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november 1951

Supreme Court of India · 1951-11-01

GANGA SARAN vs RAM CHARAN RAM GOPAL

Citation / case number
SC 1973/60428
Court
Supreme Court of India
Petitioner
GANGA SARAN
Respondent
RAM CHARAN RAM GOPAL
Author
SAIYID FAZAL ALI
Bench
SAIYID FAZAL ALI

Judgment text excerpt

The Supreme Court held that under Section 56 of the Indian Contract Act, the respondents' obligation to deliver goods was not contingent upon their receipt from the Victoria Mills, as the contract's language merely described the goods. The Court ruled that the doctrine of frustration did not apply since the respondents failed to demonstrate that they had ordered the goods from the Mills. Consequently, the appellant was entitled to damages for breach of contract due to non-delivery by the respondents.

GANGA SARAN vs RAM CHARAN RAM GOPAL · Niyam