Supreme Court of India

Bihar Supply Syndicate v. Asiatic Navigation

Diary number
Neutral citation Not assigned by the Court
How to cite
Decided 17 March 1993

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that on the facts and circumstances of this case it was a fit case for the High Court to have exercised power under Order 41 Rule 33 to set aside the decree passed by the trial court against defendant No.3 without having discussed any issue against defendant No.3 and to decide the case itself.

Judgment, page 13

From the headnote

The plaintiff had purchased crushed and uncrushed salt from Defendent No. 3 on payment By a charter party agreement Defendent No. 2, chartered a vessel to Defendent No. 3 for loading salt at Kandla Port in Gujarat and for carrying the same to Calcutta Port. The Plaintiff had directly paid to Defendent No. 2 the freight amount for transport of cargo from Kandla to Calcutta. Defendent No. 2 had inform Defendent No. 3 that the Plaintiff is accepted as Sub- Charteres.…

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