Supreme Court · 1988 INSC 320 · Decided 14 October 1988
Jawaharlal Wadhwa and Another v. Haripada Chakroberty
- Court
- Supreme Court of India
- Citation
- 1988 INSC 320 · [1988] SUPP. 3 S.C.R. 513
- Case number
- CIVIL APPEAL No. 2678/1985
- Decided
- 14 October 1988
- Bench
- SABYASACHI MUKHERJI, M.H. KANIA, S. RANGANATHAN (3-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 53A; Arbitration Act Section 30, 33, 34
Headnote
Arbitration Act, 1940-Sections 30,33 and 34-Award-Setting aside-Only an error of law and not mistake of fact committed by Arbitrator justiciable before Court. Transfer of Property Act, i88;;-Section 53A-Anticipatory breach of contract-Option to claim damages-Otherwise keep contract alive by to claini. specific pe1forn1ance-Tra11sfcree in possession of premises-Stopped paying monthly instalments-Could not claim pro­ tection under section 53A. The respondent had taken a loan of Rs.15,000 from the Ministry of Defence for construction of a house on a plot allotted to him. As the
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