The Trustees of The Port of Bombay v. The Premier Automobiles Ltd. AIR 1971 Bom 317 (implied/involuntary bailment) FACTS: The respondents (R) had imported some machinery, which upon its landing on the Bombay port was taken charge of by the Board (Appellants, A). While being transported by the Board’s employees to one of the sheds…
Kalyani Breweries Limited v. State Of West Bengal and Ors. 1997( 7 ) SCC 738 FACTS: The assessee brewed and sold beer in beer bottles and when empty beer bottles were returned by the customers, refunds were made at same rate for deposit on bottles. There was nothing on record which indicated that the terms…
United Breweries Limited v. State of Andhra Pradesh AIR 1997 SC 1316 FACTS: The assessee (the appellant) sold beer in bottles and crates. With regard to the sale of beer, a scheme was framed under which the assessee collected the sale price of beer and also deposits for the crates and the bottles so as…
State of Maharashtra v. Britannia Biscuit Co. Ltd. 1995 Supp (2) SCC 72 FACTS: The respondents manufactured and sold biscuits in tins. In respect to the biscuits sold in Bombay and its suburbs, the assessee (respondents) charged only for the price of the biscuits. With regards to the tins, the respondents took a refundable deposit…
Lallan Prasad v. Rahmat Ali & Anr. 1967 SCR (2) 233 FACTS: The appellant advanced Rs. 20,000 to the first respondent against a promissory note and a ‘receipt. The first respondent executed an agreement whereby he agreed to pledge as security-for the debt aeroscapes, to deliver them to the appellant, and to keep them in…
Narandas Morardas Gaziwala & Ors. v. S. P. Am. Papammal & Anr. 1966 SCR 38 (agent’s right to claim for accounts) FACTS: Narandas Morardas Gaziwala and Ors. a partnership firm, carrying on business in lace and silver thread at Surat had dealings with another firm, Krishna and Company – who acted as their agents for…
Harshad J. Shah & Anr v. L.I.C. of India & Ors. 1997 (5) SCC 64 (Ostensible Authority, Section 237 of Indian Contract Act) FACTS: A bearer-cheque, with the name of agent on it, towards the payment of premium was handed over to a general agent (R3) of the LIC (R1). (This payment was being made…
Kuchwar Lime & Stone Co. v. Dehri Rohtas Light Railway Co. Ltd. & Anr. 1969 AIR 193 (Implied Agency) FACTS: A quantity of coal was booked by a Colliery to the appellant Company carriage to Banjari station on the respondent Railway’s line and the freight on the consignment was to be paid by the appellant…
Chairman L.I.C v. Rajiv Kumar Bhaskar 2003 ACJ 86 (Implied Agency) FACTS: As per L.I.C salary saving scheme the employer was to deduct the premium from the salary of the employee and deposit with L.I.C. All the related procedures were the responsibility of the employer. Upon death of the concerned employee, the heirs found the…
Lala Shanti Swarup v. Munshi Singh 1967 SCR (2) 312 (Section 124 of Indian Contract Act, Implied Indemnity) FACTS: The plaintiff-respondents (PR) mortgage their land to Bansidhar and Khub Chand (BK) for Rs. 12,000. Half of this mortgaged property was then sold by the real owner (PR) to Shanti Saran(S) (defendant-appellant, DA) at Rs. 16,000….
Gajanan Moreshwar v. Moreshwar Madan (1942) 44 BOMLR 703 (Section 124 of Indian Contract Act, when indemnity can be claimed) FACTS: Plaintiff (P) got a plot of land on lease from municipal corp. of Mumbai. P allowed Defendant (D) to erect building on that land. D, in this course, incurred debt of Rs.5ooo from building…