Supreme Court · 1979 INSC 21 · Decided 30 January 1979
Hind Construction Contractors v. The State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 1979 INSC 21 · [1979] 2 S.C.R. 1147
- Case number
- CIVIL APPEAL No. 483/1969
- Decided
- 30 January 1979
- Bench
- Y.V. CHANDRACHUD, V.D. TULZAPURKAR, A.P. SEN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 80; Contract Act
Headnote
Contract Act-Contract not completed within stipulated time. No term in contract making tin1e, the essence of contract-Tests for deciding if tin1e was of essence. A B The appellant entered into a contract with the respondent for the execution of a work the essential term of which was that the from the commencement of the work. On the ground that the appellant had not completed the work within the stipulated time the res­ pondent rescinded the contract. In his suit for damages for illegal and wrongful recision of the contract the appellant claimed that the date for
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