1977 (1) TMI 153

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....r a breach of contract for manufacture of guns to be supplied to the Nizam's Hyderabad Government, a story before the Police Action, way back in 1947. 2. The facts of the case are that the then Hyderabad Government had placed orders with the plaintiffs-appellants for manufacture of certain number of guns, the price per gun being put at Rs. 125/-. Although some of the guns were manufactured ....

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.... of profit at a sum of Rs. 1,87,500/- which worked out to 15 per cent of the total amount invested in the gun-making In short based on this argument of Government Counsel, the trial Court awarded the aforesaid sum of Rs. 1,87,500/-. Of course, it must be said at this stage that P.W. 1, the first plaintiff, had deposed to the effect that Rs. 25/- per gun was the agreed profit and there was no cross....

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.... to the High Court. 4. However, the High Court, after setting out the facts bearing on the quantification of the damages, stated, without any convincing reasoning: We think that it will be just and reasonable to put this profit at 10 per cent of the contract price which works out to Rs. 1,25.000/-. We are not able to discern any tangible material on the strength of which the High Court re....