...justice has been breached, namely, that a unilateral addition or alteration of a contract has been foisted upon an unwilling party. This Court has further held that a party to the Agreement cannot...contract shall be interpreted according to the common intention of the parties. It is only when the intention cannot be established that the contract shall be interpreted according to the meaning that a...that this is not permissible at all in law. A party cannot be thrusted with a new contract against its wishes. Smt. Divan further submitted that SICAL having elected/availed the remedies of filing of...

...that provision, any novation, rescission and alteration of a contract can be made only bilaterally. A Deed of Cancellation will amount to rescission of contract and if the issue ...provision, any novation, rescission and alteration of a contract can be made only bilaterally. A Deed of Cancellation will amount to rescission of contract and if the issue in qu..., particularly, in a case of Sale Deed. In this context, we may refer to Section 62 of the Indian Contract Act, 1872 which provides that contract which need not be performed. By...

.... Section 62. Effect of novation, rescission, and alteration of contract. If the parties to a contract ag...thinks fit." 14. Under Section 62, apart from novation of a contract and rescission of a contract, alteration of a contract...here, in the facts of the present case, in the sense of amendment. It is settled law that an amendment to a contract being in the nature of a modification of the terms of the ...

...principle of justice has been breached, namely, that a unilateral addition or alteration of a contract can never be foisted upon an unwilling party, nor can a party to the agreement be li...(2019) 15 SCC 131, the fundamental principle of justice has been breached, namely, that a unilateral addition or alteration of a ...the conscience of the Court.43. An Arbitral Tribunal being a creature of contract, is bound to act in terms of the contract under which it is constituted. An award ca...

...liable under such circumstances would be to make for him a contract, to which he never agreed. (See Lee v. Butler) (1897) 167 Mase. 426, 57 Am. 'The question, to what extent the identity of an instrument mu...of Swayne J., " in pursuance of a stern but wise policy, the law annuls the instrument as to the party sought to be wronged"; Woody. Steel (1807) 6 Wallis 80. If we apply these principles to the case of an addition...reliance was placed, are clearly distinguishable, if we remember the well recognized distinction between the effect of an alteration of an executory contract and an alteration of a ...

...applicability of the ‘2011 Policy’ on the lease(s) entered under the ‘Khas Mahal Manual’ has formulated the following points for adjudication:(a) A policy decision cannot have a retrospective effect...this issue and it is only in the circumstances where all the parties to a contract unanimously agree to a substitution or modification in the covenants/terms and conditions of the contract that it can be c...of the Supreme Court rendered in the case of Citi Bank (supra) at paragraph-47 has clearly held that any novation, rescission or alteration of a contract under Section 62 ...

...cannot be brought about by the unilateral action of a party to an agreement. Consent of Arcellor was necessary.32. In Citibank N.A. v....62 of the Indian Contract Act can only be done with the agreement of both the parties of a contract. Both the parties have to agree to...183:—“… An assignment of a contract might result by transfer either of the rights or of the obligations thereunder. But there is a well-recognised distinction between...

...Act is applicable which speaks of conditions under which novation, recession and alteration of a contract can take place. In City Bank, N.A v. Standard Chartered Bank and others...“novation, recession or alteration of a contract under Section 62 of the Indian Contract Act can only be done with the agreement of both the parties to the ...it is bi-lateral. No such contract can be cancelled unilaterally by one party, unless such a right has been reserved in the contract itself. There is no specific provision for cancellation of a sale...

...the Transfer of Property Act for cancellation of a sale. Section 4 of the Transfer of Property Act stipulates that the provisions of the said Act which relate to contracts shall be taken as part ...a contract are governed by S. 62 of the Indian Contract Act. In City Bank v. Standard Chartered Bank (2004) 1 SCC 12, the Supreme Cour...a contract under S. 62 of the Contract Act can only be done with the agreement of both parties to the contract. Both the parties have to agree to set aside the original contract with ...

...formula under the agreement by another formula de hors the agreement. This being the case, a fundamental principle of justice has been breached, namely, that a unilateral addition or alteration of ...bypass on National Highway 26 in the State of Madhya Pradesh. The appellant's bid was accepted vide its letter of acceptance dated 30.12.2005, for a total contract value of INR 219,01,16,805/-. The....”5. After this Circular, the respondent stated that the Circular would have to be applied to the contract in question, as a result of which, a linking factor would have to be provided b...

...cannot afterwards enforce it against the promisor.***62. Effect of novation, rescission, and alteration of contract.—If ...alleged contract and there is no novatio.”47. Novatio, rescission or alteration of a contract under Section 62 of the Indian Contract Act can only....22. The learned Special Judge did not accept Citi Bank's plea that there was a satisfaction accepted and recorded to the original contract between Citi Bank and SCB in terms of Section 63 ...

...”.7. The duty of good faith is of a continuing nature. After the completion of the contract, no material alteration can be made in its terms except by mutual consent. Th...of a fact is judged by the circumstances existing at the time when the contract is concluded. In the present case, the introduction of the Tariff Advisory Committee document materially affects the...for damages caused during the first period for a sum of Rs 4,99,453.23 and for the second period for Rs 5000 which amount to a total of Rs 5,04,453.23 with interest from the date of the claim. The...

...Section 62 of the Indian Contract Act, 1872 which provides that contract which need not be performed. By that provision, any novation, rescission and alteration of a ...between two parties on mutal agreed conditions. Question is as to whether such contract can be unilaterally rescinded, particularly, in a case of sale deed. In this context, we may refer to...only bilaterally. A deed of cancellation will amount to rescission of contract and if the issue in question is viewed from the application of Section 62 of the Indian ...

...Courts have misdirected themselves while deciding the case? (iii) Whether after rescission/alteration of a contract, the contract which has been rescinded/altered, the original ...section 62 of the Contract Act, 1872, if the parties to a contract agree to substitute a new contract for earlier...(a) A owes money to B under a contract. It is agreed between A, B and C, that B shall thenceforth accept C as his debtor, instead of A. The old debt of ...

...alteration of contracts, the petitioner, as a party 6 to a contract, which is substituted by a new ...alteration of a contract. It deals with substitution of a contract by a new contract or its rescission or alternation. The contract between the creditor and the...discharged as guarantor and Respondent No. 1 was also liable to release his bungalow, as part of its security. It is submitted that Respondent No. 1-Bank proceeded to enter into a new contract with...

.... There is no specific provision in the Transfer of Property Act for cancellation of a sale. ...a contract are governed by S. 62 of the Indian Contract Act. In City Bank v. Standard Chartered Bank ((2004) ...a contract under S. 62 of the Contract Act can only be done with the agreement of both parties to the contract. Both the parties have to agree to set aside the original...

...that a contract cannot be amended unilaterally. It has been observed by this court in Ssangyong Engg. & Construction Co. Ltd. v. National Highways Authority of ...and Mr Hyde in the contractual field so as to impress on it all the characteristics of the State at the threshold while making a contract requiring it to fulfil the obligation of Article 14 of the...Constitution and thereafter permitting it to cast off its garb of State to adorn the new robe of a private body during the subsistence of the contract enabling it to act arbitrarily subject only to the...

...destroyed and to hold one of the parties liable under such circumstances would be to make for him a contract to which he never agreed [See Lee v. Butler(8)]. The question, to what extent the identity of an instrume...Swayne, J., “in pursuance of a stern but wise policy, the law annuls the instrument as to the party sought to be wronged,” Wood v. Steele(9). If we apply these principles to the case of an addition of a pa...reliance was placed, are clearly distinguishable, if we remember the well recognised distinction between the effect of an alteration of an executory contract and an alteration of a ...

...contract of gift is rescinded. The term "rescission" is used under the Indian Contract Act, as one of the circumstances under which by agreement between parties the obligation need not b...Supreme Court is as follows: "47. Novation, rescission or alteration of a contract under Section 62 of the Indian Contract...the case (save want or failure of consideration) in which, if it were a contract, it might be rescinded. Save as aforesaid, a gift cannot be revoked. Nothing...

...provision, any novation, rescission and alteration of a contract can be made only bilaterally. A deed of cancellation will amount to rescission of contract and if the issue in qu..., in a case of sale deed. In this context, we may refer to Section 62 of the Indian Contract Act, 1872 which provides that contract which need not be performed. By that...Officer while dealing with a deed of cancellation of sale. If a unilateral cancellation deed is allowed to be registered, without the knowledge and consent of the other party to the earlier ...