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april 2014

Supreme Court of India · 2014-04-25

Gian Chand And Ors vs M/S York Exports Ltd. & Anr

Citation / case number
AIR 2014 SUPREME COURT 3584
Court
Supreme Court of India
Petitioner
Gian Chand And Ors
Respondent
M/S York Exports Ltd. & Anr
Author
V. Gopala Gowda
Bench
V. Gopala Gowda, Gyan Sudha Misra

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the decree for payment of ₹39,20,000 with 6% interest per annum from the date of the suit, emphasizing that the plaintiffs failed to obtain necessary permissions under Section 118 of the Himachal Pradesh Tenancy & Land Reforms Act, leading to a breach of contract. The Court clarified that the contract was not frustrated as per Section 56 of the Contract Act, 1872, and the defendants were not at fault. The appeal was partially allowed, focusing on the issue of interest payment, while the principal amount was to be paid within six weeks.

Gian Chand And Ors vs M/S York Exports Ltd. & Anr · Niyam