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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S. T. Kharche, J
Nagnath Kaulwar and Sons v. M/s. Govindram Shyamsunder
| Table of Content |
|---|
| 1. appellate court's authority to revise trial court decisions. (Para 1 , 2) |
| 2. breach of contract due to non-delivery of goods. (Para 3 , 17 , 21) |
| 3. defendant's arguments against privity of contract. (Para 4 , 5) |
| 4. seller's obligation to deliver goods in a reasonable time. (Para 6 , 18 , 19) |
| 5. agent's disclosure of principal's identity impacts contract liability. (Para 7 , 12 , 16) |
| 6. legal principles governing agents under indian contract act. (Para 8 , 9 , 10 , 11 , 14 , 15) |
| 7. final dismissal of appeal with costs. (Para 20 , 22) |
1. By invoking the jurisdiction of this Court under S.100 of the Code of Civil Procedure , the appellant - original defendant has filed this appeal being aggrieved by the judgment dated 22-12-1989 passed by the Additional District Judge in Regular Civil Appeal No. 42/1988 whereby the appeal was allowed and judgment and decree passed by the trial Court on 14-1-1988 is set aside and the suit of the respondent - plaintiff is decreed with cost with further direction to the defendant to pay Rs. 11,969/- with interest @ Rs. 12% per annum from the date of the suit till realisation.
2. Relevant facts are required to be stated as under :
The responden
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