which it could have been rescinded, if it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
cause of action no longer survives..................................................................24-27
Dismissal of the rescission application operates as a bar
in prosecuting the appeal.................................................................................28-31
To allow ... action to file the suit/appeal
no longer survives.
DISMISSAL OF THE RESCISSION APPLICATION OPERATES AS A BAR IN
PROSECUTING THE APPEAL
28. This Court
Nayagrah (R&B) Division, Nayagarh, in pursuance of the
approval of rescission of contract vide letter no.2198 dated
Page ... failed to complete the work as per his
commitment. Accordingly, the contract rescission proposal
was initiated as per Clause-2(i) of the agreement
Southern Circle Rural Works, Sunabeda, vide his letter
dated 12.11.2020, submitted a rescission proposal to the
Engineer-in-Chief, Rural Works Odisha. After submission ... Page 3 of 40
the rescission proposal, the Executive Engineer, vide his
letter dated 11.12.2020, intimated that there was heavy
rain and flood
illegal mining, removing him from
the list of approved contractors and thereafter rescission of Contract at the
Signature Not Verified CS(COMM) 249/2017 ... breach on the
part of thecontractor and the action of rescission of Contract at the risk and
costof plaintiff is also illegal, arbitrary and against
rescinded the work by letter dated
18/11/2008 and the rescission came into effect from
5/12/2008. At the time of rescission ... compensation which was not
acceptable to claimant. On these facts and
circumstances, rescission of the contract by the
petitioner employer is held
defendant no.1 could not establish the plea raised by him regarding rescission of the contract and that the trial court did not appreciate ... registered agreement to sell and assuming that the plea of rescission of contract as raised by the defendant is examined then firstly, such an agreement
Jitendrabhai Virjibhai Limbasiya vs Dhirajlal Mohanbhai Sorathiya on 5 June, 2023
C/SCA/14617/2021
Ravinder Nangia vs Puran Chand Sethi on 1 November, 2023
Author: Neena Bansal Krishna
Bench
Captain Rajesh Sethi S.C. vs Col. P.C.Sethi & Anr on 1 November
