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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

other 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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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

Act, 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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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

by 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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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

the 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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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

the 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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Sep 12 1973

K.R. Rajamanickam Chettiar and ors. Vs. the Union of India

Court : Chennai

Decided on : Sep-12-1973

Subject : Commercial

Acts : Indian Contract Act, 1872 - Sections 73, 151, 152 and 161; Indian Railways Act, 1961 - Sections 73 and 74

Reported in : AIR1974Mad375

of a bailee and in this context alone had referred to Ss. 151, 152 and 161 of the Indian Contract Act, 1872, and the decisions of courts with reference there to Unfortunately, the learned Judge completely failed to take note … of the railways in this behalf has been completely changed by virtue of the amendment to the relevant sections of the Act made in 1961. Section 73 of the Act so amended is as follows:'73. Save as

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Apr 21 1971

Union of India, Owning Eastern Railway by Its General Manager, Calcutt ...

Court : Chennai

Decided on : Apr-21-1971

Subject : Civil

Acts : Indian Railways Act - Sections 13, 72, 72-A, 73, 74, 74-A, 74-B, 74-C 74-D, 74-E, 75, 76, 77, 77-B, 78 and 78B; Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : AIR1972Mad134; (1971)2MLJ257

of the railway administration shall be that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act. 1872, for the loss, destruction, damage, deterioration or non-delivery of goods carried by railway within a period of 30 … the two cases were lost and therefore they could not be delivered to the respondent.Another contention based upon Section 77-B of the Railways Act after its amendment by the Central Act 39 of 1961, was that camphor

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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 … in regard thereto and they could not, therefore, bring themselves within the protection of Section 152 of the Indian Contract Act.14. The Subordinate Judge of Kakinada dismissed all the suits before him having reached the condition that the loss

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Apr 01 1972

Jugalkishore Devideen Vs. Sri Murugan Ghee Supply Co. and ors.

Court : Chennai

Decided on : Apr-01-1972

Subject : Commercial

Acts : Indian Partnership Act, 1932; Railways Act - Sections 72(1) and 73; Indian Contract Act, 1872 - Sections 151, 152 160, 161 and 106

Reported in : AIR1973Mad331

The mere omission of Sec. 160 of the Contract Act in the above list of sections in the Indian Contract Act, 1872 does not mean that there is no responsibility in the railway administration for the non-delivery of the goods … of carriage for reward and it is implicit in the old Section 72(1) of the Act read with Section 161 of the Contract Act. The new Section 73 replaces the old Section 72 of the Act. But the

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Feb 06 1988

Jugalkishor Pannalal Darak Vs. Union of India (Uoi)

Court : Mumbai

Decided on : Feb-06-1988

Subject : CivilContract

Acts : Railways Act, 1890 - Sections 77(1), 77B and 77B(1); Indian Contract Act, 1872 - Sections 1, 147A, 151, 152 and 161

Reported in : II(1989)ACC486; AIR1988Bom377

responsibilities of the railway administration with that of a bailee under Sections 151, 152 and 161 of the Contract Act, 1872. The care to be taken by a bailee under Section 161 of the Contract Act is the same … liability to pay compensation as the plaintiff had failed to comply with provisions of Section 77B of the Indian Railways Act (the Act'). The trial Judge negatived the defence and decreed the suit which judgment was set

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