Supreme Court · 2008 INSC 1302 · Decided 14 November 2008
Prem Nath Motors LTD. v. Anurag Mittal
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1302 · [2008] 16 S.C.R. 45
- Case number
- CIVIL APPEAL No. 6656/2008
- Decided
- 14 November 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 230
Headnote
Contract Act, 1872 - s. 230 - Booking of car pursuant to advertisement by Car manufacturing company - On non- c allotment of car, refund of booking amount sought - On failure thereof, claim before MRTP Commission - Dealer of the company making application that it was not liable to refund being - Dismissal ·of application - On appeal held: Agent is not liable for the acts D of a disclosed principal subject to contract to the contrary - On facts,. no contract to the contrary pleaded - Hence, dealer company not liable to refund the booking amount - Monopolies and Restrictive Trade
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