Supreme Court of India · 1963-02-11
FIRM GIRDHAR MAL KAPUR CHAND vs FIRM DEV RAJ MADAN GOPAL
- Citation / case number
- SC 1961/240
- Court
- Supreme Court of India
- Petitioner
- FIRM GIRDHAR MAL KAPUR CHAND
- Respondent
- FIRM DEV RAJ MADAN GOPAL
- Author
- GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAHC.
- Bench
- GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that once a partnership is registered under the Indian Partnership Act, 1932, it remains valid and effective unless cancelled according to law, even after the partition of India, as per Section 69(2). The Court further ruled that forward contracts in cotton seeds are not prohibited by law, as cotton and cotton seeds do not fall under the definition of essential commodities under the Essential Supplies Act, 1946. The appeal was dismissed, affirming the High Court's decision to increase the decretal amount in favor of the respondent.