marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
CHAPTER VIII : OF INDEMNITY AND GUARANTEE (146)
Co-sureties liable to contribute equally.— Where two or more persons are co-sureties for the same debt or duty, either jointly or severally, and whether under the same or different contracts, and whether with or without the knowledge of each other, the co-sureties, in the absence of any contract to the contrary, are liable, as between themselves, to pay each an equal share of the whole debt, or of that part of it which remains unpaid by the principal debtor. Illustrations: (a) A, B and C are sureties to D for the sum of 3,000 rupees lent to E. E makes default in payment. A, B and C are liable, as between themselves, to pay 1,000 rupees each. (b) A, B and C are sureties to D for the sum of 1,000 rupees lent to E, and there is a contract between A, B and C that A is to be responsible to the extent of one-quarter, B to the extent of one-quarter, and C to the extent of one-half. E makes default in payment. As between the sureties, A is liable to pay 250 rupees, B 250 rupees, and C 500 rupees.
CHAPTER VIII : OF INDEMNITY AND GUARANTEE (147)
Liability of co-sureties bound in different sums.— Co-sureties who are bound in different sums are liable to pay equally as far as the limits of their respective obligations permit. Illustrations: (a) A, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of 10,000 rupees, B in that of 20,000 rupees, C in that of 40,000 rupees, conditioned for D’s duly accounting to E. D makes default to the extent of 30,000 rupees. A, B and C are each liable to pay 10,000 rupees. (b) A, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of 10,000 rupees, B in that of 20,000 rupees, C in that of 40,000 rupees, conditioned for D’s duly accounting to E. D makes default to the extent of 40,000 rupees. A is liable to pay 10,000 rupees, and B and C 15,000 rupees each. (c) A, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of 10,000 rupees, B in that of 20,000 rupees, C in that of 40,000 rupees, conditioned for D’s duly accounting to E. D makes default to the extent of 70,000 rupees. A, B and C have to pay each the full penalty of his bond.
CHAPTER IX : OF BAILMENT (148)
'Bailment', 'bailor' and 'bailee' defined.— A 'bailment' is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the 'bailor'. The person to whom they are delivered is called the 'bailee'. Explanation.— If a person already in possession of the goods of another contracts to hold them as a bailee, he thereby becomes the bailee, and the owner becomes the bailor of such goods, although they may not have been delivered by way of bailment.
CHAPTER IX : OF BAILMENT (149)
Delivery to bailee how made.— The delivery to the bailee may be made by doing anything which has the effect of putting the goods in the possession of the intended bailee or of any person authorized to hold them on his behalf.
CHAPTER IX : OF BAILMENT (150)
Bailor’s duty to disclose faults in goods bailed.— The bailor is bound to disclose to the bailee faults in the goods bailed, of which the bailor is aware, and which materially interfere with the use of them, or expose the bailee to extraordinary risks; and if he does not make such disclosure, he is responsible for damage arising to the bailee directly from such faults. If the goods are bailed for hire, the bailor is responsible for such damage, whether he was or was not aware of the existence of such faults in the goods bailed. Illustrations: (a) A lends a horse, which he knows to be vicious, to B. He does not disclose the fact that the horse is vicious. The horse runs away. B is thrown and injured. A is responsible to B for damage sustained. (b) A hires a carriage of B. The carriage is unsafe, though B is not aware of it, and A is injured. B is responsible to A for the injury.
CHAPTER IX : OF BAILMENT (151)
Care to be taken by bailee.— In all cases of bailment the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed.
CHAPTER IX : OF BAILMENT (152)
Bailee when not liable for loss, etc., of thing bailed.— The bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in section 151.
CHAPTER IX : OF BAILMENT (153)
Termination of bailment by bailee’s act inconsistent with conditions.— A contract of bailment is avoidable at the option of the bailor, if the bailee does any act with regard to the goods bailed, inconsistent with the conditions of the bailment. Illustration: A lets to B, for hire, a horse for his own riding. B drives the horse in his carriage. This is, at the option of A, a termination of the bailment.
CHAPTER IX : OF BAILMENT (154)
Liability of bailee making unauthorized use of goods bailed.— If the bailee makes any use of the goods bailed which is not according to the conditions of the bailment, he is liable to make compensation to the bailor for any damage arising to the goods from or during such use of them. Illustrations: (a) A lends a horse to B for his own riding only. B allows C, a member of his family, to ride the horse. C rides with care, but the horse accidentally falls and is injured. B is liable to make compensation to A for the injury done to the horse. (b) A hires a horse in Calcutta from B expressly to march to Benares. A rides with due care, but marches to Cuttack instead. The horse accidentally falls and is injured. A is liable to make compensation to B for the injury to the horse.
CHAPTER IX : OF BAILMENT (155)
Effect of mixture, with bailor’s consent, of his goods with bailee’s.— If the bailee, with the consent of the bailor, mixes the goods of the bailor with his own goods, the bailor and the bailee shall have an interest, in proportion to their respective shares, in the mixture thus produced.
CHAPTER IX : OF BAILMENT (156)
Effect of mixture without bailor’s consent, when the goods can be separated.— If the bailee, without the consent of the bailor, mixes the goods of the bailor with his own goods, and the goods can be separated or divided, the property in the goods remains in the parties respectively; but the bailee is bound to bear the expense of separation or division, and any damage arising from the mixture. Illustration: A bails 100 bales of cotton marked with a particular mark to B. B, without A’s consent, mixes the 100 bales with other bales of his own, bearing a different mark. A is entitled to have his 100 bales returned, and B is bound to bear all the expense incurred in the separation of the bales, and any other incidental damage.
CHAPTER IX : OF BAILMENT (157)
Effect of mixture, without bailor’s consent, when the goods cannot be separated.— If the bailee, without the consent of the bailor, mixes the goods of the bailor with his own goods, in such a manner that it is impossible to separate the goods bailed from the other goods, and deliver them back, the bailor is entitled to be compensated by the bailee for the loss of the goods. Illustration: A bails a barrel of Cape flour worth Rs. 45 to B. B, without A’s consent, mixes the flour with country flour of his own, worth only Rs. 25 a barrel. B must compensate A for the loss of his flour.
CHAPTER IX : OF BAILMENT (158)
Repayment, by bailor, of necessary expenses.— Where, by the conditions of the bailment, the goods are to be kept or to be carried, or to have work done upon them by the bailee for the bailor, and the bailee is to receive no remuneration, the bailor shall repay to the bailee the necessary expenses incurred by him for the purpose of the bailment.
CHAPTER IX : OF BAILMENT (159)
Restoration of goods lent gratuitously.— The lender of a thing for use may at any time require its return, if the loan was gratuitous, even though he lent it for a specified time or purpose. But if, on the faith of such loan made for a specified time or purpose, the borrower has acted in such a manner that the return of the thing lent before the time agreed upon would cause him loss exceeding the benefit actually derived by him from the loan, the lender must, if he compels the return, indemnify the borrower for the amount in which the loss so occasioned exceeds the benefit so derived.
CHAPTER IX : OF BAILMENT (160)
Return of goods bailed, on expiration of time or accomplishment of purpose.— It is the duty of the bailee to return, or deliver according to the bailor’s directions, the goods bailed, without demand, as soon as the time for which they were bailed has expired, or the purpose for which they were bailed has been accomplished.
CHAPTER IX : OF BAILMENT (161)
Bailee’s responsibility when goods are not duly returned.— If, by the default of the bailee, the goods are not returned, delivered or tendered at the proper time, he is responsible to the bailor for any loss, destruction or deterioration of the goods from that time.
CHAPTER IX : OF BAILMENT (162)
Termination of gratuitous bailment by death.— A gratuitous bailment is terminated by the death either of the bailor or of the bailee.
CHAPTER IX : OF BAILMENT (163)
Bailor entitled to increase or profit from goods bailed.— In the absence of any contract to the contrary, the bailee is bound to deliver to the bailor, or according to his directions, any increase or profit which may have accrued from the goods bailed. Illustration: A leaves a cow in the custody of B to be taken care of. The cow has a calf. B is bound to deliver the calf as well as the cow to A.
CHAPTER IX : OF BAILMENT (164)
Bailor’s responsibility to bailee.— The bailor is responsible to the bailee for any loss which the bailee may sustain by reason that the bailor was not entitled to make the bailment, or to receive back the goods, or to give directions respecting them.
CHAPTER IX : OF BAILMENT (165)
Bailment by several joint owners.— If several joint owners of goods bail them, the bailee may deliver them back to, or according to the directions of, one joint owner without the consent of all in the absence of any agreement to the contrary.
CHAPTER IX : OF BAILMENT (166)
Bailee not responsible on re-delivery to bailor without title.— If the bailor has no title to the goods, and the bailee, in good faith, delivers them back to, or according to the directions of, the bailor, the bailee is not responsible to the owner in respect of such delivery.
CHAPTER IX : OF BAILMENT (167)
Right of third person claiming goods bailed.— If a person, other than the bailor, claims goods bailed he may apply to the Court to stop the delivery of the goods to the bailor, and to decide the title to the goods.
CHAPTER IX : OF BAILMENT (168)
Right of finder of goods; may sue for specific reward offered.— The finder of goods has no right to sue the owner for compensation for trouble and expense voluntarily incurred by him to preserve the goods and to find out the owner; but he may retain the goods against the owner until he receives such compensation; and, where the owner has offered a specific reward for the return of goods lost, the finder may sue for such reward, and may retain the goods until he receives it.
CHAPTER IX : OF BAILMENT (169)
When finder of thing commonly on sale may sell it.— When a thing which is commonly the subject of sale is lost, if the owner cannot with reasonable diligence be found, or if he refuses, upon demand, to pay the lawful charges of the finder, the finder may sell it— (1) when the thing is in danger of perishing or of losing the greater part of its value, or, (2) when the lawful charges of the finder, in respect of the thing found, amount to two-thirds of its value.
CHAPTER IX : OF BAILMENT (170)
Bailee’s particular 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 of the goods bailed, he has, in the absence of a contract to the contrary, a right to retain such goods until he receives due remuneration for the services he has rendered in respect of them. Illustrations: (a) A delivers a rough diamond to B, a jeweller, to be cut and polished, which is accordingly done. B is entitled to retain the stone till he is paid for the services he has rendered. (b) A gives cloth to B, a tailor, to make into a coat. B promises A to deliver the coat as soon as it is finished, and to give a three months' credit for the price. B is not entitled to retain the coat until he is paid.
CHAPTER IX : OF BAILMENT (171)
General lien of bankers, factors, wharfingers, attorneys and policy-brokers.— Bankers, factors, wharfingers, attorneys of a High Court and policy-brokers may, in the absence of a contract to the contrary, retain as a security for a general balance of account, any goods bailed to them; but no other persons have a right to retain, as a security for such balance, goods bailed to them, unless there is an express contract to that effect.
CHAPTER IX : OF BAILMENT Bailments of pledges (172)
'Pledge', 'pawnor', and 'pawnee' defined.— The bailment of goods as security for payment of a debt or performance of a promise is called 'pledge'. The bailor is in this case called the 'pawnor'. The bailee is called the 'pawnee'.
CHAPTER IX : OF BAILMENT Bailments of pledges (173)
Pawnee’s right of retainer.— The pawnee may retain the goods pledged, not only for payment of the debt or the performance of the promise, but for the interest of the debt, and all necessary expenses incurred by him in respect of the possession or for the preservation of the goods pledged.
CHAPTER IX : OF BAILMENT Bailments of pledges (174)
Pawnee not to retain for debt or promise other than that for which goods pledged. Presumption in case of subsequent advances.— The pawnee shall not, in the absence of a contract to that effect, retain the goods pledged for any debt or promise other than the debt or promise for which they are pledged; but such contract, in the absence of anything to the contrary, shall be presumed in regard to subsequent advances made by the pawnee.
CHAPTER IX : OF BAILMENT Bailments of pledges (175)
Pawnee’s right as to extraordinary expenses incurred.— The pawnee is entitled to receive from the pawnor extraordinary expenses incurred by him for the preservation of the goods pledged.
CHAPTER IX : OF BAILMENT Bailments of pledges (176)
Pawnee’s right where pawnor makes default.— If the pawnor makes default in payment of the debt, or performance, at the stipulated time of the 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 the goods pledged as a collateral security; or he may sell the thing pledged, on giving the pawnor reasonable notice of the sale. If the proceeds of such sale are less than the amount due in respect of the debt or promise, the pawnor is still liable to pay the balance. If the proceeds of the sale are greater than the amount so due, the pawnee shall pay over the surplus to the pawnor.
CHAPTER IX : OF BAILMENT Bailments of pledges (177)
Defaulting pawnor’s right to redeem.— If a time is stipulated for the payment of the debt, or performance of the promise, for which the pledge is made, and the pawnor makes default in payment of the debt or performance of the promise at the stipulated time, he may redeem the goods pledged at any subsequent time before the actual sale of them; but he must, in that case, pay, in addition, any expenses which have arisen from his default.
CHAPTER IX : OF BAILMENT Bailments of pledges (178)
Pledge by mercantile agent.— Where a mercantile agent is, with the consent of the owner, in possession of goods or the document of title to goods, any pledge made by him, when acting in the ordinary course of business of a mercantile agent, shall be as valid as if he were expressly authorised by the 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 notice that the pawnor has not authority to pledge. Explanation.— In this section, the expressions 'mercantile agent' and 'documents of title' shall have the meanings assigned to them in the Indian Sale of Goods Act, 1930 (3 of 1930).
CHAPTER IX : OF BAILMENT Bailments of pledges (178A)
Pledge by person in possession under voidable contract.— When the pawnor has obtained possession of the goods pledged by him under a contract voidable under section 19 or section 19A, but the contract has not been rescinded at the time of the pledge, the pawnee acquires a good title to the goods, provided he acts in good faith and without notice of the pawnor’s defect of title.
CHAPTER IX : OF BAILMENT Bailments of pledges (179)
Pledge where pawnor has only a limited interest.— Where a person pledges goods in which he has only a limited interest, the pledge is valid to the extent of that interest.
CHAPTER IX : OF BAILMENT Suits by bailees or bailors against wrong-doers (180)
Suit by bailor or bailee against wrong-doer.— If a third person wrongfully deprives the bailee of the use or possession of the goods bailed, or does them any injury, the bailee is entitled to use such remedies as the owner might have used in the like case if no bailment had been made; and either the bailor or the bailee may bring a suit against a third person for such deprivation or injury.
CHAPTER IX : OF BAILMENT Suits by bailees or bailors against wrong-doers (181)
Apportionment of relief or compensation obtained by such suits.— Whatever is obtained by way of relief or compensation in any such suit shall, as between the bailor and the bailee, be dealt with according to their respective interests.
CHAPTER X : AGENCY Appointment and authority of ( 182)
'Agent' and “principal” defined.—An “agent” is a person employed to do any act for another, or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the “principal
CHAPTER X : AGENCY Appointment and authority of ( 183)
Who may employ agent.—Any person who is of the age of majority according to the law to which he is subject, and who is of sound mind, may employ an agent
CHAPTER X : AGENCY Appointment and authority of ( 184)
Who may be an agent.—As between the principal and third persons, any person may become an agent, but no person who is not of the age of majority and of sound mind can become an agent, so as to be responsible to his principal according to the provisions in that behalf herein contained
CHAPTER X : AGENCY Appointment and authority of ( 185)
Consideration not necessary.—No consideration is necessary to create an agency
CHAPTER X : AGENCY Appointment and authority of ( 186)
 Agent’s authority may be expressed or implied.—The authority of an agent may be expressed or implied
CHAPTER X : AGENCY Appointment and authority of ( 187)
Definitions of express and implied authority.—An authority is said to be express when it is given by words spoken or written. An authority is said to be implied when it is to be inferred from the circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case
CHAPTER X : AGENCY Appointment and authority of ( 188)
188. Extent of agent’s authority.—An agent, having an authority to do an act, has authority to do every lawful thing which is necessary in order to do such act. An agent having an authority to carry on a business, has authority to do every lawful thing necessary for the purpose, or usually done in the course, of conducting such business
CHAPTER X : AGENCY Appointment and authority of ( 189)
Agent’s authority in an emergency.—An agent has authority, in an emergency, to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence, in his own case, under similar circumstances
CHAPTER X : AGENCY Sub-agents ( 190)
 When agent cannot delegate.—An agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally, unless by the ordinary custom of trade a sub-agent may, or, from the nature of the agency, a sub-agent must, be employed
CHAPTER X : AGENCY Sub-agents ( 191)
“Sub-agent” defined.—A “sub-agent” is a person employed by, and acting under the control of, the original agent in the business of the agency
CHAPTER X : AGENCY Sub-agents ( 192)
Representation of principal by sub-agent properly appointed.—Where a sub-agent is properly appointed, the principal is, so far as regards third persons, represented by the sub-agent, and is bound by and responsible for his acts, as if he were an agent originally appointed by the principal. Agent’s responsibility for sub-agent.—The agent is responsible to the principal for the acts of the sub-agent. Sub-agent’s responsibility.—The sub-agent is responsible for his acts to the agent, but not tothe principal, except in cases of fraud or wilful wrong
CHAPTER X : AGENCY Sub-agents ( 193)
Agent’s responsibility for sub-agent appointed without authority.—Where an agent, without having authority to do so, has appointed a person to act as a sub-agent, the agent stands towards such person in the relation of a principal to an agent, and is responsible for his acts both to the principal and to third persons; the principal is not represented, by or responsible for the acts of the person so employed, nor is that person responsible to the principal
CHAPTER X : AGENCY Sub-agents ( 194)
Relation between principal and person duly appointed by agent to act in business of agency.—Where an agent, holding an express or implied authority to name another person to act for the principal in the business of the agency, has named another person accordingly, such person is not a sub-agent, but an agent of the principal for such part of the business of the agency as is entrusted to him
CHAPTER X : AGENCY Sub-agents ( 195)
Agent’s duty in naming such person.—In selecting such agent for his principal, an agent is bound to exercise the same amount of discretion as a man of ordinary prudence would exercise in his own case; and, if he does this, he is not responsible to the principal for the acts or negligence of the agent so selected.
CHAPTER X : AGENCY Ratification ( 196)
Right of person as to acts done for him without his authority. Effect of ratification.—Where acts are done by one person on behalf of another, but without his knowledge or authority, he may elect to ratify or to disown such acts. If he ratify them, the same effects will follow as if they had been performed by his authority.
CHAPTER X : AGENCY Ratification ( 197)
Ratification may be expressed or implied.—Ratification may be expressed or may be implied in the conduct of the person on whose behalf the acts are done.
CHAPTER X : AGENCY Ratification ( 198)
Knowledge requisite for valid ratification.—No valid ratification can be made by a person whose knowledge of the facts of the case is materially defective.
CHAPTER X : AGENCY Ratification ( 199)
Effect of ratifying unauthorized act forming part of a transaction.—A person ratifying any unauthorized act done on his behalf ratifies the whole of the transaction of which such act formed a part.
CHAPTER X : AGENCY Ratification ( 200)
Ratification of unauthorized act cannot injure third person.—An act done by one person on behalf of another, without such other person’s authority, which, if done with authority, would have the effect of subjecting a third person to damages, or of terminating any right or interest of a third person, cannot, by ratification, be made to have such effect.