Supreme Court of India · 1972-03-09
HUNGERFORD INVESTMENT TRUST LIMITED (IN VOLUNTAR vs HARIDAS MUNDHRA & OTHERS
- Citation / case number
- SC 1971/60258
- Court
- Supreme Court of India
- Petitioner
- HUNGERFORD INVESTMENT TRUST LIMITED (IN VOLUNTAR
- Respondent
- HARIDAS MUNDHRA & OTHERS
- Bench
- MATHEW, KUTTYIL KURIEN
Judgment text excerpt
The Supreme Court addressed the application for rescission of a contract under the Specific Relief Act, 1963, particularly focusing on Section 28 and the implications of a decree for specific performance. The Court held that the right to rescind a contract accrues when the conditions for performance are not met, and that a decree for specific performance can be executed as a money decree if no time is fixed for performance. The Court ultimately ruled in favor of the appellant, affirming the dismissal of the respondent's claims regarding the shares.