Supreme Court · 2004 INSC 395 · Decided 13 July 2004
Hpa International v. Bhagwandas Fateh Chand Daswani and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 395 · [2004] SUPP. 3 S.C.R. 31
- Case number
- CIVIL APPEAL No. 6006/2001
- Decided
- 13 July 2004
- Bench
- SHIVARAJ V. PATIL, D.M. DHARMADHIKARI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 1; Constitution Article 136; Contract Act Section 31, 32; Specific Relief Act Section 12(3)
Headnote
B 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 C contingent on obtaining sanction of Court as to conveyance of interest 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. D Ss. 73, 53, 56 and 32-Fundamental or repudiatory breach-Test for ascertaining-Consequences if contract rendered
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