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july 2003

Supreme Court of India · 2003-07-17

A. Mohammed Basheer vs State Of Kerala And Ors

Citation / case number
AIRONLINE 2003 SC 607
Court
Supreme Court of India
Petitioner
A. Mohammed Basheer
Respondent
State Of Kerala And Ors
Author
Brijesh Kumar
Bench
Brijesh Kumar

Judgment text excerpt

The Supreme Court held that in cases of public auction for the removal of residual tree growth, if a substantial part is destroyed due to a force majeure event, such as a fire, the bidder may seek a reduction in the bid amount. The Court distinguished the case from Abdul Rahiman v. Divisional Forest Officer, emphasizing that no concluded contract arose due to the destruction of the subject matter. Consequently, the Court allowed the appeal, setting aside the High Court's decision and ruling that the issue of damages must be determined by a competent authority.

A. Mohammed Basheer vs State Of Kerala And Ors · Niyam