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march 1953

Supreme Court of India · 1953-03-30

THE SEKSARIA COTTON MILLS LTD. vs THE STATE OF BOMBAY.

Citation / case number
SC 1952/65
Court
Supreme Court of India
Petitioner
THE SEKSARIA COTTON MILLS LTD.
Respondent
THE STATE OF BOMBAY.
Bench
BOSE, VIVIAN

Judgment text excerpt

The Supreme Court held that under Sections 7 and 9 of the Essential Supplies Act, 1946, the term 'delivery' refers to physical delivery of goods, and the possession of a del credere agent does not equate to delivery to the seller. The Court found that since the goods had left the mill premises, payment had been made, and the goods were under the control of the del credere agent, the conviction for not providing true and accurate information was illegal. The Court emphasized the need for liberal interpretation of penal statutes.

THE SEKSARIA COTTON MILLS LTD. vs THE STATE OF BOMBAY. · Niyam