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Commissioners for the Port of Calcutta Vs. General Trading Corporation ...

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1890 - Sections 74E and 80; ;Calcutta Port Act, 1890 - Section 142; ;Limitation Act - Section 15(2); ;Sale of Goods Act - Section 23; ;Contract Act, 1872 - Sections 103 and 178; ;Transfer of Property Act, 1882 - Section 137; ;Bills of Lading Act, 1856; ;English Bills of Lading Act, 1855

Reported in : AIR1964Cal290,68CWN410

toe receipt was an instrument of title to goods within the meaning of Section 103 of the Indian Contract Act, 1872. The appellants in that case were a firm of commission agents who had been instructed by one Chhaganlal … these various sections of the Indian Contract Act were repealed by the Indian Sale of Goods Act, 1930. Section 178 of the Indian Contract Act repeats the same enumeration with this difference that this Section instead of using

The Shimoga District Central Co-operative Bank Limited and anr. Vs. Ka ...

Court : Karnataka

Subject : BankingContract

Acts : Contract Act, 1872 - Sections 178 and 178A; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 10

Reported in : 2004(1)CTLJ494(Kar); 2004(2)KarLJ302

pawnor making a default in payment of debt'.7. The provisions of Sections 178 and 178-A of the Indian Contract Act, 1872 are extracted hereunder for convenient reference:178. Fledge by mercantile agent.--Where a mercantile agent is, with the consent of … defendant. Therefore, we are unable to say from the facts that the appellant-Bank can invoke the aid of Section 178 of the Contract Act. So it is evident that in a case where the 1st defendant had neither

The Official Assignee of Madras Vs. the Mercantile Bank of India Ltd.

Court : Mumbai

Subject : Contract

Reported in : (1935)37BOMLR130

the documents. The solution of the question depends on the true effect of Section 178 of the Indian Contract Act, 1872, as then in force; that section which has since been repealed by the Indian Contract (Amendment) Act, 1930,

Munjal Gases, Etc. and ors. Vs. Regional Manager, State Bank of India ...

Court : Punjab and Haryana

Subject : Contract

Acts : Sales of Goods Act, 1930 - Sections 2; Contract Act, 1872 - Sections 178

Reported in : 2004(1)CTLJ570(P& H); (2004)136PLR844

plaintiff and thus, he has right to pledge the goods in terms of Section 178 of the Indian Contract Act, 1872. It. is further contended that any defect in the title of the defendant would not make the pledge

Indian Bank Ltd., Hyderabad Vs. Anomula Seshagiri Rao and Sons Co., Vi ...

Court : Andhra Pradesh

Subject : Commercial

Acts : Transfer of Property Act, 1882 - Sections 59; Registration Act, 1908 - Sections 17; Indian Contract Act, 1872 - Sections 178

Reported in : AIR1971AP287

59 of Transfer of Property Act, 1882, Section 17 of Registration Act, 1908 and Section 178 of Indian Contract Act, 1872 - title deeds handed over on 23.03.1959 - title deeds deposited on 21.04.1959 and a letter also executed

Devi Charan Sri Chand, Mirzapur Vs. Union of India (Uoi) and anr.

Court : Allahabad

Subject : Civil

Acts : Railways Act, 1890 - Sections 73

Reported in : AIR1982All396

subject to the exceptions mentioned in Sees. 30 and 53, Sale of Goods Act, 1930, and Section 178 Contract Act, 1872, its possessor cannot give a better title to the goods than he has. The negotiation of the railway

The Morvi Mercantile Bank Ltd. and anr. Vs. Union of India (Uoi), Thro ...

Court : Supreme Court of India

Subject : Contract

Acts : Transfer of Property Act - Sections 4 and 137

Reported in : AIR1965SC1954; [1965]35CompCas629(SC); [1965]3SCR254

The Judicial Committee held that the railway receipts were instruments of title within the meaning of the Indian Contract Act, 1872, s.103, and that the sellers were therefore not entitled to stop the goods except upon payment or tender … and 178A of the Contract Act and s. 30 of the Indian Sale of Goods Act. The new section 178 of the Contract Act states: "Where a mercantile agent is, with the consent of the owner, in possession

Haneefa Vs. Pathanamthitta Municipality

Court : Kerala

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,

Poona Bank Ltd. Vs. Kachhi Dasa Oswal JaIn Temple

Court : Mumbai

Subject : Civil

Reported in : AIR1932Bom31

a lawful pawnee and having acted in good faith was entitled to the protection afforded by Section 178, Contract Act, and therefore the pledge was valid and passed a decree in favour of the plaintiff for recovery of … attention.' The definition in the General Clauses Act 10 of 1897, cannot apply to the Contract Act of 1872. Even assuming that the words 'done in good faith 'be understood in the sense of 'done honestly whether

Official Assignee, Madras Vs. Mercantile Bank of India, Ltd.

Court : Privy Council

Subject : Land Acquisition

the ipsa corpora of the documents. The solution of the question depends on the true effect of S.178, Contract Act, 1872, as then in force; that section which has since been repealed by the Indian Contract (Amendment) Act, 1930,