Impossibility

The performance of an act may not be literally impossible but it may be impracticable and useless from the point of view of the object and purpose which the parties had in view; and if an untoward event or change of circumstances totally upsets the very foundation upon which the parties rested their bargain, it can very well be said that the promisor finds it impossible to do the act which he promised to do.

AIR 1954 SCR 310

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Contempt for breach for permanent injunction and Rule 2A of Order 39, CPC

MCGM v, Bhikanlal Nanakchand Sharma, (2007) Vol. 109 (1) Bom. L.R. 0430

Cheriyan Mathew v. Kuriakose Peter, (2004) 13 SCC 637

 

 

Rule 2A of Order 39 is not available for breach of permanent injunction. (See also AIR 1987 Guj 160); (2002) 3 BCR 161.

 

Also doubtful if Rule 2A could apply to breach of undertaking given to the court.

 

Account of Profits

in case of breach of fiduciary duty


K.C. Skaria vs. The Govt. of State of Kerala, AIR 2006 SC 811


in case of breach of contract


Attorney General v. Blake, 2004 All ER (HL)

Frustration of contract:Onus of proof

Only if the party pleads frustration, will the other party get to plead and prove that frustration was due the the breaching party's neglect, default or self-induced. Sri Amuruvi v. KR Sabhapathi, AIR 1962 Mad 132; Dinanath v. Premchand, MANU/MP/0120/1956; VL Narasu v. PSV Iyer, AIR 1953 Mad 300

Court will not interfere so long as arbitrators view is a possible one and it remains within the terms of contract

NHAI v. Unitech-NCC Joint Venture, MANU/DE/2176/2010; McDermott International v. Burns Standard Co. Ltd, (2006) 11 SCC 181

Pleadings to be liberally construed

 Bismillah v. Janeshwar Prasad (1990) 1 SCC 207 (para 9); Ram Sarup Gupta v. Bishun Narain Inter College, AIR 1987 SC 1242;  Smt. Kalawati Tripathi v. Smt. Damayanti Devi, AIR1993 Pat 1 (para 13)

Courts cannot decide outside pleadings

(Gajanan Krishnaji Bapat and Anr. v. Dattaji Raghobaji Meghe, AIR 1995 SC 2284; Kalyan Singh Chouhan v. C.P. Joshi, JT 2011 (2) SC 97).  It is not permissible for the court (and also arbitral tribunal) to travel beyond the pleadings