Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 152 bailee when not liable for loss etc of thing bailed Page 1 of about 393 results (0.299 seconds)

Union of India (Uoi) and anr. Vs. Singareni Collieries Co. Ltd. and an ...

Court : Andhra Pradesh

Reported in : 2005(5)ALD85

..... loss arising from fright or restiveness of the animal.17. it is, no doubt, true that some tariff rules had also been relied upon. 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 ..... 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).(2) omitted(3) 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 ..... 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.(2) x x x x(3) 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 .....

Loyd Bituman Products (P.) Ltd. Vs. Union of India (Uoi), Represented ...

Court : Chennai

Reported in : (1980)2MLJ363

..... goods carried by rail, within a period of thirty days after the termination of transit, shall be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. there is a proviso to sub-section (1) which deals with goods carried at owner's risk but we are not concerned with that aspect of the matter in ..... as follows ;-77. (1) a railway administration shall be responsible as 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 thirty days after the termination of transit:provided that where ..... transit has to be reckoned.12. section 77(1) refers to the responsibility of the railway administration as a bailee under sections 151, 152 and 161 of the indian contract act. the relevant sections in the contract act, viz , sections 151, 152 and 161, read as follows:section 151. - care to be taken by bailee : - in all cases of bailment the bailee .....

The Great Eastern Shipping Co., Ltd. Vs. E. Govindaswamy Chetty and an ...

Court : Chennai

Reported in : (1957)2MLJ98

..... 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. there is no material on record to sustain the plea of the port trust. there is no proof that the port trust took as much care of the goods taken ..... by them as a man of ordinary prudence would, in similar circumstances, take of his own goods. 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 deterioration of the thing bailed.7. it follows that it is the port trust which is liable ..... of lading and the manifest which were entrusted to them by the shipper and for which they passed a receipt under section 39(3) of the madras port trust act. the learned judge was not prepared to accept the plea of the port trust that the tally sheets were subsequently corrected by the adjustment sheet, because these corrections were .....

Gulam HussaIn Ahmedali and Co. Vs. Trustees of the Port of Trust, Bomb ...

Court : Mumbai

Reported in : AIR1963Bom45; (1962)64BOMLR670; ILR1963Bom35

..... (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.'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 ..... 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. amin's arguments in support ..... the loss.'in onr view, these observations indicate the extent of the care which a bailee is required to take. 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 .....

The Union of India (Uoi) Through the General Manager, Central Railway, ...

Court : Allahabad

Reported in : AIR1971All531

..... 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 (dc of 1872).' 19. sections 151 152 and 161 of the indian contract act read thus:-- section 151: 'in all cases of bailment the bailee is bound to ..... defendant has failed to discharge the initial burden of proving that the railway took the necessary care as was required of a bailee under section 151 of the indian contract act. 31. we now turn to the issue regarding the amount of compensation. in exhibit 'd' annexed to the plaint the plaintiff has given the particulars ..... similar circumstances, take of his own goods, as enjoined by section 151 of the indian contract act. the initial burden thus lay upon the railway administration to show that it took the requisite care as provided by section 151 of the indian contract act. if the defendant succeeded in discharging that initial burden, the onus to prove the .....

M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...

Court : Mumbai

..... under clause 47 and was, therefore, barred from making such a claim. mr. andhyarujina would argue that clause 47 is void under section 28(b) of the indian contract act, 1872. section 28 of the ica runs thus: 28. agreements in restraint of legal proceedings, void. every agreement, (a) by which any party thereto is restricted absolutely ..... of objects and reasons runs thus: statement of objects and reasons the law commission of india has recommended in its 97th report that section 28 of the indian contract act, 1872 may be amended so that the anomalous situation created by the existing section may be rectified. it has been held by the courts that the said section ..... approach may be sound in theory but, in practice it causes serious hardship and might even be abused. 2. it is felt that section 28 of the indian contract act, 1872 should be amended as it harms the interests of the consumer dealing with big corporations and causes serious hardship to those who are economically disadvantaged. 3. the .....

India Builders Corporation Rep. by Its Managing Partner, Mr. Ziaulla S ...

Court : Karnataka

Reported in : ILR2009KAR4028

..... stated under explanation ii to section 44a c.p.c. it is also not possible to hold that decree sustains a claim founded on breach of section 74 of the indian contract act. for these reasons, points 2 & 3 are answered in the negative.reg: point nos. 4 & 5:22. it is the contention of judgment-debtor (india ..... v. the proceedings is which judgment is obtained are opposed to principles of natural justice. the judgment sustains a claim founded on breach of section 74 of the indian contract act.vi. the witness statement stated to have been made by mr. ziaulla sheriff is a concocted document.9. sri udaya holla, learned senior counsel appearing for ..... awarded by the high court of justice, chancery division, london. the judgment awarding damages as aforesteted does not contravene provisions of section 74 of the indian contract act. the parties had entered into contract in u.k., in respect of property situate at u.k. therefore, adjudication of damages by applying english law cannot be termed as breach of .....

Sabina D'Costa Vs. Joseph Antony Noronha

Court : Karnataka

Reported in : AIR1984Kant122; 1983(1)KarLJ452

..... be obliged to return rs. 10,000/- received as advance. the decision so rendered is in accordance with the letter and sprint of section 74 of the indian contract act, the provisions of which are applicable. to the facts of the present case. in that view. i hold that there is no reason for me to interfere ..... in the caw, fateh chand v. balkishan dan, air 1969 sc 1405. 'in pars, 8 of the judgment, has ruled thus:'section 74 of the indian contract act is clearly an attempt to eliminate the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in ..... ex cathedra firmly establish the proposition that if what is contemplated in the agreement is by way of penalty, then section 74 of the indian contract act would come into 'play. but, if the contract is such as damages cannot be ascertained, then, if the parties predestinated the damages and the same appears reasonable, that amount shall .....

Ministry of Defence, Government of India Vs. Cenrex Sp. Z.O.O and Othe ...

Court : Delhi

..... weeks plus 30 days to open the l.c.s. 7. it is also, at this stage, necessary to refer to and reproduce sections 51, 52 and 54 of the indian contract act, 1872 inasmuch as these provisions will be relevant to determine the issue as to whether or not it was the petitioner or the respondent no.1 who was guilty of breach ..... how the arbitrators could have at all reached at such a conclusion in the face of section 52 of the indian contract act, 1872 which provides that contract when provides the stages of performance then performances have to be in the order provided under the contract. in fact, the majority award reverses the logic on its head for the benefit of respondent no.1 herein ..... such that losses cannot be easily calculated, the amount claimed as liquidated damages can be claimed as per section 74 of the indian contract act, 1872 without proving and showing how much loss has been caused vide oil and natural gas corporation ltd. vs. saw pipes ltd., (2003) 5 scc 705. discussion on this is .....

Meenakshinada Deikshtar Vs. Murugesa Nadar and anr.

Court : Chennai

Reported in : AIR1970Mad391

..... that generally apply to restitution, penalty or liquidated damages.'7. notwithstanding the above principle that deposit or earnest money is outside the pale of section 74 of the indian contract act, yet does it follow that a suitor in a case for the refund of deposit is entitled to a decree merely for the asking of it in spite ..... the case of an earnest money is based on a principle completely independent of the considerations that are laid down in sections 64, 65, 73 or 74 of the indian contract act.in fact, an earnest money, belonging as it does to a class of its own, namely, that of deposit, is regulated and controlled by considerations which are ..... contentions of the parties are adverted to, it is convenient to note : [1964]1scr515 , and analyse its import. according to the supreme court, section 74 of the indian contract act made an inroad into refinements of english common law, which always maintain a marked distinction between liquidated damages and penalty. in the case of breach of .....