Supreme Court of India · 1965-03-03
THE MORVI MERCANTILE BANK LTD. AND ANR. vs UNION OF INDIA, THROUGH THE GENERAL MANAGER,CENTRAL RAILWA
- Citation / case number
- SC 1962/245
- Court
- Supreme Court of India
- Petitioner
- THE MORVI MERCANTILE BANK LTD. AND ANR.
- Respondent
- UNION OF INDIA, THROUGH THE GENERAL MANAGER,CENTRAL RAILWA
- Author
- SUBBARAO, K.,DAYAL, RAGHUBAR,MUDHOLKARR.,BACHAWAT, R.S.,RAMASWAMI, V.
- Bench
- SUBBARAO, K.,DAYAL, RAGHUBAR,MUDHOLKAR, J.R.,BACHAWAT, R.S.,RAMASWAMI, V.
Judgment text excerpt
The Supreme Court held that the endorsement of railway receipts by a firm in favor of a Bank constituted a valid pledge of the goods covered by those receipts, allowing the Bank to maintain a suit for recovery of the full value of the consignment amounting to Rs. 35,500. The Court interpreted Section 178 of the Indian Contract Act, 1872, along with Sections 4 and 137 of the Transfer of Property Act, 1882, and Sections 30 and 53 of the Indian Sale of Goods Act, 1930, to facilitate mercantile transactions and support the rights of bona fide pledgees. The dissenting opinion argued against the validity of the pledge, but the majority ruling prevailed, affirming the Bank's right to sue for compensation.