JUGGILAL KAMLAPAT versus PRATAPMAL RAMESHWAR

JUGGILAL KAMLAPAT versus PRATAPMAL RAMESHWAR

'Pucca' delivery orders issued by the mills, which contained stipulations that delivery would only be effected upon fulfilment of additional conditions not contemplated by the contract, are not documents of title under section 2(4) of the Sale of Goods Act, 1930, and do not satisfy the contractual requirements for delivery. Custom or usage cannot override statutory provisions or express written contract terms. The appellant's suit fails because the delivery tendered was not in accordance with the contract, and the trade custom pleaded does not avail against statute or clear contract language.

Parties
Appellant/plaintiff: Juggilal Kamlapat; Respondent/defendant: Pratapmal Rameshwar
Jurisdiction
India
Judgment Date
24 November 1977
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal by Certificate From Calcutta High Court
Outcome
Appeal dismissed (by majority), with costs.
Legal Topics
Sale of Goods, Documents of Title, Custom and Usage in Trade, Pleadings and Civil Procedure
Commercial Law Sale of Goods Documents of Title Custom and Usage in Trade Pleadings and Civil Procedure

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Parties

Juggilal Kamlapat

Appellant/plaintiff

Pratapmal Rameshwar

Respondent/defendant

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal by Certificate From Calcutta High Court

Legal Issues

  1. 1 Whether 'pucca' delivery orders tendered by the seller constituted valid documents of title under the Sale of Goods Act, 1930 and satisfied the contract terms
  2. 2 Whether trade custom or usage can override express statutory provisions or terms of a contract
  3. 3 Whether custom or oral evidence can be pleaded to vary the terms of a written contract under sec. 92 of the Evidence Act, 1872

Ratio Decidendi

'Pucca' delivery orders issued by the mills, which contained stipulations that delivery would only be effected upon fulfilment of additional conditions not contemplated by the contract, are not documents of title under section 2(4) of the Sale of Goods Act, 1930, and do not satisfy the contractual requirements for delivery. Custom or usage cannot override statutory provisions or express written contract terms. The appellant's suit fails because the delivery tendered was not in accordance with the contract, and the trade custom pleaded does not avail against statute or clear contract language.

Court Disposition

Appeal dismissed (by majority), with costs.

Orders

  • Appeal dismissed with costs.