Comment : In this case an unregistered firm sued to recover possession from a tenant (erstwhile insofar as term of tenancy had ceased) – the suit was resisted on the ground that since the basis […]
Tag: contract act
Cancellation of Transaction on account of Frustration !
Comment : In this case a person sold X (leasehold warehouse) to his friend. Later he cried misrepresentation and sought to steer clear of the transaction. Later at the stage of second appeal he took the […]
Limitation period for breach of contract.
Supreme Court of India Bhajan Singh Hardit Singh And Co., … vs Karson Agency (India) And Ors. on 31 March, 1967 Author: Tatachari Bench: K Hegde, H Khanna, T Tatachari JUDGMENT Tatachari, J. (1) This […]
Contract–Money deposited as earnest money–Breach committed by buyer-Right of seller to forfeit-Principles. Contract Act (9 of 1872), ss. 64 and 74-Scope of.
Supreme Court of India Shree Hanuman Cotton Mills & Ors vs Tata Air-Craft Ltd on 28 October, 1969 Equivalent citations: 1970 AIR 1986, 1970 SCR (3) 127 Bench: Vaidyialingam, C.A. PETITIONER: SHREE HANUMAN COTTON MILLS […]
Whether possession can be protected via theory of part performance even after time limit for specific performance has expired ? HELD YES
The preposition before Court is suppose A gets property from B under an agreement to sell, A has got possession and is ready to fulfil his obligations to fulfill the transaction, but B is not […]
Liability of Pledgee for Criminal Breach of Trust
Comment : In this case the court held a bank liable for criminal breach of trust where it misappropriated the govt. securities pledged with it by the pledgor to secure overdraft – in actuality no overdraft […]
Supreme Court on S.92 Evidence Act – Doctrine of Conclusivity of Documentary Evidence.
Supreme Court of India State Bank Of India & Anr vs Mula Sahakari Sakhar Karkhana Ltd on 6 July, 2006 Author: S Sinha Bench: S Sinha, P Balasubramanyan CASE NO.: Appeal (civil) 2801 of 2006 […]
Burden of Proving good faith of transactions hit by undue influence
Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul … vs Pratima Maity And Ors. on 9 September, 2003 Equivalent citations: AIR 2003 SC 4351, 2004 (1) JCR 30 SC Author: A Pasayat […]
Specific Performance of an Agreement vitiated by Fraud/Undue Influence.
Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sell. defendant pleaded that the same was voidable on the ground of fraud and undue influence and was […]
Specific Performance of an Agreement executed by Vendor alone
Supreme Court of India Alka Bose vs Parmatma Devi & Ors. on 17 December, 2008 Author: P Sathasivam Bench: R.V. Raveendran, P. Sathasivam SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 6197 OF […]