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november 1953

Supreme Court of India · 1953-11-26

CENTRAL NATIONAL BANK LTD. vs UNITED INDUSTRIAL BANK LTD.

Citation / case number
SC 1953/1473
Court
Supreme Court of India
Petitioner
CENTRAL NATIONAL BANK LTD.
Respondent
UNITED INDUSTRIAL BANK LTD.
Bench
MUKHERJEA, B.K.

Judgment text excerpt

The Supreme Court interpreted 'consent' in Section 30(2) of the Indian Sale of Goods Act, clarifying it means 'agreeing on the same thing in the same sense' as per Section 13 of the Indian Contract Act, rather than 'free consent' under Section 14. The Court held that possession obtained by fraud does not negate consent unless the fraud is so severe that it nullifies consent entirely. The appeal was dismissed, affirming the Calcutta High Court's judgment that the plaintiff bank did not acquire title against the defendant bank or the original seller due to the fraudulent possession by the buyer.

CENTRAL NATIONAL BANK LTD. vs UNITED INDUSTRIAL BANK LTD. · Niyam