Supreme Court of India
Thirneedhi Channaiah v. Gudipudi Venkata Subba Rao (d) by Lrs. & 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.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that the respondent could not have forfeited the amount of advance.
Judgment, page 5
From the headnote
Contract Act, 1872-Frustration of Contract-Agreement to sell property-Advance paid-Another agreement containing forfeiture clause- Land Acquisition proceeding by State in respect of suit property-Claim of refund of advance by buyer refused by seller and advance forfeited-Challenge against-Held, seller cannot exercise right of forfeiture of amount-Directed to refund the advance amount. Respondent had entered into an agreement to sell suit property to appellant Appellant made part payment of the consideration amount regular sale deed was to be executed after the entire amount is paid. On the
Where later benches applied it
Of those, 1 referred to
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