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1953 Supreme(Mad) 335

P.V.RAJAMANNAR, VENKATARAMA AYYAR
Central Brokers – Appellant
Versus
N. K. Murthy – Respondent


Advocates:
S. Ramachandra Aiyar and C.M. Alagiriswami for Appellant and R. Vaidyanathan for Respondent in O.S.A. No. 44 of 1951.
B.V. Viswanatha Aiyar for Appellant and K.M. Venkatavaradachari for Respondent in O.S.A. No. 57 of 1951.
P.C. Sarangapani for Appellant and A. Nagarajan and A. Viswanathan for Respondent in O.S.A. No. 58 of 1951.

Judgment:-

These appeals arise out of suits instituted by the appellants who are a firm of Stock Brokers called the Central Brokers, for recovery of certain amounts claimed as balance due on account of secveral purchases and sales of shares effected by them on behalf of the respective defendants. The suits were contested on the ground inter alia that the contracts sued on were void as being in contravention of section 94-C of the Defence of India Rules, and that the claims based thereon were in consequence unenforceable under section 23 of the Contract Act. There were a number of other suits in which the same defence had been raised and Mack, J. directed that the question should be argued as a preliminary issue in all of them. After hearing counsel in all the suits, he held that the contracts were illegal and accordingly dismissed the suits in limini. Against this judgment the plaintiffs have preferred the above appeals and the only point that arises for consideration therein is whether the contracts sued on were void and unenforceable on the ground that they were in contravention of section 94-C of the Defence of India Rules. That section which came into force on nth September, 194



















































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