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march 1966

Supreme Court of India · 1966-03-25

NARANDAS MORARDAS GAZIWALA & ORS. vs S. P. AM. PAPAMMAL & ANR.

Citation / case number
SC 1964/90298
Court
Supreme Court of India
Petitioner
NARANDAS MORARDAS GAZIWALA & ORS.
Respondent
S. P. AM. PAPAMMAL & ANR.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that while an agent does not have a statutory right to sue a principal for accounts, equitable circumstances may allow such a suit if the principal possesses all relevant accounts. The Court ruled that the agent was entitled to sue for accounts in this case due to the lack of access to necessary information. Furthermore, the Court clarified that an oral agreement preventing the enforcement of a promissory note until certain conditions were met could be proved under the third proviso of Section 92 of the Indian Evidence Act, 1872.

NARANDAS MORARDAS GAZIWALA & ORS. vs S. P. AM. PAPAMMAL & ANR. · Niyam