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 […]
Tag: indian contracts act
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 […]
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 […]
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 […]
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 […]