Supreme Court · 1969 INSC 309 · Decided 28 October 1969
Shree Hanuman Coti'on Mills & ORS. v. Tata Air-Craft LTD.
- Court
- Supreme Court of India
- Citation
- 1969 INSC 309 · [1970] 3 S.C.R. 127
- Case number
- CIVIL APPEAL No. 1122/1966
- Decided
- 28 October 1969
- Bench
- J.M. SHELAT, C.A. VAIDYIALINGAM, I.D. DUA (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 74, 64
Headnote
E F G 127 SHREE HANUMAN COTI'ON MILLS & ORS. v. TATA AIR·CRAFf LTD. October 28, 1969 [J.M. SHELAT, C. A. VAIDIALINGAM AND I. D. DUA, JJ.J Contract-Money deposited as earnest money-Breach committed by buyer-Right. of seller to forfeit-Principles. Contract Act (9 of 1872), ss. 64 and was agreed between the parties th~t the balance should be paid in two instalments. It was also agreed that the respon­ dent's terms of business were made part of the terms and conditions gov­ erning the contract. According to cl. 9 of the respondent's terms of business the buyer has to
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