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1959 Supreme(Bom) 112

B.N.GOKHALE, PATWARDHAN
Khimji Poojnja and Co. – Appellant
Versus
N. Ramanlal and Co. and Ors – Respondent


JUDGMENT - (8) The principal point of controversy which has been agitated at considerble length in these appeals is whether S. 8 of the Bombay Forward Contracts Control Act, 1947 (LXIV of 1947), which will hereafter be referred to as the Bombay Act, has been rendered inoperative by virtue of a notification issued by the Textile commissioner on 16-7-1953 under the provisions of the central Cotton Order, 1950, which order itself was issued in exercise of the powers conferred on the Central Legislature by the Essential Supplies (Temporay Powers) Act , 1946 (XXIV of 1946), which will hereafter be referred to as the Essential Supplies Act. As we have already indicated. the other law point which was raised on behalf of the plaintiffs in these suits was wherther the Bombay Act was also redered inopertative by virtue of the notification applying s. 15 of the Forward Contracts (Regulation) Act, 1952 (74 of 1952). That notification was issued on 30-7-1954, that is to say, long after all the contracts in suit, and it has been fairly conceded on behalf of the plaintiffs in asll these appeals that in view of this position it will not be possible to press the argument urged in the lower Court re


















































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