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Contract Act S. 5 – If the agreement become impossible, only then it will become void – No doubt, the plot in question at one stage was under attachment and charge, however, that itself does not result in frustration of the contract

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NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial –  Circumstantial evidence –  Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict.  [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

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Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

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Chennai City Police Act, 1888 – Police Act, 1861 [2023 PLRonline 9003]

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CPC O. 6 R. 2 - Only  the facts are required to be stated in a concise manner in the pleadings and neither the evidence nor the arguments are required to be stated therein

Contract - Encumberance - Vendor has assured that the property is free from all encumbrances - Vendor can not take benefit of the same.

Home Contract

Contract Act S. 5 – If the agreement become impossible, only then it will become void – No doubt, the plot in question at one stage was under attachment and charge, however, that itself does not result in frustration of the contract

by Punjab Law Reporter
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– Contract Act, 1872 (9 of 1872) Section 5 – Counsel that in view of the provision of Section 56 of the Indian Contract Act, 1872, the agreement to sell stood frustrated after the attachment of the property by the Income Tax Department Department – If the agreement become impossible, only then it will become void – In the present case, the performance of the agreement to sell has not become impossible – No doubt, the plot in question at one stage was under attachment and charge, however, that itself does not result in frustration of the contract – The word “impossibility” to act as per the terms of the agreement, cannot mean that if the performance of the contract becomes onerous for one party, then it leads to impossibility – There is a difference between onerous liability and impossibility – The present case falls in the category of onerous liability and does not fall in the category of an impossible Act – Even otherwise such an impossibility must not arise due to the fault of the party itself.

2022 PLRonline 1355

Tags: Contract - Void, Contract Act S. 5
Tags: Contract - VoidContract Act S. 5

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