Supreme Court · 2007 INSC 797 · Decided 1 August 2007
State of Karnataka and ANR. v. K.K. Mohandas and ETC.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 797 · [2007] 8 S.C.R. 697
- Case number
- CIVIL APPEAL No. 7102/2002
- Decided
- 1 August 2007
- Bench
- A.K. MATHUR, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 26
Headnote
B Specific Relief Act, 1963: s.26-Party cannot ask for rectification of an agreem,;,nt entered into with open eyes and without any mutual mistake-At best it can ask for C damages if it suffers any loss due to some default of opportunity-When no . loss was shown, plaintiff could not even ask for to prevent illegal sale oftoddy­ Plaintiffs who are experienced contractors must have knownfactum of illegal sale and cannot claim ignorance-Estoppel against Government cannot be D pleaded due to policy statement of Government in Assembly as plaintiffs were never mislead by same. The State of
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