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Kuber Nath and ors. Vs. Mahali Ram and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in16Ind.Cas.631
AppellantKuber Nath and ors.
RespondentMahali Ram and ors.
Excerpt:
contract act (ix of 1872), sections 23, 27 - restraint of trade--public policy--agreement fining rates, and providing for share of profits. - 1. the managers of the five ginning firms came to an agreement, whereby they fixed the rates to be charged for ginning and baling cotton, thus forming a combination, and agreed that for a certain definite period, the profits of ginning would be 7 annas 6 pies and of baling one anna 6 pies per maund. they further agreed that the profits were to be divided, and that those for baling were to be divided equally, while those for ginning were to be divided in proportion to the ginning capacity of the various factories a dispute as to the ginning capacity
Judgment:

1. The managers of the five ginning firms came to an agreement, whereby they fixed the rates to be charged for ginning and baling cotton, thus forming a combination, and agreed that for a certain definite period, the profits of ginning would be 7 annas 6 pies and of baling one anna 6 pies per maund. They further agreed that the profits were to be divided, and that those for baling were to be divided equally, while those for ginning were to be divided in proportion to the ginning capacity of the various factories A dispute as to the ginning capacity


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