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 !

On Re-investigation 173(8) CrPC

Comment : A landmark decision on powers of further investigation and how in the fitness of things - the police should inform the magistrate and seek permission to maintain harmony between judiciary and executive if new facts - warrant a re-investigation or a further investigation u/s 173(8) Supreme Court of IndiaRam Lal Narang Etc. Etc vs … Continue reading On Re-investigation 173(8) CrPC

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.

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