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    <title>1936 (12) TMI 28 - BOMBAY HIGH COURT (NAGPUR BENCH)</title>
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    <description>A lease for lac cultivation was treated as an agricultural transaction under the Central Provinces Tenancy Act, 1920, so Section 107 of the Transfer of Property Act did not require a registered instrument; the preliminary documents were evidentiary only, and want of registration was not a bar to the suit. On anticipatory breach, damages were assessed from the date the innocent party elected to rescind, not from the first repudiation, because the plaintiff initially allowed performance to continue and treated the contract as subsisting until the later failure. The later rescission date therefore governed damages.</description>
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    <pubDate>Wed, 09 Dec 1936 00:00:00 +0530</pubDate>
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      <description>A lease for lac cultivation was treated as an agricultural transaction under the Central Provinces Tenancy Act, 1920, so Section 107 of the Transfer of Property Act did not require a registered instrument; the preliminary documents were evidentiary only, and want of registration was not a bar to the suit. On anticipatory breach, damages were assessed from the date the innocent party elected to rescind, not from the first repudiation, because the plaintiff initially allowed performance to continue and treated the contract as subsisting until the later failure. The later rescission date therefore governed damages.</description>
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      <pubDate>Wed, 09 Dec 1936 00:00:00 +0530</pubDate>
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