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Excerpt from The Law Reports, Vol. 40: Under the Superintendence and Centrel of the Incorporated Council of Law Reporting for England and Wales; Indian Appeals; Being Cases in the Privy Council on Appeal From the East Indies; 1912-1913
The High Court in appeal decreed in the respondent's favour against the bank for the full amount claimed.
Basil Scott c.j. Held that the pledge with the bank by defeu dant 2 was invalid under the second proviso to s. 178 of the Contract Act, inasmuch as he found that the 399 bales had been obtained by defendant 2 from the plaintiff (whom he held to have been their lawful owner) by means of an offence or fraud, he having obtained them on the pretence of holding them as a muqaddam but with the intention of pledging them with the bank.
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