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.