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april 1955

Supreme Court of India · 1955-04-21

THE DELHI CLOTH AND GENERAL MILLS CO., LTD. vs HARNAM SINGH AND OTHERS.

Citation / case number
SC 1954/90326
Court
Supreme Court of India
Petitioner
THE DELHI CLOTH AND GENERAL MILLS CO., LTD.
Respondent
HARNAM SINGH AND OTHERS.
Bench
BOSE, VIVIAN

Judgment text excerpt

The Supreme Court held that the place of primary obligation for the contract was Lyallpur, as payments were to be made there, making demands for payment at Delhi ineffective. The Court established that the proper law of the contract was determined by the closest connection to Lyallpur, thus affirming that the situs of the debt was also Lyallpur. The Court ruled that the defendant's reliance on the Pakistan ordinance was not a valid defense against the plaintiffs' claim for recovery of their dues.

THE DELHI CLOTH AND GENERAL MILLS CO., LTD. vs HARNAM SINGH AND OTHERS. · Niyam