Majority Award, the Petitioner's challenge to the
Respondent's rescission of the Petitioner's 2nd Media Rights License
Agreement dated 25th ... Majority Award, the Arbitrators upheld that the said
rescission of the 2nd BCCI-WSGI MRLA by accepting the Respondent's
contention that the said
Judgment .doc
show progress, partial rescission was carried out as provided
under clause 60.1 of GCC after following the procedure. The
rescission was affected ... wrongful, unjust and legally not
sustainable and tribunal has wrongly held that rescissions
made is not in conformity with the agreed provisions under
the contract
Specific Relief Act is extracted below:
5
"28. Rescission in certain circumstances of contracts for
the sale or lease of immovable property, the specific ... following points for
determination:
"1. Whether the Petitioners are entitled for rescission of
agreement for sale dated 29th December, 1997 as per the
provisions
hereinafter referred to as
"the 1963 Act") for rescission of the contract on account of non-payment of
the remaining sale consideration ... Consequently, on 16.08.2019, the Executing Court has dismissed the
application for rescission of the contract. These four revision petitions have
been filed for setting aside
record.
10. Section 28 of the Special Relief Act, 1963 provides for rescission
of the contract for sale or lease of immovable property, the specific ... Section 28
is relevant for this case, which is as under:
“28. Rescission in certain circumstances of contracts
for the sale or lease of immovable
record.
10. Section 28 of the Specific Relief Act, 1963 provides for rescission
of the contract for sale or lease of immovable property, the specific ... Section 28
is relevant for this case, which is as under:
“28. Rescission in certain circumstances of contracts
for the sale or lease of immovable
Batch
which need not be performed. By that provision, any
novation, rescission and alteration of a contract can be
made only bilaterally. A deed ... cancellation will amount to
rescission of contract and if the issue in question is viewed
from the application of Section 62 of Indian Contract
that
contract which need not be performed. By that
provision, any novation, rescission and alteration of
a contract can be made only bilaterally. A deed ... cancellation will amount to rescission of contract
and if the issue in question is viewed from the
application of Section 62 of Indian Contract
South) by the
appellant Saroj Kumar Misra which was a submission of rescission
proposal of the 1st agreement i.e. the work assigned ... contract remains in force' and 'rescission of contract' as per
clause 2(b)(i) of the conditions of the contract
Engineer-in-
Charge shall be conclusive evidence of such termination or
rescission. This does not make the decision of the Engineer- in-
Charge ... validity of determination or rescission, valid or
final. In fact it does not make any decision of Engineer-in-Charge
final at all. It only