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march 1950

Supreme Court of India · 1950-03-14

MESSRS. KHIMJI POONJA AND COMPANY vs SHRI BALDEV DAS C. PARIKH

Citation / case number
SC 1949/20
Court
Supreme Court of India
Petitioner
MESSRS. KHIMJI POONJA AND COMPANY
Respondent
SHRI BALDEV DAS C. PARIKH
Bench
DAS, SUDHI RANJAN

Judgment text excerpt

The Supreme Court held that contracts not in accordance with the bye-laws of a recognized cotton association are void under Section 8 of the Bombay Cotton Contracts Act, 1932. The Court found that the contract note in question did not comply with the amended bye-laws, specifically regarding the minimum deposit and the omission of new clauses, rendering it invalid. Consequently, the arbitration clause contained within the contract note was also deemed void, affirming the Bombay High Court's judgment.

MESSRS. KHIMJI POONJA AND COMPANY vs SHRI BALDEV DAS C. PARIKH · Niyam