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 plea of frustration as he himself was a lessee of the land and could not have sold - the court … Continue reading Cancellation of Transaction on account of Frustration !

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 IndiaShree Hanuman Cotton Mills & Ors vs Tata Air-Craft Ltd on 28 October, 1969Equivalent citations: 1970 AIR 1986, 1970 SCR (3) 127Bench: Vaidyialingam, C.A.PETITIONER:SHREE HANUMAN COTTON MILLS & ORS.Vs.RESPONDENT:TATA AIR-CRAFT LTD.DATE OF JUDGMENT:28/10/1969BENCH:VAIDYIALINGAM, C.A.BENCH:VAIDYIALINGAM, C.A.SHELAT, J.M.DUA, I.D.CITATION:1970 AIR 1986 1970 SCR (3) 1271969 SCC (3) 522ACT:Contract--Money deposited as earnest money--Breach committed by … Continue reading 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.

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 was procured. The defence of S.79 of the bank was negatived for the simple reason that bank could not be … Continue reading Liability of Pledgee for Criminal Breach of Trust

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 Bench: D Raju, A Pasayat JUDGMENT Arijit Pasayat, J. 1. Leave granted. 2. By the impugned judgment, learned Single Judge … Continue reading Burden of Proving good faith of transactions hit by undue influence

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 not meant to be acted upon and only meant as a security for repayment of debt. Court held mischief of … Continue reading Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

Injunction against Partners from competing

Comment : This pronouncement concerns a case where a partnership firm sought to injuct it's ertwhile(retired) partners from carrying on competing business in contravention of Retirement Deed. The Court did not grant the relief for the reason that the plaintiff/applicants could not bring a prima facie - insofar as there was no apprehension objectively determinable that … Continue reading Injunction against Partners from competing