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march 1965

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.

THE MORVI MERCANTILE BANK LTD. AND ANR. vs UNION OF INDIA, THROUGH THE GENERAL MANAGER,CENTRAL RAILWA · Niyam