scheme of Mutual Fund because otherwise it was hit
by doctrine of impossibility and based on factual matrix of the case ... 2012.In the absence of the aforesaid approval by SEBI, doctrine
of impossibility will set in and it will be impossible for the assessee
Agreement to sell
land-Doctrine of frustration- Applicability-Doctrine whether
applicable in India- Scope of s. 56 Impossible meaning of-
Agreement for sale of land ... juridical basis of the
doctrine of frustration, yet the essential idea upon which
the doctrine is based is that of impossibility of
performance
cannot be followed
because it is impossible to do so. The doctrine of
impossibility is squarely applicable on the facts of the
present case because ... attracted of the present case.
27. The issue in regard to doctrine of impossibility
has been discussed of the Tribunal in the case
juridical basis of the
doctrine of frustration, yet the essential idea upon which the
doctrine is based is that of impossibility of performance ... juridical basis of the doctrine of
frustration, yet the essential idea upon which the doctrine is based is
that of impossibility of performance
Then in regard to the contention about the applicability of the doctrine of impossibility of performance, Jagadisan, J., reviewed the case-law on the subject ... impossibility of performance or frustration cannot be applied to cases of commercial transactions. Impossibility of performance cannot be called commercial impossibility. Mere commercial impossibility will
attachment over the bank a/c as above. Thus, Doctrine of
impossibility of performance applies in all force in this case and hence,
the appellant ... stand it was not permissible.
25. It was submitted that the Doctrine of impossibility of performance
has been recognized and frequently applied by the Courts
deduction u/s 54F of the Act.
5.8 Referring to the Doctrine of impossibility of performance, it was further
submitted by the ld AR that ... appellant to perform the act desired on his part. Thus, Doctrine of
impossibility of performance applies in all force in this case and hence
undertaking given by State of U.P. before Supreme Court now impossible. The doctrine of impossibility would thus clearly be attracted in present scenario ... authorities to do what cannot possibly be performed by it. The doctrine of impossibility is based on the maxim "lex non cogit ad impossibilia
follows:
The essential idea upon which the doctrine of frustration is based is that of impossibility of performance of the contract; in fact, impossibility ... contract impossible and the parties are absolved from the further performance of it as they did not promise to perform an impossibility. The doctrine
contract is the foundation of our law of contract and the doctrine of impossibility does not displace that principle, but merely enables the Court ... become impossible for the seller to perform the agreement. But the doctrine of impossibility cannot be applied in a manner which will weaken the principle
