aforesaid reply could reach the
Department,defendants illegally and arbitrarily rescinded the Contract vide
letter dated 23.11.2006 (received by plaintiffafter 24.11.2006), forfeited the
Signature ... declaration that the
order dated 23.11.2006 of the
department in rescinding the
contract is illegal and arbitrary and
therefore is liable to be quashed
there is no reason for the defendants to rescind the Contract
before the said date. The defendant Nos. 1 and 2 turned fraudulent which ... there being a
subsisting Agreement to Sell, but the reasons given for rescinding the
Agreement to Sell dated 21.03.2004 are also not tenable.
45. Pertinently
Ajay Narain vs Aarti Singh & Ors. on 2 December, 2024
Author: Neena Bansal Krishna
Aarti Singh vs Ajay Narain on 2 December, 2024
Author: Neena Bansal Krishna
Bench: Neena
Ravinder Nangia vs Puran Chand Sethi on 1 November, 2023
Author: Neena Bansal Krishna
Bench
Captain Rajesh Sethi S.C. vs Col. P.C.Sethi & Anr on 1 November
that their failure to do so,
constituted a breach of contract. However, a bare perusal of Sections 4 and 5
would reflect that Defendants were ... have the instrument or decree cancelled or set aside for the
contract rescinded first became known to him." Therefore, in a contract of
sale
have the instrument or decree cancelled or set
aside for the contract rescinded first become known to him." Thus, the cause
of action originated
Contract was a contingent
Contract and the amount was liable to be refunded to the plaintiff in the
event the terms of the Contract ... Deed was not forthcoming from
D.S.I.D.C., the Contract stood rescinded as is evident from the conduct of
the parties. The defendant
parties to a contract agree to substitute a new
contract for it, or to rescind or alter it, the original contract,
need not be performed ... contract has been entered
into."
54. Novation occurs when the parties to a Contract agree to substitute a
new contract or to rescind
