Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | stand crystallized Contract Rights and liabilities of the parties |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Contract Act, 1872 (9 of 1872) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contract: Rights and liabilities of the parties stand crystallized on the date of entering into the agreement – In the instant case, appellant and respondent No.1 entered into agreement dated 22.05.2012 which categorically stated that respondent No.1 would pay a sum of Rs. 1,00,000 per hectare towards irrigation restoration charge – On the same day, respondent No.1 also gave an undertaking that it would pay the stipulated sum within a specific period of time – Thus, right from the very beginning i.e., in the sanction order, the demand notice and in all its letters, the appellant had stipulated a sum of Rs. 1,00,000 per hectare as irrigation restoration charges – In fact, all these communications get subsumed in the agreement dated 22.05.2012 – Thus, respondent No.1 was not justified in challenging the levy of Rs. 1,00,000 when it itself had agreed to the same – Signing the agreement and issuing an undertaking would restrain Respondent No.1 from challenging the levy of Rs. 1,00,000 as irrigation restoration charges – Also on the aspect of differential treatment alleged, government gave reasonable and sufficient explanation. |
Judge | Hon'ble Mr. Justice Pamidighantam Sri Narasimha |
Neutral Citation | 2023 INSC 33 |
Petitioner | The Chief Engineer, Water Resources Department & Ors. |
Respondent | Rattan India Power Limited Through Its Director & Ors. |
SCR | [2023] 1 S.C.R. 507 |
Judgement Date | 2023-01-13 |
Case Number | 8550 |
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