Supreme Court of India · 1974-04-11
RAMAGYA PRASAD GUPTA & ORS. vs MURLI PRASAD & ORS.
- Citation / case number
- SC 1967/259
- Court
- Supreme Court of India
- Petitioner
- RAMAGYA PRASAD GUPTA & ORS.
- Respondent
- MURLI PRASAD & ORS.
- Bench
- REDDY, P. JAGANMOHAN
Judgment text excerpt
The Supreme Court held that under the Indian Electricity Act, 1910, a partnership agreement that contravenes statutory provisions is void, and thus, money advanced by partners under such an agreement is not recoverable. The Court ruled that the partnership was illegal due to non-compliance with the Act, affirming the High Court's decision that the sole licensee was entitled to the entire purchase money deposited by the Government. The appeals were allowed, clarifying the application of the doctrine of res-judicata in this context.