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december 1953

Supreme Court of India · 1953-12-14

KALYANPUR LIME WORKS LTD. vs STATE OF BIHAR AND ANOTHER.

Citation / case number
SC 1952/36
Court
Supreme Court of India
Petitioner
KALYANPUR LIME WORKS LTD.
Respondent
STATE OF BIHAR AND ANOTHER.
Bench
HASAN, GHULAM

Judgment text excerpt

The Supreme Court held that the agreement between the Government of Bihar and K was not void under Section 20 of the Indian Contract Act as both parties were aware of the assignment to Bose, which was made without consent, thus making K's interest liable to forfeiture. The Court clarified that the mistake was one of law regarding the validity of the assignment deed under registration law. The High Court's dismissal was reversed, affirming that the plaintiff was entitled to specific performance and compensation under the Specific Relief Act, as the conditions for relief were met despite the previous findings.

KALYANPUR LIME WORKS LTD. vs STATE OF BIHAR AND ANOTHER. · Niyam