| Case ID |
41e2442c-b40a-4de6-9dd1-a21ac9c3f175 |
| Body |
View case body. Login to View |
| Case Number |
H.C.A. No.22 of 1985 |
| Decision Date |
Jul 27, 2009 |
| Hearing Date |
May 14, 2009 |
| Decision |
The court found that the appellant, Messrs DADA STEEL MILLS, was ready and willing to perform their part of the contract regarding the purchase of the vessel 'S.S. Marbella.' Despite the respondent's refusal to deliver the vessel as per the agreement, the court ruled in favor of the appellant. The court highlighted that the appellant's business could suffer significantly due to the breach. Consequently, the court decreed specific performance of the contract, allowing the appellant to recover the amount lying in court and emphasized the application of sections 19 of the Specific Relief Act and 73 of the Contract Act in awarding compensation for breach of contract. |
| Summary |
In the landmark case of H.C.A. No.22 of 1985, the Sindh High Court assessed the legal principles surrounding specific performance and breach of contract under the Specific Relief Act of 1877 and the Contract Act of 1872. The case involved Messrs DADA STEEL MILLS, who sought specific performance for the purchase of the vessel 'S.S. Marbella.' The court ruled that the appellant had fulfilled their obligations and was entitled to the delivery of the vessel, as well as compensation for damages incurred due to the breach. This case is crucial for understanding the enforcement of contracts, the rights of parties in business transactions, and the remedies available under Pakistani law. The court's decision reinforces the necessity for parties to adhere to contractual agreements and highlights the judiciary's role in upholding the rule of law in commercial disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
DADA STEEL MILLS,
METALEXPORT
|
| Judges |
KHILJI ARIF HUSSAIN,
MS. SOOFIA LATIF
|
| Lawyers |
Khalid Anwar,
Nemo
|
| Petitioners |
Messrs DADA STEEL MILLS
|
| Respondents |
5 others,
METALEXPORT
|
| Citations |
2009 SLD 640,
2009 CLC 1413
|
| Other Citations |
Sm. Shakuntla Devi and another v. Harish Chandra and another AIR 1952 Allahabad 620,
Ganga Singh and others v. Santosh Kumar and others AIR 1963 Allahabad 201,
Muhammad Sharif v. National Motors Ltd. 1989 CLC 916,
Messrs Nigar Pictures, Karachi v. Messrs United Brothers, Lahore and 6 others PLD 1970 Karachi 770,
Domb and another v. Isoz 1980 All E R 942,
AIR 1926 Born. 189,
Wroth and another v. Tyler 1973 (1) All E R 897,
Malhotra v. Chaudhry 1979 (1) All ER 186
|
| Laws Involved |
Specific Relief Act, 1877,
Contract Act, 1872
|
| Sections |
19,
21,
22,
73
|