Supreme Court · 2013 INSC 710 · Decided 22 October 2013
Mary v. State of Kerala and Ors,
- Court
- Supreme Court of India
- Citation
- 2013 INSC 710 · [2013] 9 S.C.R. 1126
- Case number
- CIVIL APPEAL No. 9466/2003
- Decided
- 22 October 2013
- Bench
- C.K. PRASAD, V. GOPALA GOWDA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 14; Contract Act Section 56
Headnote
KERALA ABKARI SHOPS (DISPOSAL IN AUCTION) C 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 afterwards becoming impossible - Doctrine of frustration - Statutory contract - E 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 -- Held:
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