Supreme Court of India
Hpa International v. Bhagwandas Fateh Chand Daswani and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
For the above reason that parties very clearly agreed by specific clause (6) in the agreement that if the sanction of the Court was not accorded, the agreement shall forthwith C stand cancelled and the advance money re;:eived shall be returned to the purchaser.
Judgment, page 48
From the headnote
Contract Act, 1872 : Ss. 31 and 32-Contingent contract-Enforcement of-Contract for conveyance of entire life interest of vendor and reversionary interest of remaindermen though latter not a party to the contract-Conveyance contingent on obtaining sanction of Court as to conveyance of interest of remainder men-Specific pe1formance-Permissibility of-Held, when sanction could not be obtained for reasons beyond the control of the parties, contract cannot be directed to be specifically enforced-Specific ' Relief Act, 1963-Ss. 10 and 20. Ss. 73, 53, 56 and 32-Fundamental or repudiatory breach-Test
Authorities it was built on
Where later benches applied it
- 2015 Nandkishore Lalbhai Mehta v. New Era Fabrics Pvt. Ltd. & Ors.
- 2015 Hanumappa Channappa Hullur (d) by Lrs. v. Shivamaruthappa Parappa Kalli & Ors.
Of those, 1 relied on · 1 distinguished
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