| Citation(s) |
|---|
| 1981 SLG 3094 = 1981 SLD 3094 = 1981 CLC 806 |
Court of Special Judge, Karachi
Suit No. 498 of 1979, decided on 20th May, 1980.
Presented By: Naimuddin, J
Mahadeodas and others v. Gherulal Parakh and others A I R 1958 Cal. 703 distinguished. Khurshed Anwar Shaikh for Plaintiff. K. A. Ghani and Arif Hussain for Defendant.
Suit No. 498 of 1979, decided on 20th May, 1980.
Presented By: Naimuddin, J
Mahadeodas and others v. Gherulal Parakh and others A I R 1958 Cal. 703 distinguished. Khurshed Anwar Shaikh for Plaintiff. K. A. Ghani and Arif Hussain for Defendant.
MESSRS GUL AHMED TEXTILE MILLS LTD., KARACHI-Plaintiff
VERSUS
MESSRS Haji UMER BEG & SONS-Defendant
Law: Contract Act (IX of 1872)
Section: 73
Contract Act (IX of 1872) S. 73-Assessment of damages-Defendants agreeing to sell cotton to plaintiffs but on breach of contract by defendants, plaintiffs purchasing cotton from another seller and paying price higher than controlled price-Held, prices fixed and controlled under law-To be taken into consideration for purposes of performance of contract as wells as for purposes of assessment of damages in case of breach of contract Transaction between subsequent seller and plaintiff being in contraven tion of law no damages could be claimed or assessed on basis of difference in prices between…