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march 1958

Supreme Court of India · 1958-03-21

KESHAVLAL LALLUBHAI PATEL AND OTHERSAND OTHERS vs LALBHAI TRIKUMLAL MILLS LTD.

Citation / case number
SC 1954/90264
Court
Supreme Court of India
Petitioner
KESHAVLAL LALLUBHAI PATEL AND OTHERSAND OTHERS
Respondent
LALBHAI TRIKUMLAL MILLS LTD.
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that an extension of time for performance under Section 63 of the Indian Contract Act, 1872, must be based on an agreement between the parties, which can be established through oral evidence or conduct. The Court found that while the respondent's proposal for extension was communicated, the second condition was vague and lacked acceptance by the appellants, leading to no valid agreement for extension. Consequently, the agreement was deemed void under Section 29 of the Indian Contract Act due to its uncertainty.

KESHAVLAL LALLUBHAI PATEL AND OTHERSAND OTHERS vs LALBHAI TRIKUMLAL MILLS LTD. · Niyam