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.