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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

transit. 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

by the defendant No. 1 has to be in accordance with the law and principles envisaged under the Indian Contract Act, 1872. It is submitted that the illegal invocation of the pledge and consequently unilateral sale to itself tantamount to … of the pledge notice that the pawnor has not authority to pledge. 178A. Pledge by person in possession under voidable contract - When the pawnor … was stated, sale of shares by the defendant No.1 is illegal, and such sale is in violation of Section 176 of the Contact Act, 1872 as no notice was given prior to the said sale. 18. It

Veena JaIn Vs. Directorate of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

Subject : Criminal

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 … 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 … 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