Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 152 bailee when not liable for loss etc of thing bailed Sorted by: recent Page 1 of about 393 results (0.479 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 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 .....

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 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 .....

Canara Bank Vs. Mr Subramanya Rao K

Court : Karnataka

..... forfeited by the bank. 5.5.2 the high court held that rule 9(5) of the rules should yield to the principles of section 73 of the indian contract act, 1872. a further view was taken by the high court that the forfeiture of the amount of deposit by secured creditor under the sarfaesi ..... if not paid by the successful auction- purchaser, another recovery proceeding would have to be initiated by the secured creditor in terms of sections 73 and 74 of the contract act to recoup the loss and expenditure occasioned to it by the defaulting successful auction-purchaser. secondly, such an interpretation would allow unscrupulous borrowers being hands-in glove with the ..... brought into play to negate the mandatory effect of forfeiture of earnest money deposit under the rule, it was observed, if sections 73 and 74, respectively of the contract act are interpreted so as to be made applicable to a breach in payment of balance amount by the successful auction-purchaser, it would lead to a chilling effect in .....

Central Bureau Of Investigation Vs. Srinivas D. Sridhar

Court : Supreme Court of India

..... (cbi) (bank securities and fraud cell), mumbai, for the offences punishable under sections 420, 468, 471 and 120-b of ipc and section 13(2) read with 13(1)(d) of prevention of corruption act, 1988 (for short, the pc act ). charge sheet was filed for the said offences on 8th august 2014. a total of seven accused persons were charge- sheeted ..... epc) facilities of rs.330 crores.3. the bank disbursed a sum of rs. 247.50 crores against epc on various dates. the company claimed that it was awarded a contract by m/s kamal alloys ltd., tanzania, for the execution/setting up of a steel plant in tanzania on a turnkey basis. therefore, the epc facility was granted for procurement ..... the respondent, he abused his official position as a public servant and indulged himself in mischief or criminal misconduct, as provided in section 13(1)(d) of the pc act. she submitted that criminal appeal no.2891 of 2023 page 4 of 11 at the stage of framing of the charge, the high court could not have gone into the .....

Buoyant Technology Constellations Pvt Ltd Vs. M/s Manyata Reallty

Court : Karnataka

..... would also qualify to be the corporate guarantor, yet since it is a settled proposition of law that any partnership concern constituted under the provisions of the indian partnership act, 1932, by virtue of the law, is indispensable from its partners and as such the liability of the partners in any partnership concern is unlimited. ..... proposition that - 13 - the liability of partners in any partnership firm, also applicable in the instant case to the firm, duly constituted under the provisions of indian partnership act, 1932, is unlimited. thus, relying upon the settled proposition of the law and its principals, partners of the said guarantor firm, ipso facto, would be ..... decision of the apex court in mafatlal industries ltd. v. union of india [(1997) 5 scc536, the concept of jurisdiction was highlighted. yet another decision in indian farmers fertilisers cooperative society ltd. v. bhadra products [(2018) 2 scc534, was relied on, again to submit that the jurisdiction is a coat of many colours .....

Neelam Gupta Vs. Rajendra Kumar Gupta

Court : Supreme Court of India

..... to who are competent to contract and it provides that every person is competent to contract who is of the age of majority according to the law to which he is subject (of course the reference ..... transfer of property act deals with persons competent to transfer. it provides that every person civil appeal nos. 3159-60 of 2019 page 33 of 53 competent to contract is competent to transfer property to the extent and in the manner allowed and prescribed by any law for the time being in force. section 11 of the indian contract act, 1872, provides as ..... is to the indian majority act, 1875) and who is of sound mind and is not disqualified from contracting by any law to which he is subject.30. though an agreement to sell is a contract of sale, going by its definition under section 54 of the transfer of property .....

Chief Commissioner Of Central Goods And Service Tax Vs. M/s Safari Ret ...

Court : Supreme Court of India

..... laid down in the case of bharat sanchar nigam limited & anr. v. union of india & ors.2, must be applied. it is submitted that under the cgst act, a works contract involving the creation of immovable property is treated as a supply of services. thus, the nature of the deliverable, namely, building, etc., has no relevance to the levy ..... and carnatic co. ltd., etc.10, jindal stainless ltd. and anr. v. state of haryana and ors.11 and state of tamil nadu and anr. v. national south indian river interlinking agriculturist association12. the true import of the legislative provision is to be understood from the plain reading of the provision and not on the basis of affidavits or ..... included in the definition of plant . in decided cases, the high courts have rightly understood the meaning of the term plant in a wide sense. (see cit v. indian turpentine and rosin co. ltd. [(1970) 75 itr533.9. if the dictionary meaning of the word plant were to be taken into consideration on the principle that the .....