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1 - 10 of 11 (0.25 seconds)Section 65 in The Indian Contract Act, 1872 [Entire Act]
Article 14 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Article 12 in Constitution of India [Constitution]
Section 51 in The Indian Contract Act, 1872 [Entire Act]
Section 54 in The Indian Contract Act, 1872 [Entire Act]
South East Asia Marine Engineering And ... vs Oil India Limited on 11 May, 2020
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 not prevent, unlawful,
becomes void when the act becomes impossible or
unlawful.”
The jurisprudential aspects of this provision have been
recently dealt with by the Hon'ble Supreme Court of India in
South East Asia Marine Engg. & Constructions Ltd. (SEAMEC
LTD.) v. Oil India Ltd., reported in (2020) 5 SCC 164. It was
held therein as follows :
The Indian Contract Act, 1872
Jamshed Hormusji Wadia vs Board Of Trustees, Port Of Mumbai & Anr on 13 January, 2004
(8)The Hon'ble Supreme Court in the decision reported in
(2004) 3 SCC 214 (Jamshed Hormusji Wadia vs Board Of Trustees,
Port Of Mumbai) held that the State and its authorities including
instrumentalities of States have to be just, fair and reasonable in all
their activities including those in the field of contracts. Even while
playing the role of a landlord or a tenant, the State and its authorities
remain so and cannot be heard or seen causing displeasure or
discomfort to Article 14 of the Constitution of India. A State cannot be
seen to be indulging in rack-renting, profiteering and indulging in
whimsical or unreasonable evictions or bargains. The validity of their
actions in the field of landlord-tenant relationship is available to be
tested not under the rent control legislation but under the
Constitution. The rent control legislations are temporary, if not
seasonal; the Constitution is permanent and all time law.