AIR 1987 PATNA 22 ::(1987) 2 CurCC 693 ::1987 BLJR 1 ::1986 BBCJ 777 ::(1986) Pat LJR 1045 ::(1987) EFR 7

Patna High Court

Hon'ble Judge(s): S. S. Sandhawalia , C.J. AND Sushil Kumar Jha, R. N. Prasad , JJ

Essential Commodities Act (10 of 1955) , S.3, S.3(2)(f)— Sugarcane (Control) Order (1966) , Cl.4, Cl.5— Levy Sugar Supply (Control) Order (1979) , Cl.2— Compulsory sale of sugar under Act - It mandates concurrent tender of price against delivery of sugar and not merely deferred payment therefore Provisions of State of Goods Act are apple to such statutory sale - Payment procedure adopted by buyer the Food Corporation of India, running contrary to letter and spirit of law, quashed. C. W. 1. C. No. Z252 of 1985, D/-2-7-1985 (Pat) Overruled. Sale of Goods Act (3 of 1930) , S.31, S.32— @page-Pat23 A compulsory statutory sale of sugar by the producer under the Act mandates the concurrent tender of price against the delivery of sugar and not merely a deferred payment therefore, unless it is otherwise agreed between the parties.(Para 19 24 21) The Essential Commodities Act, though having a definition clause, does not even remotely attempt or seek to define the concepts of sale or purchase. No special or different meaning is given thereto with regard to statutory sales. Therefore the general, law of sale and purchase of goods would mutatis mutandis be equally applicable and attracted to statutory sale as well. Consequentially there can be no manner of doubt that the l....