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march 1996

Supreme Court of India · 1996-03-01

KERALA STATE FIN. ENTPS. vs JACOB ALEXANDER

Citation / case number
SC 1995/6475
Court
Supreme Court of India
Petitioner
KERALA STATE FIN. ENTPS.
Respondent
JACOB ALEXANDER
Author
G.B. PATTANAIK
Bench
G.B. PATTANAIK

Judgment text excerpt

The Supreme Court examined the provisions of the Cochin Kuries Act VII of 1107 and the terms of the Vaimpu governing the kuri conducted by the defendant. It held that the plaintiff, who had paid all subscriptions, was entitled to a share of the unpaid auction discount despite the defendant's claim that such distribution was not provided for in the Vaimpu. The Court ruled that the foreman could not claim more than what was specified in the Vaimpu, thus upholding the plaintiff's right to the auction discount. The appeal was allowed in favor of the plaintiff.

KERALA STATE FIN. ENTPS. vs JACOB ALEXANDER · Niyam