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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 :
Supreme Court of India Cites 14 - Cited by 114 - N V Ramana - Full Document

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.
Supreme Court of India Cites 24 - Cited by 220 - R C Lahoti - Full Document
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