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.