it is a requirement under the contract of insurance as also a requirement of law that the liability, if it is to subsist after a transfer, can only do so provided the requisite formalities have been complied .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Mar-21-1995
Reported in : (1995)LC511Tri(Chennai)
..... this confirmation of sale refers to the same contract no.as mentioned above and how the order could be treated as confirmed. no correspondence has also been produced before us for extending the date of shipment etc. and the ..... within the specified period. the confirmation of sale filed by the appellants refers to the following conditions : the l.c. had been opened based on these. in the invoice a contract no.psi/93121 has been shown while the confirmation of sale bears no.nogw/cs/93, dated 6-7-1993. as it is this ..... contract no. does not figure in the confirmation of sale and no correspondence has also been produced leading to the confirmation of the sale before us. it is not clear whether .....Tag this Judgment!
Court : Delhi
Decided on : Mar-31-1995
Reported in : 1995IIAD(Delhi)195
..... arbitrator. it has already been admitted in para 12 of the petition that the petitioner argued that the claims of the respondent namely, breath of contract, defective work and incomplete work left by the respondent which was got completed by the petitioner at the risk and cost of the respondent and ..... nobody's case that the dispute arose when the respondent filed the petition under section 20 of the arbitration act challenging the rescission of the contract. this court appointed the arbitrator to go into that dispute. as per the petitioner's own showing the counter claims were in extricable mixed ..... that the d.d.a. defended the claims of the respondent before the arbitrator alleging that it was the respondent herein who committed breach of contract, did defective work and left the work incomplete, which was got executed at the his risk and cost. even the levy of compensation under ..... counter claims were taken up by the arbitrator the appellant there in filed second claim petition before the arbitrator challenging the wrongful termination of the contract and also raised 13 items of claims of claims therein. arbitrator made award against the second claim petition preferred by the appellant. this was ..... came to the conclusion that the right to apply under section 20 of the arbitration act would accrue to the party from the date the contract was rescinded. the limitation would be counted from that date. so relying heaving on these observations of the division bench, mr. dalip singh contended .....Tag this Judgment!