besides, do not provide for the method of rescission of a contract, and Section 126 of the Transfer of Property Act does not lay down ... which the rule is based, it has the effect of preventing the rescission, by oral agreement, of a transfer which cannot be effected by oral
besides, do not provide for the method of rescission of a contract, and Section 126 of the Transfer of Property Act does not lay down ... which the rule is based, it has the effect of preventing the rescission, by oral agreement, of a transfer which cannot be effected by oral
vendor may either file a fresh suit for rescission of the contract or may, in the specific performance suit itself, apply to the Court ... when he observes that the vendor can succeed in his motion for rescission of the contract only when there has been a positive refusal
Specific Relief Act read with Section 151 CPC for rescission of contract and also for a direction to restore the possession in their favour ... counsel appearing for the defendants that the order dismissing the application for rescission of contract and extension of time is misconceived which transgresses every point
which it could have been rescinded, if it
were a contract. The rescission of a contract is dealt with in the Indian
Contract ... Section 126 .
Hence, it cannot be concluded that the provisions relating to rescission in the
Contract Act are incorporated by reference into
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
Civil Code clearly
enumerates the principle, procedure and circumstances to seek for
rescission, which has to be initiated within a period of 2 years from ... lesion. The Lower Appellate Court also found that any suit for rescission
of sale on the principles of lesion ought to have been initiated within
Specific Relief Act, 1963 ( in short
' Specific Relief Act ') seeking rescission of the contract. All the other
revisions are arising only ... Specific Relief Act, judgment debtors were instituted to seek
rescission of the contract.
13. The learned Senior Counsel has relied on the following
decisions
itself confers power on the Trial Court to grant order
of rescission of the contract would indicate that till the sale deed is executed ... order of payment of Rs.60,00,000/- at the time of rescission of ,
the Court ought to have numbered the petition, heard the parties
judis
C.R.P.No. 3949 of 2024
of rescission of the contract would indicate that till the sale deed is executed
in execution ... order of payment of Rs.60,00,000/- at the time of rescission of ,
the Court ought to have numbered the petition, heard the parties
