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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 … seller in respect of the goods shall have effect as if such lien or right did not exist." Section 178A of the Contract Act states: "178A. When the pawnor has obtained possession of the goods pledged by him

Gtl Limited Vs. Ifci Ltd. and ors.

Court : Delhi

Subject : Civil

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

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 … and has not at the time of the pledge notice that the pawnor has not authority to pledge. 178A. Pledge by person in possession under voidable contract - When the pawnor has obtained possession of the goods

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

Purshottam Das Banarsi Das Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Subject : Contract

Acts : Evidence Act, 1872 - Sections 115; Contract Act, 1872 - Sections 148, 178A and 180; Sale of Goods Act, 1930 - Sections 27

Reported in : AIR1967All549

of a bailee.22. Learned counsel for the respondent has invited our attention to Section 180 of the Indian Contract Act and has urged that asbailee, the Railway it as much entitled to file the suit for recovery of … find anyforce in this appeal, which is hereby dismissedwith costs. Civil - negligence - Section 115 of Evidence Act, 1872 - railway authorities negligent in effecting delivery on basis of forged railway receipts - whether the act of

Veena JaIn Vs. Directorate of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

Subject : Criminal

love and affection for gifting away any valuable property under section 122 of Property Act or section 25 Contract Act, 1972 is required to be proved by the appellant. This burden has not been discharged. The fact of … evidence when such statement is recorded under section 40 FER Act, 1973 especially when section 30 Indian Evidence Act, 1872 is not applicable in these proceedings whereby statement of co-accused is excluded. 4. This an admitted fact that … It cannot be disputed that in proceedings for imposing penalties under clause (8) of section 167 to which section 178A does not apply, the burden of proving that the goods are smuggled goods, is on the Department. This