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march 1972

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.

HUNGERFORD INVESTMENT TRUST LIMITED (IN VOLUNTAR vs HARIDAS MUNDHRA & OTHERS · Niyam