Court : Punjab and Haryana
Reported in : AIR1960P& H291
..... 151, 152 and 161 of the indian contract act, 1872 ..... 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 ..... act bearing on the matter in controversy are set out below:'section 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 ..... 1872) are as under:'section 151 ..... section 161: 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 ..... section 160: it is the duty of the bailee to return, or deliver according to the bailor's directions, the goods bailed, without demand, as soon as the time for which they were bailed has expired, or the ..... the common law of england or in the carriers act, 1865, regarding the responsibility of common carrier with respect to the carriage of animals or goods, shall affect the responsibility as in this section defined of a railway administration. ..... section 2(6) of the act is in these terms:'2(6): 'debt' means any pecuniary liability, whether payable presently or in future, or under a decree or order of a civil or revenue court or otherwise, or whether ascertained or to be ascertained, which- (a) * * * * *(b) * * * * * (c) * * * * *' the contention of the .....
Tag this Judgment!Court : Allahabad
Reported in : (1900)ILR22All164
..... the nature and extent of his liability are shown by section 152 of the act which 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. ..... it is clearly the relation of bailor and bailee as defined by section 148 of the indian contract act, ix of 1872. ..... ' and section 151 provides 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 ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed. ..... if the owner denied any further protection than this, if he wished to throw upon the hirer the entire risk of accidental or irresistible destruction of the goods, he could not do so by the special contract which section 152 allows, but in the absence of any special contract and of any want of ordinary prudence making the hirer responsible, he must be taken to have accepted the risk as an incident of his business. ..... for the loss of hotel furniture used by the guest while suffering from an infectious disease and destroyed by the owner in order to prevent infection, there being no evidence of negligence on the part of the guest either in the contracting of the disease or in the use of the furniture during its continuance, and it being admitted that the destruction of the furniture was necessary. .....
Tag this Judgment!Court : Mumbai
Reported in : (1957)59BOMLR117
..... 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. ..... now, if we turn to section 151 of the indian contract act, it says 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 ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed. ..... that being so, the provisions of section 161 of the indian contract act would be attracted by virtue of section 72 of the indian railways act and the bailee, namely the railway administration, would be responsible for the consignment not arriving at its destination, namely, sholapur, and not reaching the hands of the consignee.12. ..... if we turn to section 72 of the indian railways act, this is what sub-section (1) of that section provides :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 ft bailee, under section 152 and 161 of the indian contract act, 1872. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All255
..... as follows:--'railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 1872 (ix of 1872) for the loss, destruction, damage, deterioration or non-delivery of goods carried by the railways within a period of 30 days after the termination of transit; provided where the goods are carried at ..... section 151 of the contract act specifies 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 ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and ..... the respondents on the other hand urged that the railways were protected under section 77 (2) of the railways act and where a consignment is not taken delivery of within 30 days, the railways are completely absolved from all losses ..... section (1) of section 77 of the railways act, therefore, makes it incumbent on the railway administration to deal with the goods put in its care as a bailee ..... taken the plea that the claim against them was barred under section 77(2) of the railways act ..... the nature of the care that has to be taken during the period of transit has also to be taken during the period of 30 days after ..... it would, therefore, be clear that the railway administration has to take the same amount of care for the goods as a man of ordinary prudence not only during the period of transit of the goods from the station of origin to the station of destination, but for a period of 30 days .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP465
..... . in the absence of a special contract, no responsibility shall attach to him'for the loss, destruction or deterioration of the tiling bailed, if he had taken the amount of care of it as described in section 151'.in a suit brought by the owner of the goods for damages, the common carrier wanted to avail himself of the relevant provisions of the indian contract act, which reduced the liability in the manner indicated above ..... . the controversy there was whether the greater liability of the common carrier that arose under the carriers' act iii of 1865 was affected by the indian contract act of 1872 which imposed a restricted liability on the common carrier ..... . the ratio decidendi of that ruling was that section 1 of the indian contract act, which very much resembles section 2 of the transfer of property act, had left the provisions of the statute relating to common carriers untouched by the indian contract act ..... . their lordships in agreement with the rangoon high court negatived the plea of the common carrier that the provisions of the carriers' act were superseded by chapter ix of the indian contract act which treats of bailments ..... . this act was in operation when the contract act of 1872 was passed, under sections 151 and 152 of the latter act the bailee was bound to take as much cars of the goods entrusted to him as a man of ordinary prudence would take of his own goods, of the same quality, value and bulk .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad48
..... take up the question of negligence of the board in respect of the goods, there can be no dispute that the board took charge of the goods under section 39 of the madras port trust act and the responsibility of the board for he loss, destruction or deterioration of he goods of which it has taken charge under section 40 of the act is that of a bailee under sections 151, 152 and 161 of the indian contract act. ..... since all the parties are presumed to know the law, the intention is that insurers, who are parties to a policy of marine insurance, which is a contract of indemnity, should be careful to see that, if they desire to sue the board, as standing in the shoes of the assured, they are able to demonstrate a total right to do so, including payment, in whole or in part, to the assured, within a period of six months ..... the defence by the board to the action was two-fold: (1) on the merits it was contended that there was no negligence on the part of the board in taking care of the goods, that the general practice was to stack compressed american cotton in the open, that that practice was followed in the present case, that it was only during the rainy season ..... of a fresh starting point of limitation in favour of the subrogee from the date of subrogation may lead to the anomaly of reviving barred claims".the learned judge was careful to qualify these opinions, by observing that he was not finally deciding the matter; it was left open and the observations have to be construed as obiter.5. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1991Delhi298; ILR1991Delhi634
..... 148 of the indian contract act, 1872, a bailment is defined as the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. ..... it held that the burden was on the bailee and the sub-bailee to establish to the satisfaction of the court as to what degree of care was taken in respect of the damaged car, and the same having been not discharged the learned judge was justified in accepting the evidence of the plaintiff and in recording the finding that bailee and the sub-bailee had not taker, such care of the car as was expected of a prudent man in respect of his own goods of the ..... the legislative intention behind that section is that public money and time should not be wasted on unnecessary litigation and the government and the public officers should be given a reasonable opportunity to examine the claim made against them last they should be ..... 151(161) if, by the fault of the bailee, the goods are not returned, delivered or tendered at the proper time, he is responsible to the bailor or any loss, destruction or deterioration of the goods from that time. ..... 151 prescribes 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 ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed. ..... 151. u/ s. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1990Cal129,1991(34)ECC40,1992(61)ELT607(Cal)
..... section 151 of the contract act provides as follows : 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 circumsiances, take of his own goods of the same bulk, quality and value as the ..... 152 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 as described ..... ordinary circumstances the port commissioners, as the bailee of the goods while the goods were still in their possession, were under an obligation to take such care of the bailed goods as a person of ordinary prudence would under similar circumstances have taken. ..... 151,152 and 161 of the contract act of 1872 omitting the words, 'in the absence of any special contract ..... fact that when the particular machinery so imported from liverpool had been pilfered while still in the custody of the port commissioners does not indicate that they had taken such care as an ordinary man of prudence would take under the similar circumstances. ..... ' the leaned judges further observed that such plea could be taken and also be considered by court unless the claim is not well founded and by reason of delay in filing it, the evidence for the purpose of resisting such a claim has ..... , the consignee had a clear knowledge as to the landingof the goods, when the consignee had taken delivery of the major quantity of the goods so landed. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1099; [1964]6SCR129
..... 29(2) of the indian limitation act which we shall for convenience set out here : '29(2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefore by the first schedule, the provisions of section 3 shall apply, as if such period were prescribed therefore in that schedule, and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law - (a) the ..... the appellant contended before the high court that respondent 1 was not entitled in law to exclude the time so taken by him in obtaining a copy of the order of the tribunal, but that plea was rejected by the high court. ..... 156 of the first schedule to the limitation act says that to an appeal under the code of civil procedure, 1908, to a high court, except in the cases provided for by article 151 and article 153, the period of limitation is 90 days from the date of the decree or order appealed from; and article 151 referred to in article 156 provides for an appeal against a decree or order of any of the high courts of judicature at fort william, madras, and bombay, or of the ..... 97 of the said act, 'save as otherwise provided by this act, the code of civil procedure shall be, and shall, on and from the 15th day of april 1872, be deemed to have been in force throughout british burma'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC294; (1987)89BOMLR65; JT1986(1)SC1071; 1986(2)SCALE977; (1987)1SCC227; [1987]1SCR458; 1987(1)LC88(SC)
..... : [1966]3scr623 was a case under the contract act, 1872 where under section 3 of the indian evidence act, 1872 applied the same standard of proof in all ..... after noting the alleged incidents, the chief justice rejected these events and indicated that from the affidavit evidence it could not have been said that the chief minister had committed acts of violence or intimidation and the entire afidavit evidence established beyond any measure of doubt that the allegations of the petitioner in that case imputing mala fides against the chief minister ..... reliance was placed on the principles of section 114 of the indian evidence act and it was claimed that from the facts found by the high court, the inference was irresistible that the results were tampered with or altered at the behest of the erstwhile chief ..... therefore the duty of the courts, warned this court in the said decision, to scrutinize these allegations with care so as to avoid being in any manner influenced by them in cases where they have no foundation in ..... but the court has taken cognizance of the matter and certain inferences followed from the inherent nature of facts apparent from the facts brought before ..... rawal would not have taken the risk involved in altering the grades except under a great ..... be overlooked, according to the learned judge, that only these three were interested in securing favourable result at the examination according to the learned judge there were two contingencies which had to be taken into consideration. .....
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