forms of contract in writing; (g) regulating the entering into, making performances, rescission and termination of contracts, including contracts between members or between a commission
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
application filed under
Section 28 of the Specific Relief Act seeking rescission of the contract was
dismissed. The petitioners are also aggrieved of the order ... amount. At the same time the judgment debtor filed an
application for rescission of the contract. The Executing Court passed an
order dated
lite, the
applicant was within his rights in making the prayer for rescission of
the contract and the executing Court by not considering this request ... become final, the executing Court did not
consider the prayer for rescission of the agreement as made by the
applicant. In support of his submissions
Absorption of Retrenched Employees of Government or Public Corporations in Government Service (Rescission) Rules, 2003' (hereinafter referred to as ''Recession Rules ... Uttar Pradesh Absorption of Retrenched Employees of Government Rescission and Public Corporations in Government Service Rules, 1991 are hereby rescinded and as a consequence
only then, that the Court can consider the feasibility
of directing rescission of contract. In the instant
case, the time stipulated by the trial Court ... decree-holders, respondents herein, that unless the
judgment-debtor seeks rescission of the contract in terms of
Section 28 of the Specific Relief
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
which it was to have
remained in force and on such rescission such notification shall have
prospective effect.
(iii) Sub-section (3) of Section ... which it was to have remained in
force and on such rescission such notification shall cease to be in
force. A notification rescinding an earlier
Indian Contract Act, 1872 which reads thus:
"Consequences of rescission of voidable contract - When a person at whose
option a contract is voidable rescinds ... Jackson9 has held that where fraud is present, the plea of rescission cannot be
defeated on the ground of deterioration of the subject matter
forwarded to it by a market committee under sub-section (2) or rescission of an existing bye-law or adoption ... order. (4) If the market committee fails to make any such amendment, rescission or adoption within the period specified in the order referred