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 Court: chennai Page 1 of about 24 results (0.122 seconds)

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 .....

M/s. Raj Trust, Rep. by one of the Beneficiaries through his Power of ...

Court : Chennai

..... it is specifically barred under section 63 of the indian evidence act, 1872. 14. section 65 of the indian evidence act deals merely with the foundation that has to be laid for the reception of secondary evidence. one of the circumstances under which the section ..... of the certified copies of the documents, which are court proceedings, by the petitioners. 13. section 63 of the indian evidence act, 1872 specifically lays down what can be termed as secondary evidence and section 65 of the act lays down the situation in which secondary evidence can be filed. a photo copy is not admissible in evidence as ..... law of evidence that the best available evidence should be brought before the court. once an oral contract is reduced to writing, it is not open to any of the parties thereto to prove the terms of the contract by referring to any original oral agreement as section 91 would stand in the way and would preclude .....

B.R. Shanmugam Vs. Lakshmi Shanmugam

Court : Chennai Madurai

..... chosen to lodge a false compliant on the file of the xvii metropolitan magistrate court, saidapet in c.c.no.4914/96 under sections 498a and 406 ipc and section 4 of dowry prohibition act by taking vindictive attitude against the petitioner. the said compliant was quashed by this court in crl.o.p.no. 3328/98 dated 20.10.1998 ..... 32: decree for specific performance, for restitution of conjugal rights, or for an injunction:- (1) where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights or for an injunction, has been passed has had opportunity of obeying the decree and has wilfully failed to obey it, the decree may ..... [in the case of a decree for restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract or for an injunction by his detention in the civil prison, or by the attachment of his property, or by both. ...... (3)where any attachment under sub-rule ( .....

City Union Bank Ltd., Kuttalam Branch, Rep. by its Branch Manager Vs. ...

Court : Chennai

..... without prior intimation to the plaintiff, the defendant bank is not entitled to invoke the general lien contemplated under section 171 of the indian contract act. 13. according to the defendant's counsel, section 171 of the indian contract act would not apply to the present case. however, it is found that section 171 would also apply to the facts of the ..... adjust the said amount from the deposit lying in his name cannot be accepted in any manner. 12. the first appellate court has invoked section 171 of the indian contract act, which provides for general lien of bankers and others. as per the said provision the bankers and others are entitled to retain as a security for a general ..... .b8 to adjust towards the loan without prior intimation to the plaintiff. further, it is found that the general lien provided under section 171 of the indian contract act is applicable to the facts and circumstances of the case and even then in the light of the authority given to the defendant bank under ex.b8 being .....

K. Murugan and Others Vs. Dr. V.K. Marimuthu and Others

Court : Chennai Madurai

..... are no longer res integra. a will must be proved having regard to the provisions contained in clause (c) of section 63 of the indian succession act, 1925 and section 68 of the indian evidence act, 1872, in terms whereof the propounder of a will must prove its execution by examining one or more attesting witnesses. where, however, the validity ..... such circumstances, the apex court also on more than one occasion observed that if the transaction appears to be unconscionable, then the burden of proving that the contract was not induced by undue influence lies heavily upon the beneficiary under the document, who was in a position to dominate the will of the other. in the ..... such circumstances, the apex court also on more than one occasion observed that if the transaction appears to be unconscionable, then the burden of proving that the contract was not induced by undue influence lies heavily upon the beneficiary under the document, who was in a position to dominate the will of the other. in the .....

G. Vasantha Vs. Maharaja Kallash Benefit Fund Ltd., Represented by its ...

Court : Chennai

..... in o.s.no.124 of 2003 on the file of the district court nagapattinam is the appellant. the respondent which is a benefit fund incorporated under the indian companies act, 1956, instituted the above suit for recovery of a sum of rs.5,45,333/- allegedly due on a promissory note said to have been executed by ..... description. it indicates the time when the promissory note was executed. in most cases the date is very material in calculating the date of the performance of the contract and more often fixing the period of limitation within which the plaintiff will have to institute the suit on the foot of such promissory note. it is immaterial whether ..... , or promise thereby undertaken or made.? (6) the law is not otherwise in india. the above said rule is quoted with approval in several indian decisions. section 87 of the negotiable instrument acts statutorily adopts the said rule. section 87 is so far as it is relevant is in the following terms:- any material alteration of a negotiable instrument .....

Seetha Raman and Others Vs. Kannapiran and Others

Court : Chennai

..... section 2-interpretation-clause: in this act the following words and expressions are used in the following senses, unless a contrary intention appears from the context:- (a) when one ..... to act upon the promise is estopped from going back from his promise. only on the edifice of these two broad principles namely, unjust enrichment and estoppel, the equitable relief of specific performance withstands the test of constitutional validity. 21. at this juncture it is relevant to extract section 2 of the indian contract act, 1872:- ..... promises; (g) an agreement not enforceable by law is said to be void: (h) an agreement enforceable by law is a contract. 22. even assuming kannapiran was authorised to act on behalf of appellants, the above interpretation makes clear that exs.b2 and b3 is only a proposal, demanding higher price. there .....

S. Rajeswari and Others Vs. N. Rasayee and Others

Court : Chennai Madurai

..... the original will dated 23.09.1991. it is needless to say that a will has to be proved under the provisions of section 63 of the indian succession act and section 68 of the indian evidence act. p.w.4, who is the attestor of the will has stated that he did not remember whether the testators have seen him affixing his signature ..... a.4 will. 19. a reading of ex.a.4 will makes it clear that the husband and wife executed the joint will and there is no express or implied contract between them that they shall not revoke the will. from the available evidence, the courts below came to the conclusion that only the first defendant is entitled to the suit ..... among themselves. a reading makes it clear that the husband and wife executed two wills in one document in respect of their separate properties. there is no express or implied contract between them that they shall not revoke the will. we find that as between the executants, no benefit or legacy is created and, therefore, as stated in kochu govinda .....

S. Sarojini Vs. P. Mariappan and Another

Court : Chennai

..... in any way disturbing the plaintiff's peaceful possession and enjoyment of the suit property as prayed for? 4. whether the plaintiff has performed his part of the contract as per the sale agreements dated 16.5.2006 and 21.8.2006? 5. whether the defendant has ever received any additional advance of rs.1,50,000/- ..... 2008 to deposit the balance sale considerationof rs.4,88,000/- he hadnot complied with the order. the plaintiff further stated that there was a loan with the indian overseas bank taken for the educational purpose of the daughters which was pending. it had been further stated that due to the 1st defendant, the plaintiff was ..... has held that the plaintiff is entitled for a decree for specific performance, the plaintiff is also entitled to a decree for permanent injunction, restraining the defendant or anybody acting under the defendant from disturbing the plaintiff's peaceful possession and enjoyment of the suit property. accordingly, this issue is answered. 24. issue (7) and issue ( .....