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april 1968

Supreme Court of India · 1968-04-22

BOOTHALINGA AGENCIES vs V. T. C. PORIASWAMI NADAR

Citation / case number
SC 1965/310
Court
Supreme Court of India
Petitioner
BOOTHALINGA AGENCIES
Respondent
V. T. C. PORIASWAMI NADAR
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that a contract entered into in contravention of the terms of a licence is void under Section 56 of the Indian Contract Act, 1872. The Court clarified that the breach of licence conditions does not constitute a breach of the Imports and Exports (Control) Act, 1947, prior to its amendment in 1960. The appeal was allowed, overturning the lower courts' decisions, as the performance of the contract became impossible due to the statutory order in force at the time of the goods' arrival.

BOOTHALINGA AGENCIES vs V. T. C. PORIASWAMI NADAR · Niyam