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Feb 23 1965

Union of India (Uoi) Vs. Mahadeolal Prabhudayal

Court : Supreme Court of India

Decided on : Feb-23-1965

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 80; Indian Railways Act, 1890 - Sections 72(1), 72(2), 72(3) and 77; ;Indian contract Act, 1872 - Sections 152 and 161; Carriers Act, 1865; ;Evidence Act - Sections 114

Reported in : AIR1965SC1755; 1966(0)BLJR91; [1965]3SCR145

railway to be the same as that of a bailee under Sections 152 and 161 of the Indian contract Act, 1872, subject to other provisions of the Act. Sub-section (2) of s. 72 provides that an agreement purporting to

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Oct 28 1959

Union of India (Uoi) Vs. Amar Singh

Court : Supreme Court of India

Decided on : Oct-28-1959

Subject : Commercial

Acts : Indian Limitation Act - Sections 19 - Schedule - Articles 30 and 31; Indian Railway Act, 1890 - Sections 77 and 80; Indian Contract Act, 1872 - Sections 148, 151, 152, 161 and 194

Reported in : AIR1960SC233; [1960]2SCR75

provisions of the Act, be that of a bailee under s. 151, 152 and 161 of the Indian Contract Act, 1872. Section 148 of the Indian Contract Act defines 'bailment' thus : 'A 'bailment' is the delivery of goods by

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Nov 13 1964

Swastik Agency, Madras Vs. the Madras Port Trust and anr.

Court : Chennai

Decided on : Nov-13-1964

Subject : Commercial

Acts : Madras Port Trusts Act, 1905 - Sections 39, 39(3), 40, 40(1), 40(2), 95 and 95(4); Indian Railways Act, 1890; Indian Contract Act, 1872 - Sections 151, 152 and 161; Land Acquisition Act - Sections 18; Indian Income-tax Act - Sections 33-A(2)

Reported in : AIR1966Mad130; (1965)2MLJ113

Indian Railways Act, 1890, be that of a bailee under Ss. 151, 152 and 161 of the Indian Contract Act, 1872, omitting the words 'in the absence of any special contract' in S. 152 of the last mentioned Act. … the said finding.(6) I shall now take up for consideration the several aspects covered by point No. 1. Section 39 of the Port Trust Act (II of 1905, (hereinafter referred to as the Act) deals amongst other

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Apr 17 1989

i.T.C. Ltd. Vs. Board of Trustees for the Port of Calcutta

Court : Kolkata

Decided on : Apr-17-1989

Subject : Civil

Acts : Calcutta Port Act, 1890 - Sections 61A, 87, 110, 112, 112(1), 113, 113(1) and (2), 142;; Indian Contract Act, 1872 - Sections 3, 25, 151, 152 and 161;; Sea Customs Act, 1973 - Section 16;; Railways Act, 1890 - ; Limitation Act, 1908 - Sections 4 to 24, 29(2);; Limitation (Amendment) Act, 1963 - Section 15(2)

Reported in : AIR1990Cal129,1991(34)ECC40,1992(61)ELT607(Cal)

29(2) of the Limitation Act, 1908 provided that nothing in that Act shall affect S. 25 of the Contract Act, 1872. Sub-rule (2) of S. 29 provided that where any special or local law prescribed for any suit, appeal … omitting the words, 'in the absence of any special contract in S. 152 of the last mentioned Act.' Under the circumstances by virtue of S. … whether the appellant's claim was barred by the law of limitation. While considering the question of limitation, the section which calls for construction of the Calcutta Port Act are :-- S. 113, sub-sec. (1) and sub-sec. (2).

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Jan 13 1964

Union of India (Uoi) Owning Southern Rly., Represented by Its General ...

Court : Andhra Pradesh

Decided on : Jan-13-1964

Subject : Civil

Acts : Railways Act, 1890 - Sections 47(1) and 72; Railways (Amendment) Act, 1961; Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : AIR1964AP477

under Section 47 (1) (f) and Section 72 of Railways Act, 1890 and Sections 151,152 and 161 of Contract Act, 1872 - goods given to railway administration for transmission to various railway station - goods looted by uncontrollable unruly

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Jan 08 1991

The New India Assurance Co. Ltd. and Another Vs. the Delhi Development ...

Court : Delhi

Decided on : Jan-08-1991

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 148, 149, 151, 152, 160 and 161; Code of Civil Procedure (CPC), 1908 - Sections 80 - Order 18, Rule 17-A; Delhi Development Act, 1957 - Sections 53-B(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 523; Delhi Police Act; Motor Vehicles Act, 1988 - Sections 117

Reported in : AIR1991Delhi298; ILR1991Delhi634

time, the defendants were responsible for any loss occasioned to the plaintiffs. U/ S. 148 of the Indian Contract Act, 1872, a bailment is defined as the delivery of goods by one person to another for some purpose, upon … same bulk, quality and value as the goods bailed. Then, u/ S. 152, the bailee, in the absence of any special contract, is not responsible … and to make amends or settle the claim, if so advised without litigation. The legislative intention behind that section is that public money and time should not be wasted on unnecessary litigation and the Government and the

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Mar 20 1962

Gulam HussaIn Ahmedali and Co. Vs. Trustees of the Port of Trust, Bomb ...

Court : Mumbai

Decided on : Mar-20-1962

Subject : Commercial

Acts : Constitution of India - Articles 13, 14, 19(1) and 228; Bombay Port Trust Act, 1879 - Sections 4, 61A(1), 61A(2), 61B, 73 and 87; Indian Ports Act, 1875; Port Trusts and Port (Amendment) Act, 1951; Indian Railways Act, 1890; Indian Contract Act, 1872 - Sections 151, 152 and 161; Calcutta Port Act, 1890 - Sections 112 and 135; Madras-Port Trust Act, 1905 - Sections 40 and 111; Limitation Act - Schedule - Article 36

Reported in : AIR1963Bom45; (1962)64BOMLR670; ILR1963Bom35

1890 (9 of 1890) be that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872 (9 of 1872), omitting the words 'in the absence of any special contract' in section 152 of the

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Jan 11 1962

Union of India (Uoi) Owning Western Railway, Bombay Vs. Dayabhai Laxma ...

Court : Gujarat

Decided on : Jan-11-1962

Subject : Civil

Acts : Railways Act, 1890 - Sections 72; Railways (Amendment) Act, 1961; ;Contract Act, 1872 - Sections 151, 152, 161 and 226

Reported in : AIR1962Guj266

provisions of the Act, be that of a bailee under Sections 151, 152 and 161 Of the Indian Contract Act 1872 (9 of 1872).'Section 161 of the Contract Act reads as under 'If by the default of the bailee,

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Jul 18 1958

Haji Mohamad JamaluddIn Brothers Vs. Union of India (Uoi) Owning Centr ...

Court : Andhra Pradesh

Decided on : Jul-18-1958

Subject : ContractCivil

Acts : Railways Act, 1890 - Sections 47(1) and 72; Wharfage Rules - Rules 3 and 30(2); Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : AIR1959AP84

provisions of the Act, be that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872 (IX of 1872). *** *** (3) Nothing in the common law of England or in the Carriers Act, … learned advocate for the petitioner argued that the above rule was ultra vires the rule-making power conferred by Section 47(f) of the Railways Act. In support of that contention he relied on Governor-General in Council v. Jagan

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Nov 10 1960

V. Kanakaiya Chetty and Co. Vs. the Union of India (Uoi), Represented ...

Court : Chennai

Decided on : Nov-10-1960

Subject : Civil

Acts : Railways Act, 1890 - Sections 72; Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : AIR1961Mad398; (1961)1MLJ348

responsibility of the administration is that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872. Further, Sub-clause 3 of Section 72 specifies that this responsibility is not affected by anything relating to the

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