Law: Sale of Goods Act, (III of 1930)

Section: 64

(a) Interpretation of documents Document must be read as a whole in order to determine its true nature, import and scope. Sahibzada Mansoor Ahmad's case 1993 MLD 2529 and Abdur Razzaq's case 1995 SCMR 1489 ref. (b) Sale of Goods Act (III of 1930)--S.64 A Applicability Agreement between the parties revealed that the same was a building contract Section 64 A Sale of Goods, Act, 1930 was not attracted as the ingredients of said section were not applicable---Principles. State of Madras v. Messrs Gannon Dunkeley and Company AIR 1958 SC 560 fol. JUDGMENT CH. IJAZ AHMAD, J. The brief facts out of which the present intra Court appeal arises are that appellant was awarded contract by the respondents for supply of pipes to the respondents on 5 6 1995. The appellant had to complete the work within 12 months. The appellant imported the pipes under the direction of the respondents and supplied to the respondents. The respondents failed to give benefit of section 64 A of Sale of Goods Act to the appellant. The appellant being aggrieved submitted a representation before the respondents which was forwarded by respondents Nos. 2 to 5 but the same was finally not approved by respondent No. 1 vide order dated 11 3 1997. The appellant being aggrieved filed Writ Petition No.25995 of 1997 with the following prayer: "In view of the above circumstances, it is most respectfully prayed that the petition may be accepted and an appropriate writ may be issued in the following terms: (i) That the decision of respondent No.1 communicated to the petitioner vide letter No.CDA/W&S(R/A)Zone-Accts/W II/ 148(486)/153 dated 11 3 1997 with regard to the refusal of the respondent No. 1 to make the payment of Rs.1,01,65,143 the amount due to the petitioner on account of statutory increase in taxes is absolutely illegal and without lawful authority. And the petitioner is entitled to recover the aforesaid amount from the respondents on account of statutory increase in duties and taxes and devaluation in Pak currency. (ii) Direction be issued to the respondent No.1 to make payment of Rs.1,01,65,143 to the petitioner with mark up at the rate of 23 percent. per annum and also to immediately pay the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492