SUNDERLAL & SON versus BHARAT HANDICRAFTS (P.) LTD.

SUNDERLAL & SON versus BHARAT HANDICRAFTS (P.) LTD.

Absence of writing evidencing or confirming consent or authority from the non-member as required under s. 15(4) of the Forward Contracts (Regulation) Act, 1952 renders the contract unenforceable and invalid; additional evidence was unjustified at the appellate stage as no substantial cause was shown.

Parties
Appellant: Sunderlal & Son; Respondent: Bharat Handicrafts (Private) Ltd.
Jurisdiction
India
Judgment Date
20 September 1967
Procedural Posture
Civil Appeal / Appeal by Special Leave From Calcutta High Court's Award Case No. 119 of 1963
Outcome
Appeal dismissed
Legal Topics
Forward Contracts Regulation, Validity of Forward Contracts Between Members and Non Members, Arbitration Agreement in Contract, Admissibility of Additional Evidence in Appellate Court
Commercial Law Contract Law Forward Contracts Regulation Validity of Forward Contracts Between Members and Non Members Arbitration Agreement in Contract Admissibility of Additional Evidence in Appellate Court

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Parties

Sunderlal & Son

Appellant

Bharat Handicrafts (Private) Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Calcutta High Court's Award Case No. 119 of 1963

Legal Issues

  1. 1 Whether the contract complied with s. 15(4) of Forward Contracts (Regulation) Act, 1952
  2. 2 Whether absence of written consent or confirmation invalidated the contract
  3. 3 Whether additional evidence can be admitted at appellate stage under Order XLI Rule 27 CPC

Ratio Decidendi

Absence of writing evidencing or confirming consent or authority from the non-member as required under s. 15(4) of the Forward Contracts (Regulation) Act, 1952 renders the contract unenforceable and invalid; additional evidence was unjustified at the appellate stage as no substantial cause was shown.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs