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1960 Supreme(SC) 138

K.C.DAS GUPTA, P.B.GAJENDRAGADKAR, K.N.WANCHOO
Printers Private LTD. – Appellant
Versus
Pothan Joseph – Respondent


Advocates:
J.B.DADACHAN, K.R.D.KARANTH, NAUNIT LAL, P.L.VOHRA, PARSHOTTAM TRIKAMDAS, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY

Judgment

GAJENDRAGADKAR, J. : The respondent Pothan Joseph who was working as the Editor of the Deccan Herald owned and published by the appellant. The Printers (Mysore) Private Ltd., in Bangalore has filed a suit against the appellant on two contracts excluded between the parties on April 1, 1948 and February 20, 1953, respectively, and has claimed accounts of the working of the Deccan Herald newspaper from April 1, 1948 to March 31, 1958, as well as payment of the amount that may be found due to him from the appellant under the provisions of Cls. 2 (d) and 1(d) of the said contracts. The services of the respondent were terminated by the appellant by its letter dated September 28, 1957, in which the respondent was told that the termination would take effect from March 31, 1958. However, by a subsequent letter written by the appellant to the respondent on March 17, 1958, the respondent was told that his services had been terminated with immediate effect and he was asked to hand over charge to his successor Mr. T. S. Ramachandra Rao. Thereafter on July 14, 1958, the respondent filed the present suit against the appellant.

2. The appellant contended that the two contracts on which the















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