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    <title>1967 (1) TMI 86 - CALCUTTA HIGH COURT</title>
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    <description>A fair price shop arrangement was construed as a sale and purchase transaction, not an agency, because the retailer paid the wholesale price, took delivery of specified wheat, and resold it under controlled conditions without any duty to account for sale proceeds to Government. The price-control, inspection, and termination clauses were treated as collateral restraints on resale and not as evidence that Government retained ownership. The Court also found no term requiring the wheat to remain at the shop premises, so mere removal of the bags did not prove entrustment-based criminal breach of trust under Section 409 IPC. The conviction was therefore unsustainable.</description>
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    <pubDate>Thu, 19 Jan 1967 00:00:00 +0530</pubDate>
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      <title>1967 (1) TMI 86 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=196325</link>
      <description>A fair price shop arrangement was construed as a sale and purchase transaction, not an agency, because the retailer paid the wholesale price, took delivery of specified wheat, and resold it under controlled conditions without any duty to account for sale proceeds to Government. The price-control, inspection, and termination clauses were treated as collateral restraints on resale and not as evidence that Government retained ownership. The Court also found no term requiring the wheat to remain at the shop premises, so mere removal of the bags did not prove entrustment-based criminal breach of trust under Section 409 IPC. The conviction was therefore unsustainable.</description>
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      <pubDate>Thu, 19 Jan 1967 00:00:00 +0530</pubDate>
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