AIR 1983 KERALA 1 ::(1982) Ker LT 928 ::(1982) Ker LJ 484 ::(1982) ILR(ker) 2 KER 729 ::ILR (1982) 2 Ker 729

Kerala High Court

Hon'ble Judge(s): K. Bhaskaran, P. C. Balakrishna Menon , JJ

(A) Contract Act (9 of 1872) , S.55— Time, when not of essence of contract - Agreement between plaintiff corporation and defendant contractor for construction of road - Agreement requiring construction to be completed before certain date - Special conditions providing for damages for delayed completion of work and also for extension of time in certain circumstances - Held, time was not of the essence of the contract. AIR 1979 SC 720, Rel. on. (Para 6) (B) Contract Act (9 of 1872) , S.23— Injury to the person or property - Agreement involving injury to properties of other persons - Agreement is void under S.23 and cannot be enforced in law - Breach of such unlawful agreement - No claim for damages is sustainable. (Para 7) .....