Supreme Court · 1958 INSC 33 · Decided 31 March 1958

Gordhandas Purshottamdas Sonawala and Another v. The Eastern Cotton Company

Court
Supreme Court of India
Citation
1958 INSC 33 · [1959] 1 S.C.R. 346
Case number
CIVIL APPEAL No. 398/1956
Decided
31 March 1958
Bench
NATWARLAL HARILAL BHAGWATI, J.L. KAPUR, P.B. GAJENDRAGADKAR (3-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

D. R. Banafi and Others Sinha ]. 346 SUPREM.E COURT REPORTS [1959] of infringing the souml principle discussed above. But the absence of the leave of the Court and of the necessary notice to the Receiver, makes all the difference between a valid and an illegal sale. The High Conrt has also relied pronounCJ) upon the difficult question of how far a principle of natural justice can override the ~pecific provisions of a. statute . .E'or the reasons given above, we agree with the High Court in its conclusion that the auction-sale impugned in this · case, was illegal, and that the suit

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