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
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
cylinders as bailee on certain terms and unless the purposs of bailment is completed, there is no question of taking their possession.
(9) At this ... plaintiff, both under contractual obligations and the obligations annexed to the bailment or trust made by the plaintiff in respect of the said cylinders
Chapter IX of the Contract Act deals with ‘Contracts of Bailment’.
Sections 148 to 171 lay down the general law pertaining to
14 There ... Civil Appeal No. 5443 of 2019 Page 8 of 86
bailments, while Sections 172 to 179 delineate specific provisions
concerning pledges, which are a subset
Plaintiffs submit that in the facts of the case there was bailment and the defendants were bailee of the truck and as a bailee ... plaintiffs. U/ S. 148 of the Indian Contract Act, 1872, a bailment is defined as the delivery of goods by one person to another
still be in the custody of the shipowner under a
separate bailment with the shipper or the consignor, as may be. Even dehors
the above ... accrue to the account of the steamer agent if a contract of bailment
between the steamer agent and the Port Trust Authority can be held
Bank as the provisions of S. 171 are confined only to bailment and not to pledges, as contemplated by S. 174 of the Contract ... findings:
"It will be observed that where the transaction of the bailment of pawn as distinct from bailment of any other kind
Court, but their negligence is fully established.
13. The contention that the bailment was gratuitous has no significance. The distinction between mandatum and depositum made ... even in England and the consideration in the case of a gratuitous bailment was taken to be in the shape of the trust reposed
