Section 176 in The Indian Contract Act, 1872
176. Pawnee's right where pawnor makes default.—
If the pawnor makes default in payment ... promise, in respect of which the goods were pledged, the pawnee may bring a suit against the pawnor upon the debt or promise, and retain
Section 172 in The Indian Contract Act, 1872
172. 'Pledge', 'pawnor' and 'pawnee' defined.—
The bailment of goods as security for payment of a debt ... bailor is in this case called the 'pawnor'. The bailee is called 'pawnee
that the property pledged should be actually or
constructively delivered to the pawnee and (2) a pawnee has
only a special property in the pledge ... promise, in respect of which the
goods were pledged, the pawnee may bring a suit against the
pawnor upon the debt or promise, and retain
Indian Contract Act (9 of 1872), s. 176--Pawnee denying
pledge--Right to maintain suit for recovery of amount front
pawner.
HEADNOTE:
The appellant advanced ... Indian Contract Act, 1872, deals with the
rights of a pawnee and provides that in case of default by
the pawner the pawnee
Pledge-
Special property of pawnor-Pawnee's rights whether can be
extinguished by lawful seizure of pawned goods by Government
to satisfy its claims ... granted against the State as the seizure was
lawful.
HELD:The pawnee had special property and a lien which
was not of ordinary nature
Section 173 in The Indian Contract Act, 1872
173. Pawnee's right of retainer.—
The pawnee may retain the goods pledged, not only for payment
owner of the goods to make the same; provided that the pawnee acts in good faith and has not at the time of the pledge
challenged this order on the ground
that its right as a pawnee, well recognised by law, had been
totally ignored by the Division Bench ... clearly in error in ignoring the rights
of the appellant as a pawnee and in ignoring the binding
decisions of this Court on the rights
Section 175 in The Indian Contract Act, 1872
175. Pawnee's right as to extraordinary expenses incurred.—
The pawnee is entitled to receive from
Section 174 in The Indian Contract Act, 1872
174. Pawnee not to retain for debt or promise other than that for which goods pledged. Presumption ... case of subsequent advances.—
The pawnee shall not, in the absence of a contract to that effect, retain the goods pledged for any debt
