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PETITIONER: SATYABRATA GHOSE
Vs.
RESPONDENT: MUGNEERAM BANGUR & CO., AND ANOTHER
DATE OF JUDGMENT: 16/11/1953
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. BOSE, VIVIAN BHAGWATI, NATWARLAL H.
CITATION: 1954 AIR 44 1954 SCR 310 CITATOR INFO : R 1958 SC 328 (25) RF 1959 SC 135 (20) R 1965 SC1523 (1) R 1968 SC1024 (8) R 1971 SC1756 (11) F 1977 SC1019 (1,11) A 1980 SC1717 (26) A 1980 SC1717 (26)
ACT: Indian Contract Act (IX of 1872), s. 56- Agreement to sell land-Doctrine of frustration- Applicability-Doctrine whether applicable in India- Scope of s. 56 Impossible meaning of- Agreement for sale of land-Buyer’s rights-English and Indian law.
HEADNOTE: The doctrine of frustration is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of S. 56 of the Indian Contract Act.. The view that s. 56 applies only to cases of physical impossibility and that where this section is not applicable recourse can be had to the principles of English law on the subject of frustration is not correct. English cases can have only a persuasive value, and are only helpful in showing how English courts decided cases under similar circumstances. Section 56 of the Indian Contrac...