| Citation(s) |
|---|
| 1969 SLG 233 1969 SLD 233 1969 PLD 463 |
Supreme Court of Pakistan
Civil Appeal No. 62-D of 1966, decision dated: 17th June 1069.(On appeal from the judgment and decree of the High Court of East Pakistan, Dacca, dated respectively the 12th and 31st March 1965, in Appeal from Original Decree No. 50 of 1964).
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD, ABDUS SATTAR AND M. R. KHAN, JJ
S. M. Husain, Advocate Supreme Court instructed by Abdur. Rab II, Attorney for Appellants. K. Hussain, Senior Advocate Supreme Court (A. H. Mira Advocate Supreme Court with him) instructed by S. M. Abbas, Attorney.
Civil Appeal No. 62-D of 1966, decision dated: 17th June 1069.(On appeal from the judgment and decree of the High Court of East Pakistan, Dacca, dated respectively the 12th and 31st March 1965, in Appeal from Original Decree No. 50 of 1964).
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD, ABDUS SATTAR AND M. R. KHAN, JJ
S. M. Husain, Advocate Supreme Court instructed by Abdur. Rab II, Attorney for Appellants. K. Hussain, Senior Advocate Supreme Court (A. H. Mira Advocate Supreme Court with him) instructed by S. M. Abbas, Attorney.
(1) ANGBATS AKTIEBOLAGET BOHUSLANSKA KUSTEN, SWEDEN AND (2) BIRD & Co. (PAKISTAN) LTD., CHITTAGONG
VS
CENTRAL HARDWARE STORES, CHITTAGONG
Law:
Section:
(a) Constitution of Pakistan (1962),Art. 58 (3)--Special leave to appeal-Granted by Supreme Court to consider points : (i) hat since contract was made directly between principal and other party, decree against agent was not valid and (ii) that as decree was not limited to extent of principal's assets id hands of agent, decree was illegal. (b) Contract Act (IX of 1872), S. 230-Personal liability of agent-Question for determination of arises only in absence of any contract by an agent for a personal liability. Section 230 of the Contract Act protects the agent against personal liability unless he has personally bound himself by contract. Therefore, the question of determining the personal liability of an agent arises only if there is no contract by an agent for a personal liability. The contract either exists in which case it has to be proved or it does not exist. In certain circumstances, as mentioned in section 230, its a existence is presumed. The legal presumption thus raised has to be rebutted by the party contending against it. JUDGMENT SAJJAD AHMAD, J.-This is a defendants' appeal, by special leave, directed against money decree in the sum of Rs. 45,469-4-0 as price of goods supplied by the plaintiff: respondent. The decree was passed by the Additional Subordinate Judge, Chittagong, and was ratified, on first appeal, by a Division Bench of the High Court of East Pakistan. The relevant facts are as follows. Defendant No. 1 which is appellant No. 1 before us, is a Swedish Shipping Company which owned and controlled a carrier vessel named "Alfhem". It carried on business in Chittagong through the agency of Messrs Bird & Co. (Pakistan) Ltd., which is appellant No. 2 before us and which, as a limited company, is doing business, inter alias, as shipping, agents at the Chittagong Port. The vessel "Alfhem" arrived at-Chittagong early in March 1957. On the 13th of March 1937, the Master and Chief Officer of the vessel asked the respondent to supply some material needed for the upkeep of the ship as per list (Annexure `A' to the plaint) which was signed by the Chief Engineer of the ship and made over to the respondent. Before making the supply the respondent…
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