Law:

Section:

Keywords: Goods, Consideration, Manufacturing, Certificate, Liability, Costs, Description, Patent, Delivery, Compensation For Loss, Contract, Publication, Evidence, Compensation, Exception, Trade Usage, Guarantee, Modification, Disposed Of, Actual Loss, Practice, Order, Director, Commission, Damages, Reduction, Export, Bonus Result: M. JUDGMENT MUSHTAK ALI KAZI, J. These are two connected Letters Patent Appeals arising from two separate Judgments. The first Judgment is by Mr. Justice Feroze Nana Ghulamally delivered on 14th October, 1968 whereby he found in favour of plaintiffs/respondents' claim for a sum of Rs. 24,773-14-0 on account of damages and Rs. 8,174-10-0 as compensation for loss of bonus vouchers, in an action brought by the plaintiffs against the defendants for goods sold and delivered under a contract of sale. The other Judgment was delivered by Mr. Justice Ghulam Rasool K. Shaikh on 6th October. 1969 decreeing the claim in another suit for a sum of Rs. 18,369.44 on account of damages and Rs. 6,896.90 on account of loss due to reduction of bonus vouchers arising from a similar contract of sale of goods. Since these two judgments involve similar questions of law, they will both be disposed of by this Judgment. 2. In the suit brought by M/s. Hussaini Company the plaintiffs/ respondents in July, 1961 purchased a product commercially known in the market a, "Decorticated Cotton Seed Cake Expellers". The purchase was made in two lots each of 3,000 bags at Rs. 11.50 and Rs. 12 per maund respectively through broker Abdul Shakoor. This purchase had been made on the clear understanding that the goods were meant for export to United Kingdom. Under the contract the defendants/ appellants, in the sale note, mentioned that the goods were sold under "un-percent" guarantee. The exporters' certificate showing that these goods, namely, Pakistan Decorticated Cotton Seed Oil Cakes Expeller containing not less than 43% of oil and Albuminoids combined were being exported to M/s. Louis Dreyfus & Co. Ltd., London, was signed by one Ali Muhammad as Principal Official for Managing Director of M/s. Bengal Oil Mills Limited, the defendants/appellants. These goods,…

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