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
Absorption of Retrenched Employees of Government or Public Corporations in Government Service (Rescission) Rules, 2003 (hereinafter referred to as the "Rules ... Absorption of Retrenched Employees of Government or Public Corporations in Government Service (Rescission of Rules) Act, 2009 (hereinafter referred
High Court in the following judgments seriously contended that the rescission of G.O. issued without notice and without affording an opportunity of hearing ... persons and without affording opportunity of hearing to the affected persons and rescission of notification without hearing the persons prejudicially affected, thereby being in violation
Specific Relief Act, 1963 (for short
'the Act') for rescission of the contract has been dismissed.
In brief, the plaintiff-decree holder filed ... petitioner filed an application under Section 28 of the Act
for rescission of the contract on the ground that the balance sale
consideration
EngineerinCharge shall be
conclusive evidence of such termination or
rescission. This does not make the decision
of the Engineerin Charge ... validity of determination or rescission,
valid or final. In fact it does not make any
decision of EngineerinCharge final at all.
It only
contract. Section 66 of The Contract Act provides that the
rescission of a voidable contract may be communicated or revoked
in the same manner ... present suit, plaintiff has not prayed
for decree for rescission of the contract under Section 27 of The
Specific Relief Act. He has claimed compensation
plaintiff with the
following observations:
(a) that there is a rescission clause in the agreement and
in case of cancellation of agreement, defendant was
entitled ... condition.
7. It is further clear from the clause no. 12 (rescission clause) of
the agreement that in case purchaser would cancel the
contract
plaintiff entering into the
Facilitation Deed took place in Mumbai and the rescission of the
Facilitation Deed on the ground that it was induced ... principle of separability enacted in section 7 means that
the invalidity or rescission of the main contract does not
necessarily entail the invalidity or rescission
1982 under Section 20 of the Specific
Relief Act for rescission of the Agreement to Sell dated 29.7.1980 and to
set aside the decreed ... being:
(A) Is the decree executable? and
(B) Was the application for rescission properly decided?
12. It is contended by learned senior counsel for defendant
Dakarapu Lakshmana Swamy vs Maddula Narasimha Rao And Others on 19 March, 2014
Author: B
