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    <title>1994 (4) TMI 402 - ANDHRA PRADESH HIGH COURT</title>
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    <description>Territorial jurisdiction in a contract suit may be founded on connecting facts forming part of the cause of action, including payment and intended delivery or erection at the forum district; the objection failed because those facts were shown and no failure of justice was established. The arrangement for machinery to be manufactured for a proposed sugar factory was treated as an agreement to sell contingent on future events, not a concluded contract, because the goods were future goods and performance depended on the buyer proceeding with the project and paying the advance. As there was no proved forfeiture clause or enforceable breach, the amount retained could not be forfeited, and the refund claim and dismissal of set-off were sustained.</description>
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    <pubDate>Fri, 29 Apr 1994 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=287714</link>
      <description>Territorial jurisdiction in a contract suit may be founded on connecting facts forming part of the cause of action, including payment and intended delivery or erection at the forum district; the objection failed because those facts were shown and no failure of justice was established. The arrangement for machinery to be manufactured for a proposed sugar factory was treated as an agreement to sell contingent on future events, not a concluded contract, because the goods were future goods and performance depended on the buyer proceeding with the project and paying the advance. As there was no proved forfeiture clause or enforceable breach, the amount retained could not be forfeited, and the refund claim and dismissal of set-off were sustained.</description>
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