reference petition brought before the Tribunal questioned the correctness of rescission of contract and put forth the claim of Rs. 2,01,974/- on account ... claim put forth by the contractor/claimant and contended that the rescission of contract was correctly done and balance work was properly withdrawn
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 the Indian Contract
contract which need not be performed. By that
38
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 the Indian
Contract
incorrectly invoked the power under Section 28(1) of the Act for rescission of the contract.
Mr. Rakesh Jain, learned counsel for the respondents, refuting ... clear proof of absence of readiness and willingness warranting rescission of the contract.
7. Considering the essence of the rival submissions raised
take a somersault. It is the stand of the respondents that after rescission of the contract there is deemed confiscation of all the items forfeiture ... suited to the interests of Government.
13. Clause 4.3.3.1 which pertains to rescission of contract reads as under --
4.3.3.1. To rescind the contract (of which
Mukesh & Anr vs State For Nct Of Delhi & Ors on 5 May, 2017
entitling the plaintiff|
| |or decree or for the | |to have the instrument |
| |rescission of a | |or decree cancelled or |
| |contract | |set aside or the |
| | | |contract
tenants preferred an application under Section 28 of the said Act for
rescission of the decree passed against them. The said application was
resisted
material fact) must be disclosed,
otherwise, there is good ground for rescission of the
contract. The duty to disclose material facts continues
right
Mukesh vs State For Nct Of Delhi on 5 May, 2017
Author: Dipak Misra
Bench
