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Judgment Search Results Home > Cases Phrase: frustration indian contract act Page 1 of about 2,925 results (0.041 seconds)

Apr 11 2017 (SC)

Energy Watchdog Vs. Central Electricity Regulatory Commission and Ors. ...

Court : Supreme Court of India

..... march, 2015 and felt that the argument of force majeure and change in law could be gone into by it. it ultimately concluded, having regard to the law on frustration contained in the indian contract act, 1872 and the relevant provisions of the ppas, that force majeure was made out on the facts of these cases and reversed the commission on this score. it ..... order, force majeure and change in law cannot be gone into. it is further argued, in the alternative, that in any case, force majeure either under section 56 of the indian contract act, 1872 or under clauses 12.3 and 7 of the respective ppas make it clear that it must be an unforeseen event or circumstance that wholly or partly prevents the ..... make no difference. a large part of the argument was centered around the meaning of the expression frustration in the contract act and the correct construction of clause 12 of the ppa. a large number of authorities, both english and indian, were cited to show that the contract had become commercially impracticable, and that they would have to fold up operations, which would not be ..... into force majeure and change of law.32. force majeure is governed by the indian contract act, 1872. in so far as it is relatable to an express or implied clause in a contract, such as the ppas before us, it is governed by chapter iii dealing with the contingent contracts, and more particularly, section 32 thereof. in so far as a force majeure event .....

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Apr 05 2006 (HC)

Ramesh Agencies, Guntur Rep. by Sole Proprietorix. Smt. P. Anasuyadevi ...

Court : Andhra Pradesh

Reported in : 2006(4)ALT355; 2007(2)CTLJ127(AP)

..... to supply oil to the plaintiff as the tadepalli stock point has no outstanding stock to comply with the order. thus the doctrine of frustration under indian contract act is also a cause for non-fulfilment of the plaintiff's contract and this is within the knowledge of plaintiff and as such the suit is not in any event maintainable against the defendant and is ..... devaswom board v. thanath international (2004) 3 scc 44. while further elaborating his submissions the learned counsel also had pointed out to the language employed in section 56 of the indian contract act and would explain that in the light of the language, it cannot be said that the said doctrine is applicable to the facts on hand. the learned counsel also had ..... mines & minerals ltd. v. eastern engg. enterprises : air1999sc3627 .21. section 56 of the indian contract act, 1872, deals with agreement to do an act impossible in itself is void, which reads as hereunder:an agreement to do an act impossible in itself is void: a contract to do an act which after the contract is made, becomes impossible, or, by reason of some event which the promisor could ..... . shaik saib air 1958 a.p. 576. the 3-judge bench in alopi parshad v. union of india : [1960]2scr793 held that a contract is not frustrated merely because the circumstances in which the contract was made, are altered. the contract act does not enable a party to a contract to ignore the express covenants thereof, and to claim payment of consideration for performance of the .....

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Aug 30 2011 (HC)

C.Chandrasekaran Vs. R.Srinivasan

Court : Chennai

..... indian contract act. further the honourable apex court has held that provision of section 56 of the indian contract act, 1872 cannot apply to a case of self-induced frustration. in other words, the doctrine of frustration of contract cannot apply where the event which is alleged to have frustrated the contract arises from the act or election of a party. 31. even at ..... .t.c. poriaswami nadar), wherein the honourable apex court has dealt with section 56 of the indian contract act, 1872 and ultimately observed that doctrine of frustration of contract is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of section 56 of the ..... of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. 28. it is a pristine principle of law that section 56 of the indian contract act, 1872 deals with frustration. frustration signifies a certain set of circumstances arising after the formation of the contract, the occurrence of which is due to no fault of either party and which .....

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Feb 11 2009 (HC)

Chalimeda Lakshmi Narasimha Rao Vs. Chennadi Sudhakar Rao and ors.

Court : Andhra Pradesh

Reported in : AIR2009AP117; 2009(4)ALT164

..... court regards these sets of circumstances as releasing the parties from any further obligations. where the entire performance of a contract becomes substantially impossible without any fault on either side, the contract is prima facie dissolved by the doctrine of frustration, indian contract and specific relief acts - pollock & mulla 12th edition. it is the admitted case of the parties that, even after the first respondent filed ..... his nomination, the contract between m/s. marthanda rao & company and the government, for execution of the two works relating to nettampad ..... . polymat india (p) ltd. v. national insurance co. ltd. : air2005sc286 . terms and conditions of the contract cannot be altered or modified unilaterally unless there exists any provision either in contract itself or in law. novation of contract, in terms of section 60 of the contract act, must precede the contract making process. the parties thereto must be ad idem so far as the terms and conditions .....

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Jun 21 2004 (HC)

Gujarat Housing Board Vs. Vipul Corporation

Court : Gujarat

Reported in : AIR2004Guj319; (2004)3GLR1937

..... envisaged by second part of sec. 56.9. as said above, it is always a question of fact whether a contract is frustrated and has become void under sec. 56 of the indian contract act. section 56 of the contract act contemplates that the contract may be void under its provision yet compensation may be payable by the person who is unable to perform it. ..... the first part which was vehemently urged is that the contract in question was frustrated as per sec. 56 of the indian contracts act and no party to the contract is entitled to compensation in terms of breach of contract but parties are entitled to restoration only as per the contract act. it was vehemently urged that the contract could not be performed, in fact, work could not ..... therefore, contended that the contract was frustrated and it became impossible on account of subsequent event that allottees prevented the performance of the work, and the contractor was not entitled to any compensation because the contract was void within the meaning of sec. 56 of the indian contracts act. it was also urged that as per sec. 65 of the indian contracts act, when an agreement is ..... for determination. firstly, whether the contract is void within the meaning of sec. 56 of the indian contracts act and whether the assessment of the tribunal of the compensation based on the documents produced is revisable in this application.8. when the first point above is dealt with, it is clear that whether frustration of the contract as to render it void within .....

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May 05 1971 (SC)

Smt. Sushila Devi and anr. Vs. Hari Singh and ors.

Court : Supreme Court of India

Reported in : AIR1971SC1756; (1971)2SCC288; [1971]SuppSCR671

..... and that where this section is not applicable recourse can be had to the principles of english law on the subject of frustration is not correct. section 56 of the indian contract act lays down a rule of positive law and does not leave the matter to be determined according to the intention of the parties. the impossibility contemplated ..... and company and anr. [1954] s.c.r. 310, the doctrine of frustration is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of section 56 of the indian contract act. the view that section 56 applies only to cases of physical impossibility ..... widespread communal troubles and the long drawn out tension that prevailed between india and pakistan. the law of frustration is embodied in section 56 of the contract act. that section to the extent material for our present purpose reads:a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, ..... by section 56 of the contract act is not confined to something which is not humanly possible. if the performance of a contract becomes impracticable or useless having regard to .....

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Oct 22 2013 (SC)

Mary Vs. State of Kerala and ors.

Court : Supreme Court of India

..... and that where this section is not applicable recourse can be had to the principles of english law on the subject of frustration is not correct. section 56 of the indian contract act lays down a rule of positive law and does not leave the matter to be determined according to the intention of the parties. the impossibility contemplated ..... satyabrata ghose v. mugneeram bangur and co.,(1954) scr310 the doctrine of frustration is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of section 56 of the indian contract act. the view that section 56 applies only to cases of physical impossibility ..... and consequently it is against public good. such a clause, therefore, is opposed to public policy and being opposed to public policy, it is void under section 23 of the indian contract act. reference has also been made to a constitution bench judgment of this court in the case of delhi transport corporation v. d.t.c.mazdoor congress and another 1991 supp ..... by section 56 of the contract act is not confined to something which is not humanly possible. if the performance of a contract becomes impracticable or useless having regard to the .....

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Jul 29 2010 (TRI)

Viraj Cable Network and Others Vs. Wire and Wireless (i) Ltd and Other ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... to cases of physical impossibility and that where this section is not applicable recourse can be had to the principles of english law on the subject of frustration is not correct. section 56 of the indian contract act lays down a rule of positive law and does not leave the matter to be determined according to the intention of the parties. the impossibility contemplated ..... . there cannot, thus, be any doubt or dispute that in a case of this nature, section 56 of the indian contract act would be attracted. it is now well settled that the principle of frustration of contract is applicable to a great variety of contracts. no hard and fast rule as to in which circumstances, the said doctrine shall be applied by party seeking excuse ..... by availing of the doctrine of frustration, in such premises, it is fallacious to say that it could have pressed the consumer to pay the tariff charge even though, it has not supplied the power to the petitioner. we may notice that the term impossible has not been used in section 56 of the indian contract act in the sense of physical impossibility ..... the parties, therefore, became impossible to be performed. section 56 of the indian contract act, 1872 reads as under : 56. agreement to do impossible act. an agreement to do an act impossible in itself is void. contract to do act afterwards becoming impossible or unlawful . a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could .....

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Mar 28 2007 (HC)

Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

..... approval the principles laid down in an earlier judgment rendered in ganga saran v. ram charan, wherein the apex court had clearly held that so far as frustration of contract was concerned, the indian contract act deals with a particular subject and it is not permissible to import the principles of english law on this aspect dehors these statutory provisions. in this behalf ..... ltd. v. khayali ram jagannath. wherein the court has held that it is not hardship or inconvenience or material loss which brings the principle of frustration of contract as envisaged under section 56 of the indian contract act into play. there must be a change in the significance of the obligation that the thing undertaken would, if performed, be a different thing ..... in section 56 of the indian contract act which relates to performance of a contract. undoubtedly, frustration of contract is a class of circumstances under which performance of a contract is excused or dispensed with. section 56 of the indian contract act reads thus:56. an agreement to do an act impossible in itself is void. a contract to do an act which after the contract is made, becomes impossible, or ..... impossibility and that where this section is not applicable, recourse can be had to the principles of english law on the subject of frustration. it must be held also, that to the extent that the indian contract act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles of english law .....

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Sep 06 1956 (HC)

Jwala Prasad Vs. Jwala Bank Ltd.

Court : Allahabad

Reported in : AIR1957All143

..... such'. the doctrine oflaw in measure's case (d) mentioned above is the doctrine of frustration of contract which is embodied in section 56 of the indian contract act section 56 runs as follows:-- 'an agreement to do an act impossible in itself is void. 'a contract to do an act which, after the contract is made, becomes impossiole, or, by reason of some event which the promisor could ..... he transferred all his assets to the company.13. the doctrine of frustration of contracts as embodied in section 56 of the indian contract act is hot applicable to such cases. section 56 runs as follows:--'an agreement to de an act impossible in itself is void. 'a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the ..... of the court of appeal in england. it is not necessary for me to elaborate upon the doctrine of frustration, but so far as india is concerned, the doctrine is embodied either in section 56 or section 32 of the indian contract act and before a contract can be held to be void and the parties relieved thereunder, one or the other of these sections ..... jwala prasad and the company became void for frustration. so far as india is concerned, the doctrine of frustration of a contract is em-bodied in sections 56 and 32 of the indian contract act, section 56 thereof runs as follows :--'an agreement to do an act impossible in itself is void. a contract to do an act which after the contract is made, becomes impossible, or, by reason of .....

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