https://www.taxtmi.com/caselaws?id=273005 A share-transaction dispute examined whether the plaintiff dealt as principal or broker, and the Court treated surrounding correspondence, account books, the defendant's cheque, and the confirmation memorandum as decisive evidence that the plaintiff acted on its own account. It also accepted that delivery time had been extended to 20 December 1944 and that the plaintiff remained ready and willing to perform. The firm's registration and the plaint's verification were held sufficient for maintainability, while allegations of joint family or joint business were not proved. On damages, the measure applied was the difference between contract and market price on the first lawful purchase date after breach, with brokerage and interest disallowed. en-us Fri, 11 Dec 1953 00:00:00 +0530 Wed, 30 May 2018 15:13:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=273005 A share-transaction dispute examined whether the plaintiff dealt as principal or broker, and the Court treated surrounding correspondence, account books, the defendant's cheque, and the confirmation memorandum as decisive evidence that the plaintiff acted on its own account. It also accepted that delivery time had been extended to 20 December 1944 and that the plaintiff remained ready and willing to perform. The firm's registration and the plaint's verification were held sufficient for maintainability, while allegations of joint family or joint business were not proved. On damages, the measure applied was the difference between contract and market price on the first lawful purchase date after breach, with brokerage and interest disallowed. Case-Laws Indian Laws Fri, 11 Dec 1953 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=273005