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Indian Contract Act, 1872 Chapter 9

Title: Of Bailment

State: Central

Year: 1872

.....has been declared to apply to the responsibility of the Trustees of thePort of Madras as to goods in their possession, see the Madras Port Trust Act,1905 (Madras Act 2 of 1905). 2. As toRailway contracts, see the Indian Railways Act, 1890 (9 of 1890), section 72 [Ed. The Indian Railways Act, 1890 (9 of 1980) has been repealed by the RailwaysAct, 1989 (24 of 1989), sec. 200.] Section 162 - Termination of gratuitous bailment by death A gratuitous bailment is terminated by the death either of the bailor or of the bailee. Section 163 - Bailor entitled to increase or profit from goods bailed In the absence of any contract to the contrary, the bailee is bound to deliver to the bailor, or according to his directions, any increase or profit which may have accrued from the goods bailed. Illustrations A leaves a cow in the custody of B to be taken care of. The cow has a calf. B is bound to deliver the calf as well as the cow to A. Section 164 - Bailors responsibility to bailee The bailor is responsible to the bailee for any loss which the bailee may sustain by reason that the bailor was not entitled to make the bailment, or to receive back the goods or to give.....

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Indian Contract Act, 1872 Section 153

Title: Termination of Bailment by Bailees Act Inconsistent with Conditions

State: Central

Year: 1872

A contract of bailment is a voidable at the option of the bailor, if the bailee does any act with regard to the goods bailed, inconsistent with the conditions of the bailment. Illustrations A lets to B, for hire, a horse for his own riding. B drives the horse in his carriage. This is, at the option of A, a termination of the bailment.

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Indian Contract Act, 1872 Section 148

Title: Bailment, `bailor and `bailee Defined

State: Central

Year: 1872

A bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the bailor. The person to whom they are delivered is called the bailee. Explanation.If a person already in possession of the goods of another contracts to hold them as a bailee, he thereby becomes the bailee, and the owner becomes the bailor of such goods, although they may not have been delivered by way of bailment.

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Indian Contract Act, 1872 Section 162

Title: Termination of Gratuitous Bailment by Death

State: Central

Year: 1872

A gratuitous bailment is terminated by the death either of the bailor or of the bailee.

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Contract Act, 1872 Complete Act

State: Central

Year: 1872

CONTRACT ACT, 1872 CONTRACT ACT, 1872 9 of 1872 CHAPTER 00: PRELIMINARY SECTION 01: SHORT TITLE This Act may be called the Indian Contract Act, 1872. Extent and commencement.-It extends to the whole of India except the State of Jammu and Kashmir; and it shall come into force on the first day of September, 1872. Enactments repealed.-Nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not inconsistent with the provisions of this Act. SECTION 02: INTERPRETATION CLAUSE. In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context :- (a) When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal: (b) When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise: (c) The person making the proposal is called the "promisor",.....

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Indian Contract Act, 1872 Complete Act

Title: Indian Contract Act, 1872

State: Central

Year: 1872

.....- Ratification may be expressed or implied Section198 - Knowledge requisite for valid ratification Section199 - Effect of ratifying unauthorized act forming part of a transaction Section200 - Ratification of unauthorized act cannot injure third person Section201 - Termination of agency Section202 - Termination of agency, where agent has an interest in subject-matter Section203 - When principal may revoke agents authority Section204 - Revocation where authority has been partly exercised Section205 - Compensation for revocation by principal, or renunciation by agent Section206 - Notice of revocation or renunciation Section207 - Revocation and renunciation may be expressed or implied Section208 - When termination of agents authority takes effect as to agent and as to third persons Section209 - Agents duty on termination of agency by principals death or insanity Section210 - Termination of sub-agents authority Section211 - Agents duty in conducting principals business Section212 - Skill and diligence required from agent Section213 - Agents accounts Section214 - Agents duty to communicate with principal Section215 - Right of principal when agent deals, on his own.....

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Indian Contract Act, 1872 Section 158

Title: Repayment, by Bailor, of Necessary Expenses

State: Central

Year: 1872

Where, by the conditions of the bailment, the goods are to be kept or to be carried, or to have work done upon them by the bailee for the bailor, and the bailee is to receive no remuneration, the bailor shall repay to the bailee the necessary expenses incurred by him for the purpose of the bailment.

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Indian Evidence Act 1872 Part 3

Title: Production and Effect of Evidence

State: Central

Year: 1872

.....the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him Section 107 - Burden of proving death of person known to have been alive within thirty years When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. Section 108 - Burden of proving that person is alive who has not been heard of for seven years 1 [Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2 [shifted to] the person who affirms it. _______________________ 1. Substituted by Act 18 of 1872, section 9, for "when". 2. Substituted by Act 18 of 1972, section 9, for "on". Section 109 - Burden of.....

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Indian Evidence Act 1872 Chapter 8

Title: Estoppel

State: Central

Year: 1872

When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing. Illustration A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title. Section 116 - Estoppel of tenant; and of licensee of person in possession No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the license of the person in possession thereof, shall be permitted to deny that such person had a title to such possession at the time when such.....

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Indian Evidence Act 1872 Section 117

Title: Estoppel of Acceptor of Bill of Exchange, Bailee or Licensee

State: Central

Year: 1872

No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorese it; nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or licence commenced, authority to make such bailment or grant such licence. Explanation 1.--The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn. Explanation 2.--If a bailee delivers the goods bailed to a person other than the bailor, the may prove that such person had a right to them as against the bailor.

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