Supreme Court of India
Mary v. State of Kerala 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.
What the Court ordered
In view of the aforesaid, what falls for our determination is as to whether the appellant could invoke H 1140 SUPREME COURT REPORTS [2013] 9 S.C.R. A the doctrine of frustration or impossibility or whether she will be bound by the terms of the statutory contract.
Judgment, page 14
From the headnote
KERALA ABKARI SHOPS (DISPOSAL IN AUCTION) RULES, 1974: "· 5 (10), (15) and (19) - Auction purchaser failing to execute the agreement - Forfeiture of deposit - Held: In terms of sub-r. (15) of r. 5, security money deposited by auction 0 purchaser is liable to be forfeited. CONTRACT ACT, 1872: s. 56 - Contract to do act, afterwards becoming impossible - Doctrine of frustration - Statutory contract - Auction purchaser finding impossible to run abkari shops due to resistance by local residents, the area being a holy place - State also found it impossible to re-sell or re-dispose of arrack shops
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.