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instead rescinded the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repealed by Specific Relief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 have it rescinded, and such rescission may be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
Retrenched Employees of State Government or Public Corporation
in Government Service (Rescission) Rules, 2003 as ultra vires and
further a mandamus commanding the respondents ... Absorption of Retrenched Employees of Government or
Public Corporation in Government Service (Rescission) Rules, 2003
(hereinafter referred to as the Rescission Rules 2003) with effect
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the contractor/claimant and contended that the rescission of contract was correctly done and balance work was properly withdrawn
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
Maharashtra , where the Court has occasion to consider the validity of the rescission of the contract made by one contracting party, which is a Government ... Court having construed the terms of the contract held;
"The rescission of such a contract on the part of the State Government without fixing
