At the end of the deposit period or when the objective is reached, the lessor is obliged to take the goods back from the bailee. However, if the lessor refuses to do the same, he is entitled to pay compensation to the bailee for the costs of care and necessary care. The bail contract involves the transfer of ownership of the property from the lessor to the bailee for the specific purpose, and the lessor and the bailee have been faced with certain rights and obligations necessary for them to follow whenever it seems appropriate. For the deposit contract to be valid, all essential characteristics must be met. In addition, the deposit of goods is different from the sale of goods, since the deposit is associated with the transfer of ownership, while the sale is associated with the transfer of ownership. Now that we have analyzed in detail the provisions relating to deposit and pledge, we have seen that the concept of deposit involves the transfer of goods to another for a specific purpose, while in the case of pledge, the goods are also transferred, but not to fulfill a specific purpose, but also to keep them as security for the repayment of debts. The deposit is like a deposit and also includes the delivery of the goods from the pledge to Pawnee. The delivery of goods also entails the delivery of possession. For example, delivery involves the transfer of a document to the bank for the subscription of a loan. This transaction involves the delivery of goods.
Morvi Mercantile Bank v Union of India. Here, the delivery of goods means the delivery of goods, which is essential for the deposit. The transfer of ownership of the deposited property from the lessor to the bailee for the purpose of deposit must be distinguished from mere preservation. Anyone who has custody without possession of property is not a bailee. The court found that the bail contract had been created. Therefore, the bailee is entitled to the necessary costs incurred for the purposes of the deposit. Under section 158 of the Indian Contract Act 1872, the lessor is required to reimburse the bailiff for all necessary costs incurred for the purposes of the bail contract. In addition, the lessor is obliged to pay the bailee in the event of default of his title. Every deposit is a deposit, but not every deposit is a deposit.
Regardless of whether the goods are released free of charge or free of charge during the bailiff, the judicial officer is required to disclose to the bailiff`s debtor all known defects concerning the goods deposited against deposit. Otherwise, the judicial officer would be required to compensate the judicial officer for all damage suffered directly by him as a result of this fault. However, it is important to note that in the case of a free deposit, the judicial officer is also responsible for errors of which he is not aware. Illustration If A gives his car B for 10 days, he has his neighbor, but at the same time he keeps a key with him and during this time of 10 days he took the car. Now, this will not be a case of bail, as A retains control of the rescued property. There are many bail cases in our daily lives. For example, in the case of laundry, we give our clothes for washing. As soon as they are washed, they must be returned to us. We temporarily put the other person in possession of our clothes for a specific purpose and there is an explicit or implicit agreement between the two to return the good as soon as the goal is achieved. If a deposit is made without taking into account the advantages for the lessor or the bailiff, it is called a free deposit. Simply put, this is a deposit without consideration.
Privilege is essentially a right of one person to retain property in his or her possession that belongs to another until certain requirements are met. This includes things where, in accordance with the purpose of the deposit, the surety has provided a service that involves the exercise of work or skill in relation to the goods deposited against the deposit. The word “dépôt” is derived from “bailler”, a French word meaning “to deliver”. Surety bonding was defined in section 148 of the Indian Contract Act, 1872, according to which suretyship involves the delivery of goods from one person to another for a specific purpose and, under a contract, when the purpose is achieved, the goods must be returned or processed on the instructions of the person who delivered the goods. 3) Compensation of the prisoner on bail for losses if the deposit is terminated before its end (Article 159): A deposit for remuneration may be terminated at any time by the bailiff, even if the deposit was made for a specific purpose or time. The damage suffered by the bailee as a result of such termination must not exceed the benefit resulting from the deposit. If the loss is greater than the benefit, the guarantee is compensated by the lessor. After fulfilling the purpose, the guarantor is obliged to return the goods according to the instructions of the person handed over or to dispose of them otherwise. There is no deposit if the guarantor is not obliged to return the goods delivered to him. It is this peculiarity that distinguishes the deposit from the sale or exchange.
❖ Surety rights if the lessor is not entitled to make a deposit: Surety contracts fall under a special category of contracts and are treated in accordance with sections 148 to 181 of the Indian Contract Act 1872. While the Contracts Act covers the general principles related to surety contracts, it does not address all types of deposits. The Carriers Act of 1865, the Carriage Act of Goods by Sea Act of 1925 and the Railways Act of 1890 are the few laws that deal with special types of deposits. After fulfilling the purpose, the goods must be handed over to the bailiff or processed according to his instructions. If he is not obliged to return the goods, there is no deposit. Even if there is an agreement to return an equivalent and not the same property, it will not constitute a deposit. According to Article 159, in the case of a free deposit, the lessor may terminate the deposit at any time, even if the deposit was made for a specific time or purpose. However, the lessor is obliged to compensate the surety if the losses he has suffered as a result of the premature termination exceed the benefits he has derived from the deposit. If there is usually a counterparty for a deposit between the lessor and the bailee, it is called a free deposit. (5) Indemnification of the bailee (Article 164): If the ownership of the goods by the bailer is deficient and he is not entitled to pay a deposit and the bailee suffers loss or damage as a result, the bailor shall be liable for such loss or damage.
It is essential that there is a purpose for which the delivery of the goods takes place. If, after fulfilling the purpose of the deposit, the goods are not taken into account, no deposit can be incurred. This is an important feature because it separates it from other relationships such as agency, etc. To fully understand these terms, it is necessary to understand the deposit contract and the parts defined in article 148. Section 148 defines a deposit contract as “a `deposit` means the delivery of goods by one person to another person for a specific purpose, on the basis of a contract under which, when the purpose is achieved, they are returned or otherwise disposed of in accordance with the instructions of the person delivering them.” Here, the person who delivers the goods is called a “bailor” and to whom it is delivered is called a “bailee”. It is also worth noting that if a person is already in possession of someone`s property, contracts are concluded to keep them as a surety and the owner becomes a bailor, even if the goods have not been delivered by deposit. In a deposit contract in which the goods (in the sense of possession) are delivered from one person to another, for a specific purpose. Once the purpose of the deposit is fulfilled, it is mandatory for a bailee to return the property to the lessor or to be disposed of according to the instructions of the lessor, according to the terms of the contract. If the return of the property is delayed or becomes impossible through no fault of the guarantor,. B for example if the property is lost during the deposit or destroyed by natural disasters, the guarantor is not responsible for non-delivery on request. In other situations, the bailee is held liable for the conversion offence because the property was not unfairly transferred, as well as for its unauthorized use.
Under section 170 of the Indian Contract Act of 1872, the surety has a lien on the property he receives under the contract of suretyship. If the judicial officer keeps the property to the judicial officer for a specific purpose and the judicial officer develops his skills and work on these goods, he has the right to keep the property until the bailiff pays him his fees in terms of skills and work. According to section 164, “the surety is liable to the surety for any loss he may suffer because he was not entitled to pay the deposit or to receive the goods or to give instructions that he complies with.” Definition of “bailment”, “bailor” and “baileee” – A “yawning” is the delivery of goods by one person to another person for a specific purpose, based on a contract under which, when the purpose is achieved, they are returned or otherwise disposed of as directed by the person delivering them. .
