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january 1959

Supreme Court of India · 1959-01-20

JUTE & GUNNY BROKERS LTD. vs M/S. NEW CENTRAL JUTE MILLS CO., LTD.

Citation / case number
SC 1954/90248
Court
Supreme Court of India
Petitioner
JUTE & GUNNY BROKERS LTD.
Respondent
M/S. NEW CENTRAL JUTE MILLS CO., LTD.
Bench
DAS, SUDHI RANJAN (CJ),DAS, S.K.,GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.

Judgment text excerpt

The Supreme Court held that the Raw Jute (Central Jute Board and Miscellaneous Provisions) Act, 1951, sections 5, 6, and 7, were applicable to the contract in question due to the legal fiction established in section 16 of the Act. The Court clarified that the notification issued under the Ordinance was to be deemed as issued under the Act, thus validating the contract and making the award enforceable. The appeal was allowed, overturning the High Court's decision that had declared the award null and void.

JUTE & GUNNY BROKERS LTD. vs M/S. NEW CENTRAL JUTE MILLS CO., LTD. · Niyam