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PETITIONER: DUNI CHAND RATARIA
Vs.
RESPONDENT: BHUWALKA BROTHERS LTD.
DATE OF JUDGMENT: 03/12/1954
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. MAHAJAN, MEHAR CHAND (CJ) JAGANNADHADAS, B. AIYYAR, T.L. VENKATARAMA
CITATION: 1955 AIR 182 1955 SCR (1)1071
ACT: West Bengal Jute Goods Future Ordinance, 1949, s. 2(1) (b) (i) -Actual delivery of Possession-Whether includes symbolical as well as constructive delivery of possession- Indian Sale of Goods Act, 1930 (III of 1930), s. 2(2)- Delivery-Meaning of.
HEADNOTE: Delivery has been defined in s. 2 (2) of Indian Sale of Goods Act, 1930, as meaning voluntary transfer of Possession from one per- 1072 son to another and it includes not only actual delivery but also symbolical or constructive delivery within the meaning of the term. The expression "actual delivery of possession" in s. 2(1)(b)(i) of the West Bengal Jute Goods Future Ordinance, 1949 means actual delivery as contrasted with mere dealings in differences within the intendment of the Ordinance and such actual delivery of possession included within its scope symbolical as well as constructive delivery of possession. The word "involving" in the expression "involving the actual delivery of possession thereof" in s. 2(1)(b)(i) of the Ordinance means in the context resulting in and this condition would be satisfied if the chain ...