Padamsi v Fundi
Padamsi v Fundi (Criminal Appeal No. 14 of 1927) [1927] EACA 16 (1 January 1927)
The Court of Appeal held that, following Indian authorities, a gratuitous bailee such as Chiku, who received the ornaments for a specific and limited purpose, did not have possession within the meaning of section 178 of the Indian Contract Act, 1872, and therefore could not make a valid pledge. The Chief Justice was justified in following these authorities, and there was no evidence that the discretion under section 517 of the Criminal Procedure Code was exercised improperly. The appeal was dismissed, affirming the order for the return of the ornaments to the original owner.
Source excerpt
- Gratuitous Bailment
- Validity Of Pledge
- Possession Requirements
- Fraudulent Pledge
- Judicial Discretion