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PETITIONER: UNION OF INDIA
Vs.
RESPONDENT: CHAMAN LAL LOONA
DATE OF JUDGMENT: 30/04/1957
BENCH: DAS, S.K. BENCH: DAS, S.K. DAS, SUDHI RANJAN (CJ) IMAM, SYED JAFFER MENON, P. GOVINDA SARKAR, A.K.
CITATION: 1957 AIR 652 1957 SCR 1039
ACT: Partition of India-Distribution of rights and liabilities- Contract by Governor-General in Council, if and when for the Purposes of Pakistan -Test-Such Purpose, if can be modified by Powers of control vested in Joint Defence Council- Adjudication of rights and liabilities under such contract- Indian Independence (Rights, Property and Liabilities) Order, 1947, Arts. 8(1), 3(2)--joint Defence Council Order, 1947, Art. 8(c).
HEADNOTE: The correct test to determine whether a contract made before the partition of India on behalf of the Governor-General in Council comes within the purview of cl. (a) of Art. 8(1) of the Indian Independence (Rights, Property and Liabilities) Order, 1040 1947, so as to be deemed to have been made on behalf of the Dominion of Pakistan, is-either (1) if the contract was made on August 15, 1947, it would have been a contract for the purposes of the Dominion of Pakistan ; or (2) if Pakistan had existed on the day the contract was made, it would be a contract for the purposes of Pakistan. Union of India v. Chinu Bhai jeshing bhai, I.L.R. 1953 Bom. 117, approved. The purpose of a contract is not to be confuse...