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july 2003

Supreme Court of India · 2003-07-17

A.MOHAMMED BASHEER vs STATE OF KERALA .

Citation / case number
SC 1994/72887
Court
Supreme Court of India
Petitioner
A.MOHAMMED BASHEER
Respondent
STATE OF KERALA .
Bench
V.N. KHARE CJ & BRIJESH KUMAR & S.B. S1NHA

Judgment text excerpt

The Supreme Court held that in cases of public auction, if a substantial part of the subject matter (residual tree growth and firewood) is destroyed due to a force majeure event (fire), the bidder may seek a reduction in the bid amount. The Court distinguished the case from Abdul Rahiman v. Divisional Forest Officer, where a breach of contract was admitted, emphasizing that no concluded contract existed in the present case. Consequently, the Court allowed the appeal, setting aside the High Court's judgment and ruling that the question of damages could not arise.

A.MOHAMMED BASHEER vs STATE OF KERALA . · Niyam