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.