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…
V.L. Narasu v. P.S.V. Iyer AIR 1953 Mad 300 (Section 56, Frustration, Section 39, breach) FACTS: Defendant contracted with plaintiff to screen latter’s film in his cinema house until the net collection fall below some stipulated amount. Later there were unprecedented heavy rains which made a wall of cinema house to collapse owing to some…
Alopi Parshad & Sons Ltd v. Union of India AIR 1960 SC 588 (Section 56, Frustration, quantum meriut, Section 62) FACTS: Plaintiffs were appointed by UoI to provide for the army personnel ghee in return for consideration as stipulated under contract. World War II then started and after three years, government in light of increased demand for ghee…
Dominion of India v. Raj Bahadur Seth Bhikhraj Jaipuria AIR 1957 Pat 586 (Time, Frustration, Section 299 (1) and 175 (3)) FACTS: Three contracts were entered into by the plaintiff (P) with the Railway (R) for supply of food-grains. Deliveries were to be made at any station of ER[1] in Bihar.[2] These three identical contracts…