Law: Contract Act (IX of 1872)

Section: 182,188,230

Law: Qanun-e-Shahadat (10 of 1984)

Section: 118

Law: Land Customs Act, (IV of 1969)

Section: 55

(a) Contract Act (IX of 1872)----AS. 182--Word "agent" connotation of--Mode of creation of agency--"Agent" is a person employed to do any work for another or represent another in dealing with third party---- No particular formality was required to constitute agency--Principal's authority to agent to represent or act for him in bringing or to act in bringing him into contractual relationship with third party constituted essence of agency--Such authority of agency need not be necessarily, in writing but could be inferred from circumstances.(b) Words and phrases-- Word "Agent' would imply a person, employed to do any act for another or represent another in dealing with third party.(c) Contract Act (IX of 1872)---S. 182--Words "indent-and "indentor"--Meaning, scope and import of--Word "indent" would imply an order or requisition for goods--Word "indentor" would connote a person who places order or requisition for goods--Where a person admitted that he took order for supply of goods from plaintiff and placed the same with defendant, thereby bringing contractual relationship between them, such person would be an agent--Documents showed that contract between plaintiff and defendants was entered through his agent--Gods supplied to plaintiff were indented through agent.(d) Words and phrases---"Indent' and "Indentor"--Meaning and scope.(e) Contract Act (IX of 1872)---Ss. 186 & 188--Import of goods--Agent's acceptance of shortage of goods-Agent's acceptance of short landing of consignment coupled with report of surveyors would prove short landing of contracted consignment--In absence of evidence, the plea that the goods were not in conformity with specification, could not be established on record.(f) Qanun-e- Shaliadat (10 of 1984)--S.118--Negligence of defendants--Burden to prove on plaintiff--Mere statement of plaintiffs witnesses about negligence of defendants would not enough to discharge burden of proof to establish negligence of defendants.(g) Contract Act (IX of 1872)----S. 182--Principal residing abroad--Agent to be liable for breach of contract-­Contract would be presumed to exist between purchaser and agent of seller in case where contract was, made by agent…