| Citation(s) |
|---|
| 2018 SLG 717 2018 SLD 717 2018 PLD 199 |
Law:
Section:
(a) Contract Act (IX of 1872)--- ----S. 182--- Principal and agent---Relationship---Scope---Agreements existed between parties according to which plaintiffs were to facilitate sale of goods on behalf of defendant in the market---Effect---Term 'agent' under S. 182 of Contract Act, 1872 was a person employed to do any act for another or to represent another in dealings with third person and person for whom such act was done or who was so represented was called 'principal'---Agreements provided that plaintiffs would facilitate sale of sugar on behalf of defendant company in market on due dates (dates on which delivery orders could be presented) at market rates or price---Such facilitation was to be regarded as authority for plaintiffs to represent defendant company in its dealings with third persons for sale of sugar---Such clauses of agreement had brought relationship between the parties within the scope of S.182 of Contract Act, 1872 and there was an "agency" between the parties. (b) Contract Act (IX of 1872)--- ----S. 202---Interest of agent---Scope---Nothing existed in S.202 of Contract Act, 1872 that requires that interest that agent "himself" must have, should necessarily exist at the very inception or moment "agency" is created. (c) Sale of Goods Act (III of 1930)--- ----Ss.2(4), 4 & 58---Contract Act (IX of 1872), S.202---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Future goods---Agency with interest---Plaintiffs specific performance of six agreements between the parties on the basis of which plaintiffs were holding to facilitate sales of sugar on behalf of defendant company in market on due dates (dates on which delivery orders could be presented) at market rates or price---Single Judge of High Court issued interim injunction in favour of plaintiffs---Validity---Contracts were those entered into by plaintiffs while acting as agents and they had no personal liability on such score---If plaintiffs were entered into contracts without disclosing that they acted for a principal, then they were prima facie in breach of the clause of agreement, which provided that all sales would be between the seller and market and the investor would only…
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