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
particular form and all that Section 66 provides for is that the rescission of a voidable contract may be communicated or revoked in the same ... them, they had in effect informed the Agent of Sri Chand about rescission of the contract on the 12th, 13th and 17th June, 1950. Consequently
though his act may give the other party a right to claim rescission and restoration" -- Black on Rescission and Cancellation, 1916 edition, Volume ... party to the contract may avail himself of.
'"Upon the rescission of a contract, either of the parties will be entitled to demand
which it could have been rescinded, if it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
Section 64 of the Act did not apply to a case of rescission under Section 39 .
9. Upon this appeal the only matter raised ... with the right to damages. And Section 66 describes how " the rescission of a voidable contract" may be communicated.
20. From these sections
modifications of the terms of a contract do not amount to its rescission. The modifications are read into and become part and parcel ... Crediet-En-Handels Vereeninging Rotterdam, (S ) AIR 1955 Cal. 65 para 15). Rescission of a contract, whether written or parole, need not be express
whether or not the claimant chooses to exercise any right of
rescission of the contract on the grounds of misrepresentation.‖
(b) The judgment ... Court may
seem just.‖
and Section 64 providing the consequences of rescission of a voidable
contract as under:
―64. Consequences of rescission of voidable contract
nothing inconsistent in a vendor being given relief by way of rescission and at the same time, in the absence of express stipulation ... return of the deposit on the ground that a claim for rescission was inconsistent with a claim for damages under the contract and that
letter dated 10-3-1973 (Ext. 8) established a clear case of rescission of contract ?
(iii) When ... appellate Court, however, did not consider Ext. A and Ext. 8 as rescission of the contract. On the other hand, placing reliance
which are as under:-
Claim No. Nature of claim
01 Declaration, that, rescission of the agreement is illegal and
void.
02 Declaration, that, any action ... view, the question would not be
whether the rescission of the contract was
unreasonable and, therefore, unjustified but whether
the rescission of the contract
