Supreme Court · 1975 INSC 310 · Decided 9 December 1975

Union of India v. M/S Chaturbhai M. Patel & CO. and Vice Versa

Court
Supreme Court of India
Citation
1975 INSC 310 · [1976] 2 S.C.R. 902
Case number
CIVIL APPEAL No. 972/1968
Decided
9 December 1975
Bench
KUTTYIL KURIEN MATHEW, S. MURTAZA FAZAL ALI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

Headnote

Fraud-must be estabiis/u'd beyond reasonable doubt-Mere suspicion­ lf proof of fraud, '111e resondent filed a suit against the, Union of India alleging that due to negligence of the railways a consignment of tobacco despatched by him to Gaya was substituted in transit and that in its place railways on the other hand alleged fraud and collusion between the respondent and his father, also a bidi tobacco merchant in Gujarat, because by deliberate manipulation, ·the respondent consigned inferior goods to Gaya and superior goods to Gujarat. The trial court dismissed the

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