Supreme Court · 1964 INSC 54 · Decided 4 March 1964

Hirendra Nath Gorai and Subal Chandra Shaw and Others v. Sudhir Chandra Ghosh and Others

Court
Supreme Court of India
Citation
1964 INSC 54 · [1964] 6 S.C.R. 1001
Case number
CIVIL APPEAL No. 85/1961
Decided
4 March 1964
Bench
K. SUBBA RAO, K.C. DAS GUPTA, RAGHUBAR DAYAL (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

SUPREME COURT REPORTS 1001 Nothing has been placed before us to establish that the 1961 Superintending Engineer was legally authorized to enter into Karamshi l•tha- such a contract on behalf of the Government; nor do the bhai d ~ ocuments ex facie show that the agreement was expressed context of the rates that might be fixed thereafter, but the said documents did not purport to emanate from the Governor. At best they were issued under the directions of the Ministe_r. We find it difficult to stretch the point further, as such a construction will make the provisions of s. 175(3)

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