Chander Bhan Gosain vs State Of Orissa & Ors on 5 April, 1963
In our opinion the decision of the Supreme Court
in Chandra Bhan Gosai's case (supra) is clearly
distinguishable on facts. The contract in that case
though prima facie word cd as regards the relevant
clauses in similar fashion as the contract in the
instant case is in fact cast in a different mould and
it would be difficult to hold in the light of the
special features and characteristics of the contract
with which we are concerned that the decision of the
Supreme Court in that case would completely govern the
facts of this case. "