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 ... only doctrine that we have to go by is
that of supervening impossibility or illegality as laid down in Section 56 of
the Contract
only in the case of
supervening impossibility of the performance which caused delay in
finalisation of accounts and consequent delay in filing of return ... within
time as mandated u/s 139(1). Thus, doctrine of supervening
impossibility has to be pressed and proved by the assesseee for which
onus
peculiar factual matrix prevailing in the
instant appeal and doctrine of supervening impossibility of business
usage of these properties . There is admittedly no business user ... properties on
rent for longer period of time wherein doctrine of supervening
impossibility had set in preventing business user of these properties
for the purposes
peculiar factual matrix prevailing in
the instant appeal and doctrine of supervening impossibility of business usage of
these properties . There is admittedly no business user ... properties on rent for
longer period of time wherein doctrine of supervening impossibility had set
in preventing business user of these properties for the purposes
assessees were prevented
from performing the conditions by virtue of supervening
impossibilities, either by way of judicial restraint or by any other
cogent reasons beyond ... been received back within the time. That
cannot be a supervening impossibility by operation of any
uncontrollable events. Payment of advance and return
some fault on the part of the debtor or some supervening impossibility on the part of the debtor to pay, but not because
M/S Adani Power Limited vs Gujarat Electricity Regulatory ... on 7 September, 2011
Judgement in
time, the contract is to be treated as void for a
supervening impossibility and the parties are discharged
from performing the contract. What should ... under which
the contract cannot be discharged, despite there being a
supervening impossibility, as follows :
............................
...........................
Considering the above principles, we are of the view that
debtor was so precarious and shaky that it would be impossible to collect any money from him. The question is really one of fact depending ... some fault on the part of the debtor or some supervening impossibility on the part of the debtor to pay, but not possible difficulties
North Eastern Electric Power ... vs Assam State Electricity Board And Ors. on 31 October, 2007
