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november 1960

Supreme Court of India · 1960-11-30

MESSRS BASANT LAL BANARSI LAL vs BANSI LAL DAGDULAL

Citation / case number
SC 1956/12
Court
Supreme Court of India
Petitioner
MESSRS BASANT LAL BANARSI LAL
Respondent
BANSI LAL DAGDULAL
Author
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,SUBBARAO, K.,WANCHOO, K.N.,MUDHOLKARR.
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,SUBBARAO, K.,WANCHOO, K.N.,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the Bombay Forward Contracts Control Act, 1947, does not render forward contracts legal but only specifies conditions under which they may be illegal, while the Essential Supplies (Temporary Powers) Act, 1946, explicitly prohibits certain forward contracts, including those in groundnuts. The Court found no repugnancy between the two Acts, affirming that both apply concurrently in Bombay. Consequently, a composite award related to multiple disputes must be set aside if any dispute was illegally referred, leading to the upholding of the High Court's decision to set aside the award.

MESSRS BASANT LAL BANARSI LAL vs BANSI LAL DAGDULAL · Niyam