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december 1976

Supreme Court of India · 1976-12-17

GOVINDBHAI GORDHANBHAI PATEL & ORS. vs GULAM ABBAS MULLA ALLIBHAI & ORS.

Citation / case number
SC 1968/60237
Court
Supreme Court of India
Petitioner
GOVINDBHAI GORDHANBHAI PATEL & ORS.
Respondent
GULAM ABBAS MULLA ALLIBHAI & ORS.
Author
JASWANT SINGH
Bench
JASWANT SINGH

Judgment text excerpt

The Supreme Court held that under Section 56 of the Indian Contract Act, 1872, a contract becomes void only if an event occurs after its execution that renders performance impossible. The Court found that the refusal of permission by the Prant Officer was not catastrophic enough to render the agreement void. Furthermore, it ruled that the function of the Collector under Section 63(1) of the Bombay Tenancy and Agricultural Lands Act, 1948, is administrative, not judicial. Lastly, the Court clarified that a dismissal for formal defects does not invoke res judicata, allowing for subsequent proceedings on the same relief.

GOVINDBHAI GORDHANBHAI PATEL & ORS. vs GULAM ABBAS MULLA ALLIBHAI & ORS. · Niyam