Niyam v2 is live — start for just ₹100 — 200 credits to try

december 1962

Supreme Court of India · 1962-12-06

SETH BANARSI DAS vs THE CANE COMMISSIONER & ANOTHER

Citation / case number
SC 1960/241
Court
Supreme Court of India
Petitioner
SETH BANARSI DAS
Respondent
THE CANE COMMISSIONER & ANOTHER
Author
DAS, S.K.,KAPURL.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR
Bench
DAS, S.K.,KAPUR, J.L.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that the agreement between the appellant and the Cane Marketing Society was binding despite minor omissions in the prescribed form, as all essential conditions were incorporated. The Court ruled that Section 18(2) of the Uttar Pradesh Sugar Factories Control Act, 1938, could be interpreted as directory, and even if mandatory, the appellant could not benefit from his own failure to sign the form. The arbitration clause was enforceable as the terms were established in writing, and the appeal against the High Court's dismissal was rejected.

SETH BANARSI DAS vs THE CANE COMMISSIONER & ANOTHER · Niyam