SMT. ASLHING @ LHINGJANQNG versus L.S. JOHN & ORS.

SMT. ASLHING @ LHINGJANQNG versus L.S. JOHN & ORS.

Once the respondent wrote a letter closing the contract and resigned from the contractor's list, the contract ended by breach and was no longer subsisting, regardless of whether the authority accepted the letter.

Parties
Appellant: Smt. Aslhing @ Lhingjanqng; Respondent: L.S. John & Ors.
Jurisdiction
India
Judgment Date
22 November 1983
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 18th December, 1981 of the Gauhati High Court in Election Petition No. 1 of 1980
Outcome
Appeal dismissed
Legal Topics
Termination of Contract, Candidate Disqualification Under Subsisting Government Contracts
Contract Law Election Law Termination of Contract Candidate Disqualification Under Subsisting Government Contracts

Case Brief

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Parties

Smt. Aslhing @ Lhingjanqng

Appellant

L.S. John & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 18th December, 1981 of the Gauhati High Court in Election Petition No. 1 of 1980

Legal Issues

  1. 1 Whether a contract with the Government subsisted at the time respondent filed nomination
  2. 2 Whether unilateral closure by respondent ended the contract

Ratio Decidendi

Once the respondent wrote a letter closing the contract and resigned from the contractor's list, the contract ended by breach and was no longer subsisting, regardless of whether the authority accepted the letter.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without any order as to costs