https://www.taxtmi.com/caselaws?id=309506 The plaintiff, a cinema film distributor, alleged breach of contract by the defendants, a film importing company, for failing to deliver films as agreed. The plaintiff repudiated the contract, seeking a refund and damages. The trial court awarded Rs. 4000 under Section 64 of the Contract Act, but the appellate court disagreed. The court clarified that Section 64 applies to rescission under Section 39 and allowed the defendants to claim damages as an equitable set-off. The appeal was allowed, granting the plaintiff Rs. 4000, subject to set-off damages. The case was remitted to the High Court for further proceedings on damages assessment. en-us Tue, 15 Dec 1942 00:00:00 +0630 Wed, 06 Sep 2023 11:46:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309506 The plaintiff, a cinema film distributor, alleged breach of contract by the defendants, a film importing company, for failing to deliver films as agreed. The plaintiff repudiated the contract, seeking a refund and damages. The trial court awarded Rs. 4000 under Section 64 of the Contract Act, but the appellate court disagreed. The court clarified that Section 64 applies to rescission under Section 39 and allowed the defendants to claim damages as an equitable set-off. The appeal was allowed, granting the plaintiff Rs. 4000, subject to set-off damages. The case was remitted to the High Court for further proceedings on damages assessment. Case-Laws Indian Laws Tue, 15 Dec 1942 00:00:00 +0630 https://www.taxtmi.com/caselaws?id=309506