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may 1954

Supreme Court of India · 1954-05-12

KISHAN LAL AND ANOTHER vs BHANWAR LAL.

Citation / case number
SC 1953/1441
Court
Supreme Court of India
Petitioner
KISHAN LAL AND ANOTHER
Respondent
BHANWAR LAL.
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,BOSE, VIVIAN,BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that the suit brought by the appellants, as agents, for indemnity against the respondent, the principal, was maintainable despite the prohibition on forward contracts in bullion under the Marwar Government's notification. The Court clarified that the right to indemnity is based on Section 222 of the Indian Contract Act, which allows agents to recover losses incurred while acting on the principal's instructions. The Court ruled that since the payments were made outside the prohibited jurisdiction, the suit was not barred by the notification.

KISHAN LAL AND ANOTHER vs BHANWAR LAL. · Niyam