Citation: 1954 AIR 44 Facts Satyabrata (plaintiff), assignee of Bejoy Krishna Roy, sued defendant alongwith Bejoy as party defendant, for wrongfully repudiating the contract of developing the lands which were sold to the plaintiff, and asked for specific performance of the same. Defendant took the defence of frustration as the lands which needed to be developed…
Citation: AIR 1951 SC 144 Facts Plaintiffs, as agents of the defendants had stored the goods in Government godowns, requiring permit to supply them to the defendants. In the meanwhile, due to the fire in godown, the goods got burned up and plaintiffs got compensation of 50% of damage caused in respect of the goods as…
Citation: [1854] EWHC ExCh J70 Facts Plaintiff sent a broken iron shaft to the defendants, who were the common carriers, to be conveyed by them to the third party who was to make a new shaft on similar lines. The fact that the mill work was stopped and could not be continued until the shaft is…
Citation: AIR 2000 SC 2003 Facts GDA, though informed the plaintiffs about the allotment of plots to them, yet even after more than considerable time had elapsed, never conveyed the property to them. Latter approached MRTP Commission which granted them not only amount paid by them to the defendants for the possession of the plot alongwith…
Citation: 72 Ind Cas 270 Facts Plaintiff obtained a license to catch elephants from the Deputy Commissioner for two years; however, the sanction of the government was not obtained by the plaintiff till 15 days had elapsed, secondly, officers wrongfully denied to accept the prescribed royalty and transit passes were not issued to him, such…
Kuju Collieries Ltd. vs. Jharkhand Mines Ltd. and Ors. AIR 1974 SC 1892 Key Words: illegal purpose, agreement forbidden by law, subsequent discovery, mistake FACTS Plaintiff entered into a contract for lease of coal mines from the defendant in lieu of consideration money (which was paid there and then); however, the deed was hit with…
Union of India Vs. Kishorilal Gupta and Bros. AIR 1959 SC 1362 Key Words: novation, substitution, consensus ad idem FACTS Plaintiff entered into three settlement contracts with the government after the breach of the original contracts containing the arbitration clause, such that first of them provided “the contract on payment of amount mentioned shall stand…
Manohar Singh and Sons Vs. Raksha Karamchari Coop. Gr. H. Soc. and Anr. MANU/DE/3478/2009 FACTS Respondent-cooperative society (“R“) floated a tender for construction of flats, and the work was awarded to petitioner-contractor (“P“) through an agreement . The Architect certified P’s final bill for an amount of Rs. 9,47,043 along with a sum of Rs….
National Insurance Co. Ltd. vs. Sujir Ganesh Nayak and Co. and Another AIR 1997 SC 2049 Key Words: limitation, absolute restriction FACTS In this case, the plaintiff sought to struck down the covenant in the Insurance policy agreement stating “In no case whatsoever shall the company be liable for any loss or damage after the…
CITATION: AIR 1967 SC 878 Key Words: undue influence, dominant position, unfair advantage FACTS Plaintiff claimed that the will deed of his father conveying the entire property to defendant, plaintiff’s nephew, was brought about by exercising undue influence over the donor. To the contrary, the deed details that the gift of the property was made…
Samuel Pillai vs Ananthanatha Pillai (1883) ILR 6 Mad 351 Key Words: sufficient consideration, debt barred by limitation, nudum pactum FACTS Administratrix of the deceased whose property was inherited by the defendant entered into an agreement with the latter to convey the title in the property without deducting the debt, which was barred by the limitation,…
Union of India (UOI) and Ors. vs. Bhim Sen Walaiti Ram AIR 1971 SC 2295 Key Words: provisional Acceptance, offer, absolute acceptance FACTS In an auction held for the sale of license of liquor shop, defendant offered the highest bid which was provisionally accepted “…subject to the confirmation of Chief Commissioner who may reject any…