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Jul 07 2003

Blue Chrome Limited Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Jul-07-2003

Subject : Civil

Acts : Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 - Sections 25; Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Rules, 1982 - Rules 6, 8, 8(1), 8(2) and 16; Limitation Act, 1963 - Schedule - Article 70; Indian Contract Act, 1872 - Sections 172; Limitation Act, 1908 - Schedule - Article 145; Constitution of India - Article 226

Reported in : 2004IAD(Delhi)563; 2003(70)DRJ710

The transaction is, thereforee, in the nature of a 'pledge' as defined in section 172 of the Indian Contract Act, 1872. This is so because it amounts to a bailment of the said FDR as security for the due

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Mar 11 2003

Jry Investments Private Limited Vs. Deccan Leafine Services Ltd. and o ...

Court : Mumbai

Decided on : Mar-11-2003

Subject : Company

Acts : Companies Act, 1956 - Sections 108; Depositories Act, 1996 - Sections 10 and 12; Contract Act, 1872 - Sections 148 and 172; Securities and Exchange Board of India (Depositories and Participants) Regulations, 1996 - Regulation 58; Securities and Exchange Board of India (Depositories and Participants) Act, 1996 - Sections 58(2)

Reported in : [2004]121CompCas12(Bom); [2004]56SCL339(Bom)

It is, therefore, clear that such shares cannot be pledged in accordance with the provisions of the Indian Contract Act, 1872, which requires delivery of the goods pledged. Section 172 of the Contract Act reads as follows :'172. 'Pledge',

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Aug 13 2007

Haneefa Vs. Pathanamthitta Municipality

Court : Kerala

Decided on : Aug-13-2007

Subject : Commercial

Acts : Indian Contract Act, 1872 - Sections 172, 176, 178 and 179; Kerala Municipality (Execution of Public Works and Purchase of Materials) Rules, 1997 - Rules 5(1), 10(2), 10(12), 10(14), 14 and 14(11); Constitution of India - Article 226

Reported in : 2008(1)CTLJ287(Ker)

AIR 1918 Calcutta 947. That is a case under Section 172 read with Section 176 of the Indian Contract Act, 1872. Therein the court held as follows:Government securities which are not specifically mentioned in Section 178 of Contract Act,

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Apr 06 2010

Syndicate Bank Vs. Mohammed

Court : Kerala

Decided on : Apr-06-2010

Subject : Contract

Acts : Contract Act, 1872 - Sections 148, 160, 172 to 176 and 177; ;Travancore Contract Act - Section 129; ;Specific Relief Act; ;T.P. Act - Section 69(3)

Reported in : 2010(2)KLT563

follows:So far as pledge is concerned, the right to sale is contained in Section 176 of the Indian Contract Act, 1872. It is as follows:If the pawnor makes default in payment of the debt, or performance; at the stipulated … the owner becomes the bailor, of such goods although they may not have been delivered by way of bailment.Section 172 of the Contract Act says:The bailment of goods as security for payment of a debt or performance of

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Aug 29 2011

Gtl Limited Vs. Ifci Ltd. and ors.

Court : Delhi

Decided on : Aug-29-2011

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Orders 39, 2 Rules 1, 2;Indian Contract Act, 1872 - Sections 176, 23

has been held that the party cannot take the position that is not present in its pleadings. 40. Section 172 of the Indian Contract Act, 1872 wherein the "Bailment" is defined, the same is reproduced here under:- "172. … without notice on 03.08.2011 and 04.08.2011 respectively in violation of the mandatory provision of Section 176 of the Contract Act, 1872. Therefore, the entire action of the defendant is void ab initio being contrary to law. Thus, the entire

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Jan 22 1963

Md. Sultan and ors. Vs. Firm of Rampratap Kannyalal

Court : Andhra Pradesh

Decided on : Jan-22-1963

Subject : CommercialContract

Acts : Indian Contract Act, 1872 - Sections 172; Transfer of Property Act, 1882 - Sections 58 and 100; Andhra Court-fees and Suits Valuation Act, 1956 - Sections 23, 23(1), 23(2) and 31(8)

Reported in : AIR1964AP201

case I make no order as to costs. Contract - nature of transactions - Section 172 of Indian Contract Act, 1872, Section 58 of Transfer of Property Act, 1882 and Sections 23 (1) and (2) and 31(8) of Andhra Court

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Oct 17 1959

Sri Raja Kakarlapudi Venkata Sudarsana Sundara Narasayyamma Garu (Died ...

Court : Andhra Pradesh

Decided on : Oct-17-1959

Subject : PropertyContract

Acts : Transfer of Property Act, 1882 - Sections 58 and 137; Contract Act, 1872 - Sections 172, 176 and 177; Succession Act, 1925 - Sections 211 and 213; Specific Relief Act, 1877 - Sections 42

Reported in : AIR1960AP273

interpretation - Sections 58 and 137 of Transfer of Property Act, 1882 and Sections 172 and 176 of Contract Act, 1872 - delivery of blank share transfer form along with instrument of security - whether mortgage or pledge - … opinion that the transaction must be treated as one of pledge alone.21. The term 'pledge' is defined in Section 172 of the Indian Contract Act as 'the bailment of goods as security for payment of a debt or

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Aug 16 1993

Hindustan Dorr Oliver Ltd. Vs. A.K. Menon and ors.

Court : Mumbai

Decided on : Aug-16-1993

Subject : Commercial

Acts : Sale of Goods Act, 1930 - Sections 2(7), 2(9) and 27; Indian Contract Act, 1872 - Sections 172, 176, 177, 178 and 179; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992

Reported in : [1994]80CompCas384(Bom)

(9) and 27 of Sale of Goods Act, 1930, Sections 172, 176, 177, 178 and 179 of Indian Contract Act, 1872 and Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - whether four lakh units … the time of the contract of sale notice that the seller has no authority to sell.' 11. Under Section 172 of the Indian Contract Act, a pledge is defined as a bailment of goods as security for payment

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Oct 09 1975

Shatzadi Begum Saheba and ors. Vs. Girdharilal Sanghi and ors.

Court : Andhra Pradesh

Decided on : Oct-09-1975

Subject : Commercial

Acts : Indian Contract Act, 1872 - Sections 172; Transfer of Property Act, 1882 - Sections 54 and 58; Limitation Act, 1963 - Schedule - Articles 19 and 113; Civil Courts Act

Reported in : AIR1976AP273

and is accordingly dismissed with costs.39. Appeal dismissed. Commercial - pledge or sale - Section 172 of Indian Contract Act, 1872, Sections 54 and 58 of Transfer of Property Act, 1882, Articles 19 and 113 of Schedule to Limitation

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Aug 05 1958

Jodhai Ramdayal Vs. Bharat Sukhdi

Court : Madhya Pradesh

Decided on : Aug-05-1958

Subject : Civil

Acts : Provincial Small Cause Courts Act, 1887 - Schedule - Article 15; Contract Act, 1872 - Sections 172 to 181

Reported in : AIR1959MP97

that the case of Bhubotarinee Ghosamy 16 Suth WR 58 was decided before the enactment of the Indian Contract Act, 1872, which has now codified the rights between the pawner and the pawnee, arising out of a bailment of … the pawnee. Thereafter, the rights of the parties are governed by Sections 172 to 181 of the Indian Contract Act. Therefore, where the pawner sues … P.K. Tare, J.1. The defendant has filed this revision under Section 25 of the Provincial Small Cause Courts Act against the decree passed by Shri S. N. Awasthy, Small

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