Court : Andhra Pradesh
Reported in : 2005(5)ALD85
..... section 151 of the indian contract act, 1872, dealing with care to be taken by the bailee reads as under:'in all cases of bailment the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would under similar circumstances, take of his own goods of ..... sections 72 and 73 of the indian railways act, 1890 read, as hereunder:72(1) the responsibility of a railway administration for the loss, destruction or deterioration of animals or goods delivered to the administration to be carried by railway shall, subject to the other provisions of this act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (ix of 1872 ..... as hereunder:'section 72 of the indian railways act which contains the measure of the general responsibility of the railway administration runs as follows:(1) the responsibility of a railway administration for the loss, destruction or deterioration of animals or goods delivered to the administration to be carried by railway shall, subject to the other provisions of this act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. ..... further, there is no substantial difference between these two sections and as such it is immaterial which of the two applies.section 151 of the indian contract act recites:'in all cases of bailment the bailee is bound to take as much care of gods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1961Mad398; (1961)1MLJ348
..... enunciated in section 72(1) of the indian railways act, and, broadly stated, the responsibility of the administration is that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. ..... might here observe that the criterion in section 151 of the care that should be taken by a man. ..... prior thefts, there is only certain evidence that one or two suspected instances were reported in the recent past.it is difficult to see what measures the railway administration could have taken, at least with regard to open wagons secured in the usual manner, short of allotting an armed sentry or guard to each goods train. ..... the railway administration must realise that its responsibilities as bailee are very real, and that when the occasion arises to justify them, this is not to be lightly regarded, or taken as a matter of ordinary office routine. ..... to the conclusion that the goods were lost by theft, in spite of duo care and caution taken by the railway administration (issue 4). ..... , we have again to deal with a closed wagon, with the absence of any device to exclude thieves, and the frequency of prior thefts, in respect of which no precautions had been taken.in surat cotton spinning and weaving mills ltd. v. ..... not clear from this rule that this has any reference at all to the measures to be taken after a theft or similar incident. ..... a-21 show that there were prior reports of suspected thefts on this track.the railway administration ought to have taken steps to prevent their recurrence. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2003P& H11; II(2003)BC570
..... it has been held that section 151 of the indian contract act, 1872, states that in all cases of bailment, the bailee is bound to take as much care of the goods bailed to him as a man of ordinaiy prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed. ..... section 151 of the act provides for the degree of care to be taken by the bailee of the goods bailed. ..... by no stretch of imagination can it be said that the robbery could not have taken place if the lockers and the strong room had been built according to the guidelines issued by the indian bankers association and the reserve bank of india. ..... 1872, provides, that the bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in section 151. ..... udho ram & sons, air 1963 sc 422, it has been held that evidence should be offered by the bailee with respect to the extent of the precautions taken to protect the goods entrusted. ..... the fact that a robbery had taken place cannot lead to the presumption that the strong room and the lockers were not built according to specifications. ..... but in the view that i have taken that no bailment has been proved, it is unnecessary to consider this question further. ..... the bank has, however, admitted that the appellants had taken locker no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(1)AWC834(SC); I(2008)BC594(SC); 2008BusLR121(SC); [2008]141CompCas361(SC); 2007(2)CTLJ451(SC); JT2008(1)SC140; 2007(14)SCALE445; 2008(1)SCC643; 2008(2)CivilLJ77; 2008(1)LH(SC)538; (2008)1SCC643
..... submitted that possession of the respondents in relation to the plant and machinery was that of a 'bailee' and as it has not been alleged that proper care thereof had not been taken as envisaged under section 151 of the indian contract act, 1872, the respondents are not liable to reimburse the appellants for the loss of articles. ..... learned counsel appearing for picup, on the other hand, would submit that in terms of the provisions of the 1951 act as also 1972 act, they were not only entitled to take possession of the properties under section 29 of the 1951 act but were also entitled to invoke the guarantees furnished by the directors of the company. ..... of its powers under section 29 of the 1951 act possession of the assets of the appellant company was taken over by the u.p. ..... to sale of the unit and in a case of this nature where the possession of the plant and machinery had been taken of an on- going concern, an extra care on the part of the authorities of the financial corporation was expected. ..... to the appellant asking for its response thereto failing which it was threatened that action under section 29 of the 1951 act would be taken. ..... application of section 29 of the state financial corporations act, 1951 ('the 1951 act') vis--vis the uttar pradesh public moneys (recovery of dues) act, 1972 ('the 1972 act') is in question in these appeals which arise out of a common judgment and order dated 29th september, 1999 passed by a division bench of the high court of judicature at allahabad .....
Tag this Judgment!Court : Chennai
Reported in : (1957)2MLJ98
..... section 40(1) defines the responsibility of the port trust for the loss', destruction, or deterioration of goods taken charge by them as that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872 ..... it is only on such proof that under section 152 of the indian contract act, the bailee would be relieved from the responsibility for loss destruction, or ..... purpose of performing the service and shall give a receipt in the form and to the effect prescribed from time to time by the central government.after any goods have been taken charge of and a receipt given for them under this section no liability for any loss or damages which may occur to them shall attach to any person to whom a receipt shall have been given or to the master or the ..... the ground on which the judges in the new trial bench dismissed the suit against the port trust was that section 39(3) of the madras port trust act applies only to a case where the owner of the goods authorises the port trust to take charge of the goods but that the plaintiff never required the port trust to ..... this, i think, follows from the second paragraph of section 39(3) of the act which says that after the goods have been taken charge of by the port trust and a receipt given for them, no liability for any loss or damage which may occur to the goods shall attach to the master ..... there is no proof that the port trust took as much care of the goods taken charge of by them as a man of ordinary prudence would, in similar circumstances .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2000)ACC434; JT2000(3)SC433; (2000)125PLR461; 2000(2)SCALE537; (2000)4SCC553; [2000]2SCR538; 2000(2)LC865(SC); (2001)1LW756
..... it does not conceive of an absolute liability as in the english common law and the rule of the roman law has been adopted by many states in the continent.the extent of liability of a bailee under sections 151 & 152 of the indian contract act, 1872, is different from the extent of liability of a common carrier. ..... the bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, it' he has taken the amount of care of its described in section 151.14. ..... so long as the goods are in the custody of the carrier, it is the duty of the carrier to take due care as he would have taken of his own goods and he would be liable if any loss or damage was caused to the goods on account of his own negligence or criminal act or that of his agent and servants.28. ..... it is contended that in his capacity as 'carrier', the respondent had taken full care of the goods entrusted to him by the appellant and since the goods were directed to be unloaded at bhiwandi on the instructions of the consignee, ii could not be said that the respondent was negligent in any manner. ..... if a person was negligent and did not take as much care as he would have taken of his own goods, he would be liable in damages. ..... it is contended that if that amount of care, which a person would have taken of his own goods, is not taken by the carrier, it would amount to deficiency in service and the carrier would be liable in damages to the owner for the goods bailed to him.13. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom45; (1962)64BOMLR670; ILR1963Bom35
..... -- the responsibility of the board for the loss, destruction or deterioration of goods of which it has taken charge shall, subject to the other provisions of this act and subject also in the case of goods received for carriage by railways to the provisions of the indian railways 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 last-mentioned act. ..... . as provided by section 152 of the contract act, a bailee is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken as much care of the goods bailed as a man of ordinary prudence would take of his own goods ..... 'section 151 of the contract act requires a bailee 'to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed. ..... the effect of section 6ib, therefore, is that after the board have taken charge of any goods as required by section 61a(1), the board are required to take the same degree of care of the goods which a bailee is required to take under section 151 of the contract act, but that they are not responsible for the loss, destruction or deterioration of the goods if they have taken that amount of care,4. mr. .....
Tag this Judgment!Court : Mumbai
Reported in : (1918)20BOMLR735
..... of this responsibility are defined in the following sections of the indian contract act of 1872 :-151. ..... of bailment the bailee is bound to take as much care of the goods bailed to him as a nian of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality, and value as the goods bailed.152, the bailee, in the absence of any special contract, is not responsible for the loss, destruction, or deterioration of the thing bailed if he has taken the amount of care of it described in section 151.7. ..... contract of carriage had been terminated by the arrival of the flat at the wharf at which delivery should have been taken, and by the neglect of the plaintiffs to take delivery in due course, the liability of the defendant company under the bills of lading had ceased, and its responsibility thereafter was that of an ordinary bailee ..... why, if that were so, the man remaining on board his flat in close proximity to the fire, should not have taken for his own sake, if for no other reason, such an easy step, the learned judge does not seem to ..... it was, in his opinion, incumbent upon the defendant company to satisfy him that they had taken such care of these goods as a man of ordinary prudence would take of his own goods. ..... the contrary view, and came to the conclusion ' that the defendant company took as much care of the jute as a man of ordinary prudence would, under similar circumstances, have taken of his own goods of the same bulk, quality, and value.12. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1918All176; 43Ind.Cas.180
..... section 152 of the indian contract act provides that the bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in section 151, that is, as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the ..... act of 1890 reduces the responsibility of carriers by railway to that of bailees under the contract act, 1872; it also declares in section 72(3) that nothing in the common law of england or in the carriers act, 1865, regarding the responsibility of common carriers with respect to the carriage of animals or goods shall affect the responsibility of a railway administration as defined in the section ..... section 161 of the indian contract act provides that if, by the default of the bailee, the goods are not returned, delivered or tendered at the proper time, he is responsible to the bailor for any loss, destruction or deterioration of the goods from ..... section (1) of section 72 of the indian railways act, 1890--we quote only so much of the section as is applicable to this case--provides that the responsibility of a railway administration for the loss or destruction of goods delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under sections 152 and 161 of the indian contract act, 1872 .....
Tag this Judgment!Court : Kolkata
Reported in : 43Ind.Cas.263
..... section 152 of the indian contract act provides that the bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in section 151, that is, as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the ..... act of 1890 reduces the responsibility of carriers by railway to that of bailees under the contract act, 1872; it also declares in section 72(3) that nothing in the common law of england or in the carriers act, 1865, regarding the responsibility of common carriers with respect to the carriage of animals or goods shall affect the responsibility of a railway administration as defined in the section ..... section 161 of the indian contract act provides that if, by the default of the bailee, the goods are not returned, delivered or tendered at the proper time, he is responsible to the bailor for any loss, destruction or deterioration of the goods from ..... section (1) of section 72 of the indian railways act, 1890--we quote only so much of the section as is applicable to this case--provides that the responsibility of a railway administration for the loss or destruction of goods delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under sections 152 and 161 of the indian contract act, 1872 .....
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