AI Overview...
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Effect of Promisee's Neglect to Afford Facilities - When the promisee neglects or refuses to provide reasonable facilities for the promisor's performance, the promisor is generally excused from fulfilling their contractual obligations. This principle is supported by various legal sources, including the Indian Contract Act, 1872 (Section 67), emphasizing that such neglect can constitute a breach or can be a valid reason for non-performance Shripati Lakhu Mane VS Member Secretary, Maharashtra Water Supply and Sewerage Board - Supreme Court, M/S. LAMOS SOLUTIONS TECHNOLOGY PVT. LTD. vs THE GENERAL MANAGER, SOUTHERN RAILWAY HEAD QUARTERS OFFICE - Kerala, Union of India, Rep. by Chief Engineer, Chennai VS Arun Kumar Deedwania - Madras.
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Legal Implications of Neglect - The failure of the promisee to facilitate performance can lead to the promisor being justified in withholding performance or claiming discharge from the contract. This is especially relevant when the promisee's neglect impedes the promisor's ability to perform, thereby excusing them from liability Shripati Lakhu Mane VS Member Secretary, Maharashtra Water Supply and Sewerage Board - Supreme Court, Union of India, Rep. by Chief Engineer, Chennai VS Arun Kumar Deedwania - Madras.
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Related Contractual Concepts - The principle also intersects with concepts such as earnest money, which signifies a part payment or evidence of bargain, and can be forfeited if the promisee fails to perform as agreed. Additionally, contractual obligations like providing facilities are often considered mandatory or directory, influencing how neglect impacts enforceability Authorised Officer, Central Bank Of India VS Shanmugavelu - Supreme Court, THE AUTHORISED OFFICER CENTRAL BANK OF INDIA vs SHANMUGAVELU - Supreme Court.
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Broader Context and Enforcement - The neglect of the promisee to provide facilities can also relate to statutory promises and obligations under specific laws, where such neglect might amount to violation or breach, potentially leading to remedies like damages or specific performance. The doctrine of promissory estoppel may also apply if the promisee's neglect induces action or forbearance by the promisee based on a reasonable expectation Rajadhani Rythu Parirakshnana Samithi VS State of Andhra Pradesh, rep by its Chief Secretary - Andhra Pradesh.
Analysis and Conclusion:
Neglect by the promisee to afford reasonable facilities for performance is a significant factor that can excuse the promisor from contractual obligations, constituting a breach or justifying non-performance. This principle underscores the importance of mutual cooperation in contractual performance and highlights that failure to facilitate performance can have legal consequences, including discharge from contractual duties or remedies for breach.
Search Results for "Effect of Neglect of Promisee to Afford Promisor Reasonable Facilities for Performance"
2022 4 Supreme 235 • India - Supreme Court
HEMANT GUPTA, V. RAMASUBRAMANIAN
can be termed as breach of contract and not abandonment – Refusal of a contractor to continue to execute work, unless reciprocal promises ... Effect of neglect of promisee to afford promisor reasonable facilities for performance - If any promisee neglects or refuses to afford the promisor reasonable facilities for the #HL_STAR....
2025 Supreme(Online)(Ker) 55156 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
(A) Indian Contract Act, 1872 - Section 67 - Contract performance obligations - The petitioner, a contractor, sought a declaration ... Effect of neglect of promisee to afford promisor reasonable facilities for performance. ... —If any promisee neglects or refuses to afford the promisor reasonable facilities for the p....
2020 0 Supreme(Mad) 1598 • India - Madras
M.SUNDAR
Effect of neglect of promisee to afford promisor reasonable facilities for performance - If any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise, the promisor is excused by such neglect or refusal as to any non-#HL....
• India - Current Civil Cases
INDIRA BANERJEE, SAHIDULLAH MUNSHI
nbsp;(f) Arbitration and Conciliation Act, 1996 – Section 7 – Arbitration clause – Independent agreement, unrelated to performance ... Effect of neglect or promise to afford promisor reasonable facilities for performance- If any promisee neglects or refuses to afford the promisee reasonable facilities for the perform....
2006 2 Supreme 400 • India - Supreme Court
B.N.AGARWAL, A.K.MATHUR
to be paid in three annual equated instalments alongwith interest—It is never a condition precedent of the auction that all the facilities ... have been provided, no relief shall be granted but in case, any of the facilities had not been provided, then the High Court may ... We therefore, remit the matter to the High Court for a very limited purpose to see that in cases where facilities like kutcha road ... Section 67 of the Act provides that if any promisee neglects or refuses to afford#HL_EN....
2024 2 Supreme 92 • India - Supreme Court
D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
to Promisor to mark conclusiveness of contract – This is quite apart from price – It may also avail as a part payment if contract ... – Earnest need not be money but may be some gift or token given – It denotes a thing of value usually a coin of realm given by Promisor ... fact and in truth it was intended as mere evidence of bargain – Advance is a part to be adjusted at the time of final payment – If Promisee ... Earnest is something given by the Promisee to the Promisor to mark the conclusiveness of t....
1925 0 Supreme(Mad) 279 • India - Madras
K.SASTRI
A contract of indemnity is defined by Section 124 as a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person. ... He, however, is not prepared to hold that Section 145 can be construed as giving effect to that intention. He thinks that the plaintiff must fall back on Section 140. ... The 2nd defendant filed a written statement admitting the contract, but denying that the plaintiffs guaranteed the due performance of the ....
2016 1 Supreme 337 • India - Supreme Court
V.GOPALA GOWDA, AMITAVA ROY
(g) Interpretation of Rules – Mandatory or directory – Provisions relating to performance ... Rajasthan Land Acquisition Act, 1953 and the Notification under Section 4 thereof to this effect ... , knowing and intending that it would be acted upon by the promisee; ... (2) On such acting upon the promise by the promise, it would be inequitable to allow the promisor to go back on the promise. ... by executive action to that effect. ... It has been the p....
2024 Supreme(Online)(SC) 4945 • India - Supreme Court
Dr. Dhananjaya Y. Chandrachud,CJ, J.B. Pardiwala,J, Manoj Misra,J
106, 112, 123) ... ... Facts of the case: ... The appellant bank sanctioned credit facilities ... Earnest is something given by the Promisee to the Promisor to mark the conclusiveness of the contract. This is quite apart from the price. It may also avail as a part payment if the contract goes through. ... If it is found that the earnest money was paid in accordance with the terms of the tender for the due performance of the contract by the Promisee, the same can be forfeited in case of non-#HL_START....
2022 0 Supreme(AP) 1 • India - Andhra Pradesh
PRASHANT KUMAR MISHRA, M. SATYANARAYANA MURTHY, D. V. S. S. SOMAYAJULU
(3) Whether the action of the State and the APCRDA amounts to violation of statutory promise made by the State and the APCRDA in ... If so, whether the State and the APCRDA be estopped from continuous violation of such promise, applying the doctrine of promissory ... A promise which the promisor should reasonably ex-pect to induce action or forbearance of a definite and substantial character on the part of the promisee, and which does induce such action or forbearance, is binding if in....
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