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april 1978

Supreme Court of India · 1978-04-04

HAJI MOHAMMED ISHAQ MD. SK. MOHAMMED & 3 OTHERS vs MOHAMED IQBAL & MOHAMED ALI & ORS.

Citation / case number
SC 1968/60229
Court
Supreme Court of India
Petitioner
HAJI MOHAMMED ISHAQ MD. SK. MOHAMMED & 3 OTHERS
Respondent
MOHAMED IQBAL & MOHAMED ALI & ORS.
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court held that there exists an implied contract between the plaintiff and the defendants despite the defendants claiming no privity of contract, as the goods were supplied through an agent who acted on behalf of the defendants. The Court emphasized that the acceptance of goods and partial payments by the defendants established a contractual relationship. The appeal was dismissed, affirming the trial court's decree in favor of the plaintiff for the recovery of the outstanding amount under the provisions of the Civil Procedure Code, specifically Order VI Rule 17 and Order XLI Rule 27.

HAJI MOHAMMED ISHAQ MD. SK. MOHAMMED & 3 OTHERS vs MOHAMED IQBAL & MOHAMED ALI & ORS. · Niyam