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… Read More Satyabrata Ghose vs. Mugneeram Bangur & Co.
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… Read More Pannalal Jankidas Vs. Mohanlal and Anr.
Citation:  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… Read More HADLEY & ORS. vs. BAXENDALE & ORS.
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… Read More Ghaziabad Development Authority Vs.Union of India & Anr.
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… Read More F.T. Kingsley vs. The Secretary Of State For India
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… Read More Kuju Collieries Ltd. Vs. Jharkhand Mines Ltd. and Ors.
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… Read More Union of India Vs. Kishorilal Gupta and Bros.
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.… Read More Manohar Singh and Sons Vs. Raksha Karamchari Coop. Gr. H. Soc. and Anr.
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… Read More National Insurance Co. Ltd. vs. Sujir Ganesh Nayak and Co. and Another
Sales Tax Officer, Banaras and Ors. vs. Kanhaiya Lal Mukundlal Saraf AIR 1959 SC 135 Key Words: mistake, mistake of law, mistake of fact, equitable consideration FACTS Plaintiff claimed refund under section 72 of the sales tax levied by the defendant for the forward transactions entered into by the former, after the impugned collection of tax… Read More Sales Tax Officer, Banaras and Ors. vs. Kanhaiya Lal Mukundlal Saraf
Imperial Loan Co. Ltd. v. Stone  1 Q.B. 599 (competence of parties, mental capacity) FACTS: Defendant when lunatic signed a promissory note as surety upon which plaintiff brought an action and defendant took the defence of insanity ISSUE: Whether defendant can successfully claim insanity as a defence? HELD: To successfully take the defence of insanity as… Read More Imperial Loan Co. Ltd. v. Stone
Samuel Pillai v. Anathan Pillai [Section 25(3) of Indian Contract Act, Consideration] 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, for the promissory note paid by the… Read More Samuel Pillai v. Anathan Pillai