PRINTERS MYSORE PRIVATE LIMITED Vs. POTHAN JOSEPH
LAWS(SC)-1960-4-9
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on April 27,1960

PRINTERS PRIVATE LIMITED Appellant
VERSUS
POTHAN JOSEPH Respondents


Referred Judgements :-

GARDNER V. JAY [REFERRED]



Cited Judgements :-

I T C LIMITED VS. GEORGE JOSEPH FERNANDES [LAWS(SC)-1989-2-1] [APPROVED A MISTAKE WILL NOT AFFECT ASSENT UNLESS IT IS THE MISTAKE OF BOTH THE PARTIES. NEITHER PART]
SHAH SEGALAL CHARANRAJ AND CO VS. SOUTHERN INDIA TRADING AGENCY INDIA [LAWS(MAD)-1988-4-10] [REFERRED TO]
K. YUSUF SHERIFF VS. K. AKBAR SHERIFF [LAWS(MAD)-1975-4-34] [REFERRED TO]
DALAI RAMAN AND ANR. VS. RADHAMOHAN SAMANTARAY AND ORS. [LAWS(ORI)-1964-9-14] [REFERRED TO]
S S SAHU VS. HARIPRASAD SAHA [LAWS(ORI)-1979-5-4] [REFERED TO]
A.R. ASHWATH GUPTA VS. A.R. JAYACHANDRA GUPTA AND ORS. [LAWS(KAR)-2015-7-150] [REFERRED TO]
KURIACHAN VS. KSEB [LAWS(KER)-1977-10-5] [REFERRED TO]
RAKESH ENTERPRISES A PARTNERSHIP FIRM VS. ADDISONS PAINTS AND CHEMICALS LTD [LAWS(MAD)-1996-10-76] [REFERRED TO]
GOWRISHANKARA SWAMIGALU VS. SIDDHAGANGA MUTT [LAWS(KAR)-1989-3-40] [REFERRED TO]
STEEL PLANT PRIVATE LTD VS. SWASTIKA ALLOY STEEL LTD [LAWS(CAL)-1978-4-39] [REFERRED TO]
UNION OF INDIA VS. CHHAJJOOMAL AND SONS [LAWS(MPH)-2002-5-59] [REFERRED TO]
VENKAT REDDY VS. BUDENNA [LAWS(KAR)-1971-1-1] [REFERRED TO]
SHAM KAPOOR VS. SURAJ PRAKAS KAPOOR [LAWS(DLH)-2004-3-89] [REFERRED TO]
MOHAMMED IMADUDDIN FAROOQUI VS. KARKHANA ZINDA TILISMATH [LAWS(APH)-2017-7-24] [REFERRED TO]
UNION OF INDIA VS. JAIMSPEX WIRES TRADERS [LAWS(BOM)-1982-10-6] [REFERRED TO]
NEELKANTH DEVANSH DEVELOPERS PRIVATE LIMITED VS. URBAN INFRASTRUCTURE VENTURE CAPITAL LIMITED [LAWS(BOM)-2016-3-13] [REFERRED TO]
G SAMBRAJYAM VS. P MAHALAKSHMAMMA [LAWS(APH)-1994-12-39] [REFERRED TO]
AMBARI TEA COMPANY LIMITED VS. MANJUSHREE SAHA [LAWS(CAL)-1985-11-3] [REFERRED TO]
RECKITT AND COLMAN OF INDIA LTD VS. JYOTHI LABORATORIES LTD [LAWS(CAL)-1999-4-17] [REFERRED TO]
AXIS BANK LIMITED VS. MADHAV PRASAD AGGARWAL & ORS [LAWS(BOM)-2018-10-159] [REFERRED TO]
CHETAK CO-OPERATIVE HOUSING SOCIETY LTD. VS. SANDHU BUILDERS [LAWS(BOM)-2019-1-283] [REFERRED TO]
YESWANT VS. USHA KUMAR [LAWS(MAD)-1984-11-28] [REFERRED TO]
PROCTOR AND GAMBLE COMPANY STATE OF OHIO U S A VS. CHRISTIAN HODEN INDIA PRIVATE LTD [LAWS(MAD)-1988-4-12] [REFERRED TO]
PATEL ENTERPRISES BANGALORE VS. M P AHUJA [LAWS(KAR)-1992-11-31] [FOLLOWED ON]
ARPITA GHOSH VS. UNIVERSITY OF CALCUTTA & OTHERS [LAWS(CAL)-2017-8-166] [REFERRED TO]
ADDITIONAL COLLECTOR OF CUSTOMS VS. MIRZA ALI AKBAR KASHANI [LAWS(CAL)-1965-5-33] [REFERRED]
NIMCHA COAL CO LTD VS. SRINIWAS GOENKA [LAWS(CAL)-1966-9-13] [REFERRED TO]
LAKSHMI VENKATESHWARA RICE MILL VS. MAHARUDRA RICE INDUSTRIES [LAWS(KAR)-2014-11-274] [REFERRED TO]
G S MANDER VS. INDIAN OLYMPIC ASSOCIATION [LAWS(DLH)-1995-1-65] [RELIED]
HIMALAYA DRUG COMPANY VS. GUFIC LIMITED [LAWS(BOM)-2004-1-132] [REFERRED TO]
NUTRICA PUSTI HEALTHCARE PVT. LTD. VS. MOREPEN LABORATORIES LTD. [LAWS(DLH)-2021-4-112] [REFERRED TO]
DR MAHENDRA KUMAR MODI VS. GUJARAT STATE FERTILIZERS & CHEMICALS LTD. [LAWS(BOM)-2016-8-94] [REFERRED TO]
SRIVENKATESWARA CONSTRUCTIONS VS. UNION OF INDIA [LAWS(APH)-1973-7-15] [REFERRED TO]
RAMNATH SAW MILL VS. M.R. SHENVI [LAWS(BOM)-2010-10-251] [REFERRED TO]
SABYASACHI DASGUPTA VS. SWAPAN DASGUPTA [LAWS(CAL)-1993-5-5] [REFERRED TO]
ORISSA CONCRETE & ALLIED INDUSTRIES LIMITED VS. UNION OF INDIA [LAWS(CHH)-2017-11-151] [REFERRED TO]
PURSHOTTAM VISHANDAS RAHEJA VS. SHRICHAND VISHANDAS RAHEJA [LAWS(SC)-2011-5-49] [REFERRED TO]
BIHAR WATER DEVELOPMENT CORPORATION (PRIVATE) LTD. VS. BATLIBOI AND COMPANY (PRIVATE) LTD., AND ANOTHER [LAWS(PAT)-1987-1-24] [REFERRED TO]
SHYAM SEL AND POWER LIMITED VS. SHYAM STEEL INDUSTRIES LIMITED [LAWS(SC)-2022-3-42] [REFERRED TO]
STATE OF UTTAR PRADESH VS. JANKI SARAN KAILASH CHANDRA [LAWS(SC)-1973-4-67] [REFERRED]
HINDUSTAN COMPUTERS LTD VS. ORIENTAL BUSINESS CONSULTANTS PVT. LTD. [LAWS(MPH)-1988-2-30] [REFERRED TO]
BRAJMOHAN AND OTHERS VS. NATHULAL [LAWS(MPH)-1987-10-56] [REFERRED TO]
K P RAMAKRISHNAN VS. NEW INDIA ASSURANCE CO LTD [LAWS(KER)-1982-2-22] [REFERRED TO]
SURESHCANDRA BHULABHAI JARIWALA VS. MAGANLAL LALLUBHAI [LAWS(GJH)-1965-12-1] [REFERRED]
BHAVESH MOHANLAL AMIN VS. NIRMA CHEMICAL WORKS LTD [LAWS(GJH)-2005-5-29] [REFERRED TO]
RAYMON ENGINEERING WORKS LTD VS. UNION OF INDIA [LAWS(CAL)-1972-1-15] [REFERRED TO]
UNION OF INDIA VS. HIND GALVANIZING AND ENGINEERING CO PVT LTD [LAWS(CAL)-1972-7-14] [REFERRED TO]
ASIAN ASPHALT VS. SHALIMAR TAR PRODUCTS LTD [LAWS(CAL)-1978-3-28] [REFERRED TO]
N. PRATHIMA VS. KARNATAKA REDDY JANA SANGH AND ORS. [LAWS(KAR)-2015-8-45] [REFERRED TO]
B JAIKISHAN BOOB RAICHUR VS. DINDIGAL COTTON MILLS MADURA! DISTRICT TAMIL NADU [LAWS(KAR)-1996-8-30] [FOLLOWED ON]
GLAXO SMITH KLINE PHARMACEUTICALS LTD VS. UNION OF INDIA [LAWS(DLH)-2011-12-41] [REFERRED TO]
ANIL KUMAR SETH VS. LALIT KUMAR SETH [LAWS(DLH)-2022-4-252] [REFERRED TO]
DARIUS RUTTON KAVASMANECK VS. GHARDA CHEMICALS LIMITED AND ORS. [LAWS(BOM)-2015-4-12] [REFERRED TO]
T S B K SHRAMAN MAHARAJ VS. MAYAPUR SRICHAITANYA MATH [LAWS(CAL)-1984-11-10] [REFERRED TO]
BANK OF MADURA LTD VS. BHARAT LAXMI TRADING CO. LTD. AND OTHERS [LAWS(CAL)-1990-2-71] [REFERRED TO]
NUPUR MITRA VS. BASUBANI PVT LTD [LAWS(CAL)-1999-2-23] [REFERRED TO]
SAMANTHA FAY VS. SALOO CHOUDHURY [LAWS(CAL)-2009-8-73] [REFERRED TO]
RAJASTHAN HOUSING BOARD VS. ENGINEERING PROJECTS INDIA LIMITED [LAWS(RAJ)-2000-4-4] [REFERRED TO]
KURIACHEN VS. KERALA STATE ELECTRICITY BOARD [LAWS(KER)-1977-10-21] [REFERRED TO]
H RUDRAMUNIYAPPA VS. SECRETARY SHIVAGANGA MANDAL PANCHAYAT [LAWS(KAR)-1998-8-3] [REFERRED TO]
NEWSCLICK.IN PUBLISHER OF ARTICLE THROUGH PRABIR PURKAYASTHA VS. ADANI POWER RAJASTHAN LIMITED [LAWS(GJH)-2022-4-2] [REFERRED TO]
BRILLIANT PUBLIC SCHOOL SOCIETY SEEPAT ROAD VS. BRILLIANT PUBLIC SCHOOL SITAMARHI [LAWS(CHH)-2020-3-74] [REFERRED TO]
RANJIT KAUR VS. UNION OF INDIA [LAWS(DLH)-1995-9-94] [REFERRED TO]
ALLIED NIPPON LIMITED VS. ALLIED MOTORS [LAWS(DLH)-1999-5-52] [REFERRED]
SATILILA CHARITABLE SOCIETY VS. SKYLINE EDUCATION INSTITUTE INDIA PRIVATE LIMITED [LAWS(DLH)-2004-10-140] [REFERRED TO]
JAIDEV YESHWANT NAIK VS. PRABHAVATI PUNDALIK USKAIKAR [LAWS(BOM)-2005-3-194] [REFERRED TO]
K. NABI RASOOL VS. SIVA PRASAD [LAWS(APH)-2022-3-79] [REFERRED TO]
MANOJ KUMAR KANUGA VS. MARUDHAR POWER PVT LTD [LAWS(APH)-2013-4-25] [REFERRED TO]
L & T FINANCE LIMITED VS. DM SOUTH INDIA HOSPITALITY PRIVATE LIMITED [LAWS(DLH)-2021-11-2] [REFERRED TO]
ORNATE HOUSING PVT. LTD. VS. THE ABHYUDAY NAGAR SAHAKARI GRUHANIRMAN SANSTHA SANGH LTD. AND ORS. [LAWS(BOM)-2016-4-68] [REFERRED TO]
VIJAYALAKSHMI JAYARAM VS. M R PARASURAM [LAWS(APH)-1995-4-26] [REFERED TO]
MANGALAM GROUP A PARTNERSHIP FIRM VS. NANDKUMAR BHALCHANDRA BHONDVE [LAWS(BOM)-2012-11-9] [REFERRED TO]
LAKEVIEW DEVELOPERS AND ORS. VS. ETERNIA CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS. [LAWS(BOM)-2015-3-209] [REFERRED TO]
VIJAYA BANK VS. ART TEND EXPORTS AND PEERLESS PLASTICS INDUSTRIES [LAWS(CAL)-1990-2-29] [REFERRED TO]
I T E C LIMITED VS. INDIA EXHIBITION MANAGEMENT PVT LTD [LAWS(ALL)-2008-5-183] [REFERRED TO]
APAR PVT LTD VS. B S E BOARD [LAWS(PAT)-1985-1-14] [REFERRED TO]
WANDER LIMITED VS. ANTOX INDIA PRIVATE LIMITED [LAWS(SC)-1990-4-78] [RELIED ON ]
THE MALABAR WHOLESALE CO-OPERATIVE STORES LTD. VS. UNION OF INDIA [LAWS(KER)-1960-12-25] [REFERRED TO]
SANJAY ARORA VS. RAJAN CHADHA [LAWS(DLH)-2021-10-4] [REFERRED TO]
HIKMATUNISHA & OTHERS VS. SUKHAMEN & OTHERS [LAWS(CHH)-2017-1-9] [REFERRED TO]
STATE OF CHHATTISGARH VS. GURUMUKH SINGH HORA [LAWS(CHH)-2017-7-108] [REFERRED TO]
METROPOL INDIA PRIVATE LIMITED VS. PRAVEEN INDUSTRIES INDIA REGD [LAWS(DLH)-1997-8-20] [REFERRED]
RANJEET COMBINE VS. B N KHANNA [LAWS(DLH)-1999-12-93] [REFERRED TO]
SUN PHARMACEUTICAL INDUSTRIES LIMITED VS. WYETH HOLDINGS CORPORATION [LAWS(BOM)-2004-1-15] [REFERRED TO]
CITIZEN ASTER CO OP HOUSING SOC LTD VS. FREDRICK J DSOUZA [LAWS(BOM)-2004-11-34] [REFERRED TO]
ORNATE HOUSING PVT. LTD. VS. THE ABHYUDAY NAGAR SAHAKARI GRUHANIRMAN SANSTHA SANGH LTD. AND ORS. [LAWS(BOM)-2016-4-58] [REFERRED TO]
LA-FIN FINANCIAL SERVICES PVT. LTD. VS. IL & FS FINANCIAL SERVICES PVT. LTD. [LAWS(BOM)-2015-9-62] [REFERRED TO]
SHRI KRISHNA HARI VAINGANKAR VS. SHRI TUKARAM BHIVA VAINGANKAR [LAWS(BOM)-2011-6-95] [REFERRED TO]
ADAI MEHRA PRODUCTION PVT. LTD VS. SUMEET P. MEHRA [LAWS(BOM)-2013-4-12] [REFERRED TO]
WORLD SPORT GROUP INDIA PRIVATE LIMITED VS. BOARD OF CONTROL FOR CRICKET IN INDIA [LAWS(BOM)-2011-2-82] [REFERRED TO]
RAJA PICTURE PALACE RAJAHMUNDRY VS. MARINA JAGGA RAO [LAWS(APH)-1981-8-30] [REFERRED TO]
VIJAYALAKSHMI MILLS LTD VS. SHAH NAVAL MAL GULABCHAND and SONS [LAWS(APH)-1987-8-21] [REFERRED TO]
W F DUCAT AND CO PVT LTD VS. HIRALAL PANNALAL [LAWS(CAL)-1975-7-2] [REFERRED TO]
NILMONI MUKHERJEE VS. ASIM KUMAR CHATTOPADHYAY [LAWS(CAL)-2008-3-81] [REFERRED TO]
SANJAY KUMAR NEURA VS. ED FUTA, GENERAL SECRETARY, TRF OF RI [LAWS(ORI)-2011-3-83] [REFERRED TO]
THE RAJASTHAN CHAMBER OF COMMERCE & INDUSTRIES JAIPUR VS. V.N. SORAL [LAWS(RAJ)-1976-4-22] [REFERRED TO]
STATE BANK OF BIKANER AND JAIPUR VS. DEVAKI NARAIN BHATIA [LAWS(RAJ)-1976-8-18] [REFERRED TO]
Ramjilal VS. State of M.P. [LAWS(MPH)-1989-3-55] [REFERRED TO]
OMEGA S A BIENNE SWITZERLAND VS. AVANTI KOPP ELECTRICALS LTD [LAWS(MAD)-2003-7-167] [REFERRED TO]
RAMAKRISHNAN VS. NEW INDIA ASSURANCE CO LTD [LAWS(KER)-1982-2-16] [REFERRED TO]
MR. PRADEEP D. KOTHARI, CHAIRMAN, KOTHARI ORIENT FINANCE LTD. VS. IDBI BANK LIMITED [LAWS(MAD)-2017-7-63] [REFERRED TO]
P NANDAN VS. BHARAT GOLD MINES LTD [LAWS(KAR)-1992-1-1] [FOLLOWED ON]
ISWARI PRASAD TANTIA VS. BANK OF BARODA [LAWS(CAL)-2020-12-53] [REFERRED TO]
PRATIK MEDICINES-THRO PARTNER PRATIL RAVINDRA BHAGAT VS. BOARD OF MANAGEMENT [LAWS(GJH)-2003-12-64] [REFERRED TO]
SWEDISH EAST ASIA COMPANY LTD VS. B R HERMAN AND MOHATTA INDIA PRIVATE LTD [LAWS(CAL)-1962-1-8] [REFERRED TO]
UNION OF INDIA VS. NARESH CHAND GOYAL [LAWS(CAL)-1978-2-18] [REFERRED TO]
NEW CENTRAL JUTE MILLS CO LTD VS. ASSISTANT COLLECTOR OF CUSTOMS [LAWS(CAL)-1969-3-17] [REFERRED TO]
AUGMONT GOLD PVT. LTD. VS. ONE97 COMMUNICATION LIMITED [LAWS(DLH)-2021-9-28] [REFERRED TO]
WIN PLAST LTD. VS. SYMPHONY LTD. [LAWS(GJH)-2015-7-66] [REFERRED TO]
STATE OF A P & ORS VS. DATLA KRISHNA VARMA & ORS [LAWS(APH)-2018-4-1] [REFERRED TO]
SSG PHARMA PVT LTD VS. AMAR NATH [LAWS(DLH)-2007-5-41] [REFERRED TO]
GRAND VIEW ESTATES PRIVATE LIMITED AND ORS. VS. VISHWANATH NAMDEO PATIL AND ORS. [LAWS(BOM)-2015-12-127] [REFERRED TO]
ICICI BANK LIMITED VS. UNITED BREWERIES HOLDING LIMITED [LAWS(BOM)-2015-12-170] [REFERRED TO]
R KHEMKA VS. DECCAN ENTERPRISES PRIVATE LIMITED SECUNDERABAD [LAWS(APH)-1998-12-79] [REFERRED TO]
A C RAMANATHAM NAIDU VS. B SUBBARAMI REDDY [LAWS(APH)-1993-11-30] [REFERRED TO]
BIRLA CORPORATION LTD VS. RAMESHWARA JUTE MILLS CO LTD [LAWS(CAL)-2009-8-12] [REFERRED TO]
BENEDITO MANUEL GONSALVES VS. PEDRO CONCEISSAO MARIO GONSALVES [LAWS(BOM)-2020-7-48] [REFERRED TO]
VAISYARAJU SUBRAMANYAM RAJU VS. VAISYARAJU [LAWS(ORI)-1986-6-7] [REFERRED TO]
D C M LTD VS. RAJASTHAN STATE ELECTRICITY BOARD [LAWS(RAJ)-1991-5-7] [REFERRED TO]
MANGALAM CEMENT LTD. VS. THE GOODS SUPERVISER, WESTERN RAILWAY, KOTA AND OTHERS [LAWS(RAJ)-1992-8-75] [REFERRED TO]
STEEL AUTHORITY OF INDIA LTD VS. NARAIN RICE and OIL MILLS BILASPUR [LAWS(MPH)-1986-4-4] [REFERRED TO]
BEST ON HEALTH LTD AND OTHERS VS. BESTECH INDIA PVT LTD [LAWS(P&H)-2014-6-98] [REFERRED]
F. HOFFMANN-LA ROCHE LTD VS. INTAS BIOPHARMACEUTICALS LIMITED [LAWS(MAD)-2013-4-100] [REFERRED TO]
C SEETHAHAMA REDDY VS. H T SHANKARA REDDY [LAWS(KAR)-1974-1-3] [REFERRED TO]
BENGAL JUTE MILL CO. LTD. VS. LALCHAND DUGAR [LAWS(CAL)-1963-2-29] [REFERRED TO]
ZENITH INVESTMENTS PVT. LTD. VS. PANNA DEBI [LAWS(CAL)-1972-7-43] [REFERRED TO]
LANDT NIRO LIMITED VS. MYSORE PAPER MILLS LTD [LAWS(GJH)-2005-3-18] [REFERRED TO]
R KUPPURAJ VS. BHARATH GOLD MINES LTD [LAWS(KAR)-1992-1-33] [FOLLOWED ON]
RANGOON CHEMICAL WORKS PVT LTD VS. ROYAL MEDICALS [LAWS(KAR)-1997-4-29] [REFERRED TO]
CONTAINER CORPORATION OF INDIA VS. TRIYOGI NARAYAN SINGH [LAWS(CAL)-2016-4-31] [REFERRED TO]
MEDIA TRANSASIA LIMITED VS. INDIAN AIRLINES LIMITED [LAWS(DLH)-2002-12-29] [REFERRED TO]
SMITHKLINE BEECHAM CONSUMER HEALTHCARE GMABH VS. G D RATHORE [LAWS(DLH)-2005-10-80] [REFERRED TO]
GLOBAL STEEL PHILIPPINES VS. STATE TRADING CORPORATION OF INDIA LTD [LAWS(DLH)-2009-5-113] [REFERRED TO]
A RAMASWAMY DIED VS. K RAMA MURTHY DIED [LAWS(APH)-1998-12-1] [REFERRED TO]
NARENDRA HIRAWAT & CO. VS. SHOLAY MEDIA ENTERTAINMENT PVT. LTD. [LAWS(SC)-2022-3-147] [REFERRED TO]
S. NATARAJAN VS. S.V. GLOBAL MILLS LTD. AND ORS. [LAWS(MAD)-2015-4-402] [REFERRED TO]
ARDESHAR SORABJI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1966-11-6] [REFERRED TO]
PROTCHEM INDUSTRIES INDIA LTD VS. UNION BROS INDUSTRIES INC [LAWS(MAD)-1991-5-3] [REFERRED TO]
CHANDUBHAI SEDHABHAI CHENVA VS. STATE OF GUJARAT [LAWS(GJH)-2022-4-328] [REFERRED TO]
ASIATIC SHIPPING CO PRIVATE LTD VS. P N DJAKARTA LLOYD [LAWS(CAL)-1968-11-16] [REFERRED TO]
NEW CENTRAL JUTE MILLS CO LTD VS. ASSISTANT COLLECTOR OF CUSTOMS [LAWS(CAL)-1969-6-12] [REFERRED TO]
JATIA COTTON MILLS LTD VS. RAM PROSAD BAJORIA [LAWS(CAL)-1974-7-30] [REFERRED TO]
BHAGWANJI VISHAVJI THAKKAR VS. PRAVINCHANDRA JIVANBHAI PATADIA [LAWS(GJH)-1995-3-10] [REFERRED TO]
BHAVNESH MOHANLAL AMIN VS. NIRMA CHEMICAL WORKS LTD [LAWS(GJH)-2005-2-40] [REFERRED TO]
CHANDRA PRABHA MAHAJAN VS. PRAVEEN SHARMA [LAWS(DLH)-2022-5-281] [REFERRED TO]
SUN PHARMACEUTICAL LABORATORIES LTD. VS. HETERO HEALTHCARE LTD. [LAWS(DLH)-2022-8-134] [REFERRED TO]
PREM KUMAR VS. HARBANS SINGH [LAWS(DLH)-1981-4-17] [REFERRED]
JAMUNA DASS RAMESHWAR DASS VS. ALLAHABAD BANK [LAWS(ALL)-1985-4-15] [REFERRED TO]
BHATIA INDUSTRIES & INFRASTRUCTURE LIMITED VS. ASIAN NATURAL RESOURCES (INDIA) LIMITED [LAWS(BOM)-2016-9-128] [REFERRED]
KUNDA MADHUKAR SHETYE AND ORS. VS. SHAILA SUBRAO SHETYE AND ORS. [LAWS(BOM)-2015-3-142] [REFERRED TO]
RAMDAS MOTOR TRANSPORT LTD VS. KAREDLA SURYANARAYANA [LAWS(APH)-2001-10-17] [REFERRED TO]
ZENITH COMPUTERS LTD. VS. COMMISSIONER OF CENTRAL EXCISE [LAWS(BOM)-2014-4-151] [REFERRED TO]
PATEL ENGINEERING LTD. VS. ACRON DEVELOPERS PVT. LTD. [LAWS(BOM)-2015-10-117] [REFERRED TO]
B NARASIMHA REDDY VS. NAMA DAMODHAR REDDY [LAWS(APH)-2014-2-97] [REFERRED TO]
SURENDRANATH PAUL VS. UNION OF INDIA [LAWS(CAL)-1964-4-4] [REFERRED TO]
Usharani Devi VS. Hindustan Development Corporation Ltd [LAWS(CAL)-2000-9-17] [REFERRED TO]
CALCUTTA CHEMICAL COMPANY LIMITED VS. DHIRESH CHANDRA ROY [LAWS(CAL)-1983-11-11] [REFERRED TO]
W B C A DEVELOPMENT CORPN VS. SASANKA SEKHAR [LAWS(CAL)-1985-2-16] [REFERRED TO]
SAUDI INDIA NAVIGATION LINE VS. ASTEROID MARITIME LIMITED & ORS [LAWS(CAL)-1985-2-43] [REFERRED TO]
RAJENDRA PRASAD AGRAWAL VS. SAMARPAN VARISHTHA JAN PARISAR [LAWS(ALL)-2021-10-53] [REFERRED TO]


JUDGEMENT

GAJENDRAGADKAR - (1.), J. : The respondent Pothan Joseph who was working as the Editor of the Deccan Herald owned and published by the appellant. The Printers (Mysore) Private Ltd., in Bangalore has filed a suit against the appellant on two contracts excluded between the parties on 1/04/1948 and 20/02/1953, respectively, and has claimed accounts of the working of the Deccan Herald newspaper from April 1, 194 8/03/1958, as well as payment of the amount that may be found due to him from the appellant under the provisions of Cls. 2 (d) and 1(d) of the said contracts. The services of the respondent were terminated by the appellant by its letter dated 28/09/1957, in which the respondent was told that the termination would take effect from 31/03/1958. However, by a subsequent letter written by the appellant to the respondent on 17/03/1958, the respondent was told that his services had been terminated with immediate effect and he was asked to hand over charge to his successor Mr. T. S. Ramachandra Rao. Thereafter on 14/07/1958, the respondent filed the present suit against the appellant.
(2.)THE appellant contended that the two contracts on which the respondents claim was based were subject to an arbitration agreement, and so it was not open to the respondent to file the present suit against the appellant. THE appellant, therefore, requested the Court under S. 34 of the Indian Arbitration Act, 1940 (hereinafter called the Act) to stay the proceedings initiated by the respondent and refer the dispute to arbitration in accordance with the arbitration agreement between the parties.
The learned trial Judge who heard the appellant's application, however, exercised his discretion against it and refused to stay the proceedings in the respondent's suit. Thereupon the appellant preferred an appeal in the Mysore High Court but his appeal failed and the High Court confirmed the order passed by the trial Court though for different reasons. The High Court, however, thought that the learned trial judge, in dealing with the appellant's application "had gone much further than he should have done, and hence it was desirable that the case should be tried by some other Judge". The respondent did not object, and so the High Court directed that the suit may be transferred to the file of the Additional Civil Judge, Bangalore. The appellant then applied to the High Court for a certificate. His application was, however, rejected on the ground that the decision under appeal could not be considered as a judgment, decree or final order under Art. 133(1) of the Constitution; on that view it was though unnecessary to decide whether on the merits the case was fit to be taken in appeal to this Court. Then the appellant applied for and obtained special leave from this Court. That is how this appeal has come before us; and the substantial point which arises for our decision is whether the Courts below were in error in refusing to stay the suit filed by the respondent against the appellant in view of the arbitration agreement between them.

(3.)BEFORE we deal with the merits of the contentions raised by the parties in this appeal it is necessary to set out briefly the relevant facts leading to the present litigation. The appellant is a printing company and it owns and publishes the Deccan Herald in English and Prajavani in Kannada at Bangalore. By a contract dated 1/04/1948, the appellant engaged the respondent as Editor of the Deccan Herald for a period of five years on terms and conditions specified in the said contract. As provided by Cl. (5) of the said contract the period of the respondents employment was extended by another five years by a subsequent contract entered into between the parties on 20/02/1953. As we have already mentioned the services of the respondent came to be terminated abruptly on 17/03/1958. It appears that by his letter dated 16/10/1957, the respondent made certain claims against the appellant under the provisions of the Working Journalists Act. Besides, he demanded 1/10th of the profits made by the Deccan Herald from 1948 up to the date of the termination of his service under the two respective contracts. This claim was denied by the appellant. Correspondence then ensued between the parties but since no common ground was discovered between then the respondent filed the present suit. His case is that the two contracts entitled him to claim 1/10th of the profits made by the Deccan Herald during the period of his employment, and so he claims an account of the said profits and his due share in them.
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