Legal Question in Business Law in India

kushal delivered some jewellary to chaman for his aproval. Chaman pledge the same with Alok. Kushal went to get back the jewellary from Alok. Would he succeed, and how.


Asked on 8/08/11, 3:44 am

5 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

kushal needs to prove his ownership over the jewelry and in case the ownership is undisputed, he may claim it from any one, chaman or alok.

Read more
Answered on 8/08/11, 4:28 am
Sanjay Kalra Sanjay Kalra & Associates

No. As kushal has no privity of contract with Alok. I differ with Rajiv on this legal issue.

Read more
Answered on 8/08/11, 4:57 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the jewelry was delivered for approval and was not pledged with chaman. so Kushal can recover it from anyone.

Read more
Answered on 8/08/11, 5:27 am
Sanjay Kalra Sanjay Kalra & Associates

No Kushal cannot recover it from Alok for the simple reason that Chaman pledge the same to Alok and Kushal has no Privity of contract with Alok. Kushal can claim the same from chaman only.

Read more
Answered on 8/10/11, 3:08 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the question says that the jewelry was given to chaman only for approval and was not pledged. it can be recovered from anyone....alok or chaman....as kushal is the lawful owner and he himself did not pledge it to anyone....if chaman pledged someone elses jewelry to alok, it cannot abstain kushal from recovering the same.

Read more
Answered on 8/10/11, 4:12 am


Related Questions & Answers

More Business Law questions and answers in India