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november 1977

Supreme Court of India · 1977-11-24

JUGGILAL KAMLAPAT vs PRATAPMAL RAMESHWAR

Citation / case number
SC 1968/60210
Court
Supreme Court of India
Petitioner
JUGGILAL KAMLAPAT
Respondent
PRATAPMAL RAMESHWAR
Author
M. HAMEEDULLAH () BEG
Bench
M. HAMEEDULLAH (CJ) BEG

Judgment text excerpt

The Supreme Court held that under Section 2(4), 18, and 23 of the Sale of Goods Act, 1930, a pucca delivery order does not pass title if it contains conditions that the mills are not bound to recognize any transferee except the original buyer. The Court ruled that the appellant's claim based on trade custom was invalid as it contradicted express statutory provisions and the written contract terms. The appeal was dismissed, affirming the lower court's decision that the tendered delivery orders were not valid.

JUGGILAL KAMLAPAT vs PRATAPMAL RAMESHWAR · Niyam