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.