Supreme Court · 1972 INSC 71 · Decided 9 March 1972
Hungerford Investment Trust Limited (In Voluntary Liquidation) v. Haridas Mundhra & Others
- Court
- Supreme Court of India
- Citation
- 1972 INSC 71 · [1972] 3 S.C.R. 690
- Case number
- CIVIL APPEAL No. 488/1971
- Decided
- 9 March 1972
- Bench
- K.S. HEGDE, KUTTYIL KURIEN MATHEW (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 46; Specific Relief Act
Headnote
Specific Relief Act (1 of 1877) repealed by Specific Relief Act (47 of 1963)-.A.pplication jor rescission of convact and decree in 1967 .wuier s. 35 of 1877 Act-When dight to rescission can be said to have uccrued under s. 6 of General Clauses Act, 1897. Specific Relief Act (4~ of 1963) s. law relating · to specific relief-No time fixed in decree for specific performance -Effect of­ ··Order of ,-escis~ion by Court-Nature of. Decree for specific performance-If could be executed. by defendant as mone,v decree. The appellant was the owner of 100% shares in
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