sense that the agreement is one which is an act impossible of performance, in the sense, the person having died it is no more possible ... impossible on and after 16-6-1999 i.e. subsequent to the death of the person. The subject matter was not one impossible of performance
when a purchaser's contract to acquire
immovable property becomes impossible of performance
without no fault on his part, as in the case ... When the Plaintiff by his option has made
specific performance impossible, Section 21 does
not entitle him to seek damages. This position is
common
impossible act.-- An agreement to
do an act impossible in itself is void.
Contract to do an act afterwards becoming impossible or
unlawful.-- A contract ... after the contract was executed, rendering the contract's
performance impossible or unlawful, the contract became
void. The Court emphasized that the doctrine
amendment is liable to be struck down on the grounds of impossibility of performance and compliance. Admittedly, no interest can be levied with retrospective effect ... retrospective Amendment by Finance Act, 2002 is unreasonable and exapproprietary and impossible of performance and compliance. The learned Senior counsel submitted that Legislature has power
makes a agreement which is otherwise legal void is that its performance is impossible except by disobedience to law.
(60) A bare possibility of such ... question is whether the performance of the agreement of sale except by unlawful performance was impossible.
(63) Although the discussion of the Civil Judge
which were not in contemplation of either parties; contract had become impossible of performance during the said period, and temporary suspension of business absolve their ... under Section 21 have not made the contract wholly illegal or impossible of performance. Petitioners have carried on their business as agreed except
illegal decree for specific performance of a contract, which
has become impossible of performance has been passed.
He contended that the Civil Court ... plaintiff
and defendant No.1 vide Ex.P1 became impossible of
specific performance having regard to S.56 of the
Contract
taking within its sweep a situation where an act is impossible of performance on the day on which the auction is held as it happened ... taking within its sweep a situation where an act is impossible of performance on the day on which the auction is held as it happened
committed a manifest illegality in insisting on performance of what was impossible of performance and declaring that the NOC had lapsed for such nonperformance ... does not require a person to perform what is impossible of performance. On the facts and circumstances, it was impossible for the petitioner to complete
parties. One of the
circumstances is, "Doctrine of supervening
impossibility". Thus the performance that was valid and
possible in the beginning may forms ... considered the happening of material event to render
29
the performance impossible and also cancellation of
grant frustrates the contract of sale from 2nd defendant
