Supreme Court · 1968 INSC 164 · Decided 26 July 1968
P. C. K. Muthiah Chettiar & ORS. v. V. E. S. Shanmugham Chettiar & ANR.
- Court
- Supreme Court of India
- Citation
- 1968 INSC 164 · [1969] 1 S.C.R. 444
- Case number
- CIVIL APPEAL No. 705/1965
- Decided
- 26 July 1968
- Bench
- R.S. BACHAWAT, K.S. HEGDE (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 19; Limitation Act Section 95
Headnote
Contract--agreenient to sell shares-non.disclosure of receipt of subs1an1ia/ dividends 1vlzich purchaser ll'<.'S under fiducilzry duty to disclose­ if vitiated by fraud. Lirnitation Act, 1908-s. 13-e:cc/usion of tirne durit11: 1vhicl1 defen­ datzt ahroad--causc of actiun arisinK abroad o\\.·ncr of five original shares in a Ruhbcr Estate in Malacca. After his death in !Rcember, 1912 hi• son the fir..t responclcnt entered into a compromise agreement in July, 1915 \i.tith the appellant. \\'ho \\'3.S in partnership with C during his lifetime, \\'hereby it was agreed
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