that
the appellant was not responsible for the delay and consequently the
rescission/termination was illegal and levy of liquidated damages and
recovery of excess ... determine or rescind the contract as aforesaid (of which
termination or rescission notice in writing to the contractor under
hand of the Engineer-in-Charge
instead rescinded the
contract. He, therefore, held that the decision of
rescission of the contract was bad, wrongful, and hence the
claim of the respondent ... just. He also
allowed interest on the sum from the date of rescission of
the contract. Certain counter claims of the petitioner-
Corporation were also
repealed by Specific Relief
Act (47 of 1963)--Application for rescission of contract and
decree in 1967 under s. 35 of 1877 Act--When dight ... rescission can be said to have accrued under s. 6 of General
Clauses Act, 1897.
Specific Relief Act (47 of 1963) s. 28-Scope
such terms as may be just
for including such claim.
27. When rescission may be adjudged or refused.
—(1) Any person interested in a contract ... have it rescinded, and such rescission may be
adjudged by the court in any of the following cases,
namely:
(a) where the contract is voidable
have the decree set aside, the trustees now opted
for its rescission. It was further alleged that the
respondent was repeatedly assured of the execution ... respondent herein
submitted that the application filed by the Trustees for
rescission of the contract dated 16.8.1980 be dismissed.
By order dated 31.7.1996, the trial
4274/1999 in Suit
No. 280/1982) for rescission of the agreement. That was dismissed by
the Single Judge, High Court of Delhi vide Order ... consideration:
A. Is the decree executable?
B. Was the application for rescission properly decided?
13. The agreement for sale was executed by the appellants (Defendants
contingencies referred to in that clause, one of which was that such rescission could be made by that officer if the plaintiff declined, neglected ... only question that falls to be determined is whether the rescission of the contract with effect from December 29, 1949 was made by a competent
grantees that remain on the
land in the event of rescission under Article 12:
“Art. 16. In case of the rescission of the grants ... thirty years, had
become absolute owners by right of prescription, thus rendering
rescission impermissible.
4.18. Pursuant to these replies, the Collector vide order dated
obtain a declaration as to the validity
of such revocation or rescission. If a party claims that he had valid
reasons to terminate or rescind ... shows that once a party claims the right of revocation or
rescission, of the agreement then such a party is required to
seek a declaration
Specific Relief Act,
1963 (For short, “the Act”) for rescission of contract.
4. The facts of this litigation giving rise to these appeals as recorded ... hereinafter referred to as "the 1963 Act'') for rescission of the contract
on account of non-payment of the remaining sale consideration
