enunciates the law relating to discharge of contract by
reason of supervening impossibility or illegality of the act
agreed to be done. The wording ... relating to the discharge of contract by reason of supervening
impossibility or illegality of the act agreed to be done. The wording of
this paragraph
contract therefore became frustrated due to that supervening impossibility. The defendant is not only bound to grant remission of that amount but is station ... claim any damage or compensation from the Government. There was no supervening impossibility.
9. It is true that the defendant Government seeks to collect
discharge of a
contract by reason of a supervening impossibility or illegality of the act agreed to be done. The supervening
impossibility or illegality ... frustration of a contract. In this case there is no supervening
impossibility or illegality which fundamentally alters the conditions of the contract. No event
Om Bldrs.(P) Ltd vs 1B. Anil Chinubhai Kilachand And Ors on 5 October, 2015
Puravankara Projects Limited ... vs Galaxy Properties Private Limited ... on 20 February, 2018
Author: C.V
Puravankara Projects Limited ... vs Galaxy Properties Private Limited ... on 20 February, 2018
Author: C.V
Supreme
Court has interpreted frustration doctrine and explained the concept of
supervening impossibility which should not be absolute but must lead to
an impracticable performance ... doubt, a contract
can be frustrated either because of supervening impossibility
of performance or because performance has become
unlawful by reason of circumstances for which
relating to the discharge of contract by reason
of supervening impossibility or illegality of the
act agreed to be done. The wording of this
paragraph ... part of the law of
discharge of contract by reason of supervening
impossibility or illegality of the act agreed to be
done and hence comes
impossible Act:
An agreement to do an act impossible in itself is void.
Contract to do act afterwards becoming impossible or unlawful: A contract ... something supervenes after its execution. It is an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality
become null and void, inoperative and incapable of performance owing to supervening impossibility and force majeure situation resulting from the Press Note ... made the contractual clauses void or impossible of performance; that since the impossibility of performance due to supervening events was pleaded as a force majeure
