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april 2009

Supreme Court of India · 2009-04-01

Ahmmadsahab Abdul Mulla (D) By Prop. Lrs vs Bibijan & Ors

Citation / case number
AIR 2009 SUPREME COURT 2193
Court
Supreme Court of India
Petitioner
Ahmmadsahab Abdul Mulla (D) By Prop. Lrs
Respondent
Bibijan & Ors
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Harjit Singh Bedi, Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed the interpretation of 'date' in Article 54 of the Limitation Act, 1963, clarifying that it does not necessarily imply a specific calendar date but can be determined based on the circumstances of the case. The Court noted differing interpretations by various High Courts and referenced previous judgments, including Ramzan v. Hussaini and Tarlok Singh v. Vijay Kumar Sabharwal, to establish that the date for performance in a contract may be contingent upon certain events. The Court ultimately held that a purposive interpretation should be applied to the term 'date fixed' in the context of specific performance claims.

Ahmmadsahab Abdul Mulla (D) By Prop. Lrs vs Bibijan & Ors · Niyam