bailed to them, unless there is an express contract to that effect.' Bailments of pledges
Section 148 in The Indian Contract Act, 1872
148. 'Bailment', 'bailor' and 'bailee' defined.—
A 'bailment' is the delivery of goods by one person ... such goods, although they may not have been delivered by way of bailment
Care to be taken by bailee.—
In all cases of bailment the bailee is bound to take as much care of the goods bailed
Indian Contract Act, 1872
172. 'Pledge', 'pawnor' and 'pawnee' defined.—
The bailment of goods as security for payment of a debt or performance
transaction of transfer of right to use goods is a
species of bailment, as there is no transfer of ownership in
such transaction and since ... such transactions are in the
nature of contract of bailment, the transfer is completed
only upon the delivery of the goods and, therefore, situs
JAFFER
GAJENDRAGADKAR, P.B.
CITATION:
1958 AIR 274 1958 SCR 781
ACT:
Bailment-Non-delivery of goods by bailee-Rights and remedies
of bailor-Election ... restore the bailor's property on the
termination of the bailment and if he fails to do, he may be
sued in detinue. (Clerk
that
it partook of the nature of a contract of bailment with an
element of sale added to it.
Lee v. Butler ... agreement
in the instant case contained not merely a contract of
bailment simpliciter but also an element of sale, the
transaction had rightly been subjected
deny that his bailor or licensor had, at the time when the bailment or licence commenced, authority to make such bailment or grant such licence
State that it could not be
treated as a bailee because a bailment could arise only
under a contract.
HELD : (i) The State Government ... order became final was
therefore that of a bailee. There can be bailment and the
'relationship of a bailor and bailee in respect
lien.—
Where the bailee has, in accordance with the purpose of the bailment, rendered any service involving the exercise of labour or skill in respect