proof on plaintiff is
heavy--Court will rarely grant specific performance of
contract, on the basis of oral evidence only--Offer by
defendant in written ... before a court can
grant a decree for specific performance, the contract
pleaded must be a specific one and the same must be:
established
Contract Act -Contract not completed within stipulated
time. No term in contract making time, the essence of
contract-Tests for deciding if time ... essence.
HEADNOTE:
The appellant entered into a contract with the
respondent for the execution of a work the essential term of
which was that
suit by the purchaser against the vendor for specific performance of a contract for the sale of immovable property and in the alternative ... lower Court, finding that time was of the essence of the contract and that the defendant exercised his option of avoiding the contract under Section
State to
refund tax - Limitation period for claiming such refund.
Indian Contract Act 1872, s. 72 - Money paid under
mistake of law - Liability to return ... respondent-assessee had been taxed on the basis of
sale of forward contracts for the assessment year 1949-50
and for subsequent years. After coming
agreed to pay higher freight, as indicated
in the terms of contract and was content with the goods
being carried at "OWNER ... construction and use of works on land so
taken) may, by special contract, signed by the owner of such
property so delivered as last aforesaid
Convenant in restraint of trade- Contract Act, 1872 ,
Section 27 , scope of-Whether a post-service restrictive
covenant in restraint of trade in service agreement ... agreement is valid and not hit by
section 27 of the Indian Contract Act, it is not enforceable
against the respondent at the instance
security deposit payable by the appellant was
Rs.22,600/-. The contract required the work to be completed within
18 months from the date ... making on account payments for the work done as
required by the contract terms (delay of 19 months in
releasing the payment towards first part
SIKRI, S.M.
CITATION:
1968 AIR 522 1968 SCR (1) 821
ACT:
Contract-frustration impossibility of performance due to
intervening circumstances-Whether contract discharged ... implied term or on Court deciding performance impossible-
Contract Act ss. 32 and 56-Scope of-Whether damages could be
awarded on the basis
CITATOR INFO :
R 1980 SC1717 (6,15,19,23)
ACT:
Indian Contract Act (9 of 1872), s. 27--Public
policy--Restraint on alternative employment during ... contracted period of service when justified.
HEADNOTE:
The appellant joined the service of the respondent
company as Shift Supervisor and was given training
Superintending
Engineer, Siruvani Project, Palghat, .the designated Arbitrator
in terms of the contract, was appointed as the sole Arbitrator.
By his award, which was published ... failure, although there was no provision for escalation of costs
in the contract. Under the said clause the appellant claimed
an amount
