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PETITIONER: THE SEKSARIA COTTON MILLS LTD.
Vs.
RESPONDENT: THE STATE OF BOMBAY.
DATE OF JUDGMENT: 30/03/1953
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN MAHAJAN, MEHR CHAND JAGANNADHADAS, B.
CITATION: 1953 AIR 278 1953 SCR 825
ACT: Essential Supplies Act (XXIV of 1946), ss. 7, 9--Notification requiring manufacturers to submit true and accurate information--"Delivery",meaning of-Possession of del credere agent-Whether possession of seller-Delivery to such agent, effect of--Penal statutes -Liberal construction.
HEADNOTE: A Government Notification issued under the Essential Sup- plies Act, 1946, required every manufacturer to submit "true and accurate information relating to his undertakings" and a note of the printed form stated that "by ’delivered’ or ’delivery’ is mean physical delivery of cloth in bales and pieces but not cloth which though paid for, is still in the physical possession of the seller. The appellant Mills were manufacturers of cloth and D.K. & Co. were their sole del credere, selling agents who guaranteed payment to the appellant of the price of all sales made and, on the other side, guaranteed delivery to the purchasers with whom they dealt direct. One D.M. informed the Mills as the agent of an up-country quota-holder that he bad been authorised by the latter to take delivery of 13 bales and on this account paid Rs. ...