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Suit No. 498 of 1979, decided on 20th May, 1980.
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 original contract and illegal contract. [Damages‑Contract].
Devkinandan & Co. of Bindki v. Union of India A I R 1961 Pb. 136 ; Bagrandlal Laduram v. Ganesh Commercial Co. Ltd. A I R 1951 Cal. 78 ; Be joy Singh v. Bilasroy & Co. A I R 1951 Cal, 529 ; Hanutmull Boid v. Fateh Chand Murlidhar A I R 1954 Cal. 1 ; Bengd. Oil Mills Ltd. v. Dada Sons P L D 1964 Kar. 18 and Erroll Mackay v. Maharaja Dhiraj Kameshwar Singh and another A I R 1932 P C 196 ref.
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.
Date of hearing : 20th May 1980.
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