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december 1954

Supreme Court of India · 1954-12-03

DUNI CHAND RATARIA vs BHUWALKA BROTHERS LTD.

Citation / case number
SC 1953/1418
Court
Supreme Court of India
Petitioner
DUNI CHAND RATARIA
Respondent
BHUWALKA BROTHERS LTD.
Bench
BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court interpreted 'actual delivery of possession' under Section 2(1)(b)(i) of the West Bengal Jute Goods Future Ordinance, 1949, affirming that it encompasses both symbolical and constructive delivery as defined in Section 2(2) of the Indian Sale of Goods Act, 1930. The Court held that the expression 'involving the actual delivery of possession' implies a resultant actual delivery from the chain contracts, thus validating the legislative competence of the Provincial Legislature under the Government of India Act, 1935. The appeal was decided in favor of the appellant, confirming the validity of the contracts in question.

DUNI CHAND RATARIA vs BHUWALKA BROTHERS LTD. · Niyam