Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Contract Act 1872 : S. 70 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Contract Act, 1872 : S. 70-Advertisement for circus-Charges not paid-Suit laid for recovery against circus owner and its financier-&- Ex-parte decree against circus owner-Decree against financier-Privity of contract and Benefit pursuant to the advertisement-Absence of-Hence S.70 not attracted.The appellant-plaintiff had advertised for the Circus run by the second-defendant; it filed a suit for recovery of advertisement charges of Rs. 27,000 and odd against the respondent and the second-defendent. Ex-parte decree was passed against the second defendant and it had become final. The trial Court decreed the suit against the respondent-first defendant on finding that there was privity of contract between the appellant and respondent.On appeal, the High Court found that there was no privity of contract; since he was only a financier, he did not derive any benefit under the contract.In this appeal it was contended that in view of clause (4) of the agreement between the respondent and the first defendant, wherein the respondent undertook to pay the advertisement charges, he was bound to pay the same to the appellant, that since the proposal sent for advertisement by the appellant was admittedly approved by the respondent, there emerged a concluded oral contract bet.en the appellant and the respondent; and that since the respondent agreed to receive the-benefit of 30% of the profit from Income derived by running of the circus, the respondent derived benefit pursuant to the advertisement, he ls bound to reimburse the appellant by operation of S.70 of the Contract Act. |
Judge | N/A |
Neutral Citation | 1995 INSC 128 |
Petitioner | Aries Advertising Bureau |
Respondent | C.t. Devaraj (dead) By Lrs. |
SCR | [1995] 2 S.C.R. 251 |
Judgement Date | 1995-02-22 |
Case Number | 907 |
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