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that the whole purpose or basis of a contract
was frustrated by the intrusion or occurrence of an
unexpected event ... that the
doctrine of English law relating to frustration of contract,
upon which the learned Judges of the High Court
Supreme Court of India
CITATION:
1968 AIR 522 1968 SCR (1) 821
ACT:
Contract-frustration impossibility of performance due to
intervening circumstances-Whether contract ... whole purpose or the basis of the contract
was frustrated by the intrusion or occurrence of an unex-
pected event
Supreme Court of India
Contract Act. [75B-D]
66
The doctrine of frustration of contract is really an aspect ... parties.
In English law the question of a frustration of contract has
been treated by courts as it question
Supreme Court of India
other
words, the special defence of frustration of contract, if not pleaded
by a party, the opposite party gets ... whole purpose or basis of the contract was frustrated by
supervening events. Subba Rao C. J., after referring
Madras High Court
Gauhati High Court
Ka Ron Lanong vs The State Of Assam on 29 August, 1958
Gauhati High Court
have been exercised by the lessee, but
the contract was frustrated as Section 65 of the Contract Act applied ... lease of agricultural land, the broad principle of frustration of
contract applies to leases. The principle of Section 65 also
Punjab-Haryana High Court
suit property into
non-agricultural land, frustrated the contract.
19. The following conditions are essential before Section ... other hand. Knowledge of frustrated contract cannot
be interpreted and imputed of knowledge of subsisting contract.
22. It is contended
Gujarat High Court
already stated, I shall discuss later on, the contract became
frustrated and the whole object and the scheme of enacting ... only to avoid the frustration as if the contract never frustrated.
Therefore, on a plain reading of the section
Patna High Court
goods stood requisitioned by the Government
the contract got frustrated. The result was that the defendant was not
liable ... error of law in holding that the
suit contract had got frustrated.
4. Without prejudice to his aforesaid contentions
Gujarat High Court
that there
is a supervening impossibility or illegality, the contract frustrates
under Section 56 of the Act.
29. In Alopi ... Union of India , it was held that a contract stands frustrated under
Section 56 of the Contract Act when circumstances
Delhi High Court
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